This Website, identified by the domain name excelory.com (www.excelory.com), is owned by Excelory Solutions Private Limited (hereinafter referred to as “Excelory”), a company incorporated under the Companies Act, 1956, with its registered office at Goa, India.
The term “Website” or “Websites” is meant to be an all-inclusive term comprising of all aspects of and related to the website, including but not limited to the domain name, its sub-domains, other associated websites (including, but not limited to, related Intranet/internal websites and/or applications not necessarily hosted on the Internet website), individual URL(s), Internet Protocol Addresses, sites, web pages, files, content, information, graphics, multimedia materials, code, logos, services, trademarks, designs, web hosting server space, web applications, elements dynamically created or modified by the web applications, and all other items and elements and all of the various features, data, information, functions, tools, software, products, services, and materials associated with and/or related to Excelory as a business in general and its Websites, whether in, on or off the Websites, and irrespective of the location of the affected and/or resulting elements.
The terms “You”, “Your”, “User” or “Users” shall mean any natural or legal person or entity who accesses and/or uses Our Websites and/or Services and/or otherwise avails of or shows interest in Excelory and its services.
Also, the terms “We”, “Us”, “Our”, “Company”, and “Excelory” shall mean Excelory Solutions Private Limited.
Also, wherever the context so requires, the terms “Services”, “Our Services” or other related variants shall include, but not be limited to, all data, information, functions, features, tools, services, products, programs, software, offers, materials or any other related attribute, business aspect, or action, whether tangible or otherwise, available through Our Websites or through any other means, whether online, offline, or through any other medium whatsoever.
OUR WEBSITES AND SERVICES MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME, SOLELY AND IN TOTALITY, ALL RISKS ASSOCIATED WITH MAKING USE OF AND/OR RELYING ON OUR WEBSITES AND SERVICES.
EXCELORY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, SECURITY, LEGALITY, OR ACCURACY OF OUR WEBSITES AND SERVICES FOR ANY PURPOSE.
OUR WEBSITES AND SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
SHOULD OUR WEBSITES AND SERVICES PROVE DEFECTIVE, YOU, AND NOT EXCELORY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS, OR ANY OTHER ACTIONS OR REPERCUSSIONS WHATSOEVER.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCELORY MAKES NO WARRANTY THAT OUR WEBSITES AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITES AND SERVICES WILL BE SECURE, OR ERROR FREE OR AVAILABLE IN AN UNINTERRUPTED AND TIMELY MANNER, OR THAT DEFECTS IN OUR WEBSITES AND SERVICES WILL BE CORRECTED.
EXCELORY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM AND/OR FOR ANY OTHER LOSSES THAT RESULT, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, AND INFORMATION FROM WEBSITES OR FROM ANY OTHER USE OF OUR WEBSITES AND SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITES OR FROM EXCELORY, ITS PARENTS, SUBSIDIARIES, AFFILIATES OR OTHER PARTNERS, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) SHALL CREATE ANY WARRANTY.
EXCELORY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR WEBSITES AND SERVICES.
Limitation of Liability
WE ARE ENTITLED TO THE MAXIMUM LIMITATION PERMITTED IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS RESTRICTED BY LAW.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED AN AMOUNT EQUIVALENT TO INR 1000 (ONE THOUSAND INDIAN RUPEES ONLY) OR THE LAST AND FINAL INSTALLMENT OF THE MONEY YOU PAID TO US AS ADVANCE AMOUNT TOWARDS THE SERVICE DIRECTLY RELATED TO THE SUBJECT MATTER OF ANY DISPUTE, WHICHEVER IS LESSER.
You shall also waive any claims that You may have in this regard and/or for any reason whatsoever, under any and all applicable laws.
Your Account Obligations
When you use Our Websites and Services, show any interest in, contact, or are contacted by Excelory in any manner whatsoever, We may assign/allocate an identity, a reference, and/or an account (hereinafter referred to as “Your Account”) in order to identify you, personally or otherwise, either through the Website or through other offline or online/electronic means.
Your Account is a means and mechanism through which data and information about You and your relationship with Excelory and its services is maintained.
Details of Your Account with us may be shared with you, following which you may be provided with a facility to maintain your Account. While the account details may be shared with you, Excelory always owns all rights to Your Account.
Upon having shared Your Account details with you, you agree to abide by all obligations generally applicable to login accounts and implicitly expected out of an user of membership services in general.
Since Your Account details may not always be shared with you, you must understand that Your use of Our Websites and Services may anyway be associated with an account (Your Account) and, therefore, all such obligations, including but not limited to those expressly documented herein, shall be binding on You.
Use of Our Websites and Services is available only to persons who can form legally binding contracts. 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 Our Websites and Services.
If you are a minor, you are forbidden from using Our Websites and Services. Further, if you are legally a minor and wish to use or transact on Our Websites, such use or transaction may be made by your legal guardian or parents.
We reserve the right to terminate your account(s) or membership and/or refuse to provide You with access to Our Websites and Services if it is brought to Our notice or if it is discovered that You are below the eligible age limit.
We may, at our sole discretion and convenience, choose to disallow or deny the use of the Our Websites and Services to anyone, anytime, without any obligation to provide any reason or justification in that regard.
You shall be responsible and held accountable for all activities that you perform on or through Our Websites or in connection with Our Services, especially those that occur through Your Account, even in the event of Your Account being compromised and used fraudulently.
You are solely responsible for maintaining the security and confidentiality of your account details like, for example, Login name / Username, Password, Display Name, or any other information that, if revealed, may compromise your account or relationship with us and/or cause or lead to damages. We shall not be held responsible for any such unauthorized access, and You shall be held accountable in all cases.
You agree not to disclose information that is confidential to Excelory, or cause such information to be disclosed, to any person, medium, entity or platform whatsoever/whomsoever, whether directly or indirectly, without our prior written consent.
Confidential Information includes, but is not limited to, information, services, programs, products, software, services, and materials that are otherwise not made available by Us to the public, and/or those that become available to You through the use of Our Websites and Services, Your Account, or otherwise through dealings between You and Excelory, either directly or indirectly or through derivative means, and/or any other information made available by Excelory that is marked confidential or would normally be considered confidential under the circumstances in which it is presented.
Your Account details are also classified as confidential information. It is therefore your responsibility to maintain confidentiality of your login and other details associated with Your Account, and you will be held accountable for their security.
Certain features of Our Websites and Services may permit You to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Input” or “Your Input”).
By submitting User Input, You grant to Excelory an irrevocable, perpetual, transferable, non-exclusive, fully-paid and worldwide license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your Input (or any modification thereto), in whole or in part, in any format or medium now known or later developed, and (b) use (and permit others to use) Your Input in any manner and for any purpose (including, without limitation, commercial purposes) that Excelory deems appropriate in its sole discretion (including, without limitation, to incorporate Your Input or any modification thereto, in whole or in part, into any technology, product, or service).
By submitting any User Input, you represent and warrant that:
- You are at least 13 years old;
- You own all rights in Your Input (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in Your Input) or, alternatively, you have acquired all necessary rights in Your Input to enable you to grant to Excelory the rights in Your Input described herein;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your Input by any party;
- You are the individual pictured and/or heard in Your Input or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual considered a minor) who appears and/or is heard in Your Input, to grant the rights to Excelory described herein;
- Your Input does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all “moral rights” that you may have in Your Input;
- Any information contained in Your Input is not known by you to be false, inaccurate, or misleading;
- Your Input does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising)
- Your Input is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting Your Input;
- Your Input does not incorporate materials from a third party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
- Your Input does not contain any viruses, worms, spyware, adware, or other potentially damaging code, programs or files;
- Your Input does not contain any information that you consider confidential, proprietary, or personal; and
- Your Input does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Excelory reserves the right to display advertisements in connection with User Input and to use Your Input for advertising and promotional purposes.
Excelory may, but is not obliged to, pre-screen User Input or monitor any area of Our Websites through which User Input may be submitted.
You agree that you are solely responsible for all Your Input.
Excelory is not required to host, display, or distribute any User Input on or through Our Websites and may remove at any time or refuse any User Input for any reason.
Excelory is not responsible for any loss, theft, or damage of any kind to any User Input.
Excelory does not want to receive any User Input that is confidential. You understand and agree that any User Input will be considered non-confidential and non-proprietary and that Excelory will be free to disclose Your Input to any third party without any obligation of confidentiality on the part of the recipient.
Excelory does not guarantee that you will have any recourse through Excelory or any third party to edit or delete any User Input you have submitted.
Notwithstanding its reasonable efforts in that behalf, Excelory cannot take responsibility for or control the information provided by You or other Users, which is made available on Our Websites and in connection with Our Services. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. You are required to use caution and practice safe trading and usage when using Our Websites and Services.
You agree not to use Our Websites and Services (including, without limitation, any Materials or Services you may obtain through your dealings with Excelory and/or its Third Parties and/or their websites):
a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each, a “Law”);
b) to stalk, harass, or harm another individual;
c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
d) to interfere with or disrupt the Websites or servers or networks connected to the Websites.
You further agree not to
i) use any data mining, robots, or similar data gathering or extraction methods in connection with the Websites; or
ii) attempt to gain unauthorized access to any portion of the Websites or any other accounts, computer systems, or networks connected to the Websites, whether through hacking, password mining, or any other means; or
iii) misuse the Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
iv) attack the Websites via a denial-of-service attack or a distributed denial-of service attack.
By breaching these provisions, you would commit a criminal offence punishable under the law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Websites and Services will cease immediately.
Excelory shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our Websites and/or Services or due to your downloading of any Materials posted therein, or on any websites linked to from therein.
When you use Our Websites and Services or even simply visit Our Websites, send e-mails to Excelory, or use any of the other written modes of communication including, but not limited to, the use of the Contact Form or other features permitting submission of User Input, you acknowledge that you are communicating with Excelory electronically.
We may respond to you by e-mail or by posting information and/or notices on Our Websites. You agree that all such notices, disclosures and other communications that Excelory provides to you electronically satisfy any legal requirement that such communications be in writing.
Third Party Content and Links
Certain areas of Our Websites and Services may include content, products and services provided or posted by third parties or links to third parties, including but not limited to users, advertisers, alliances, affiliates and sponsors. You agree that Excelory is not responsible for content, statements, or representations of any third parties, or for their products, services or activities, and that You shall bear all risks associated with the use of such content.
Links on Our Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave Our Website. You agree that Excelory is not obliged to review such third-party websites, may not control such third-party websites and is not responsible for any such third-party websites (or the products services, or content available through the same, or for the availability of those websites). Excelory does not endorse or make any representations about such third-party websites, or any information, software, products, services or materials found there or any results that may be obtained from using them. If you access any of the third-party websites linked to from Our Websites, you do so entirely at your own risk. The User is requested to peruse the policies posted by the other websites regarding privacy and other topics before use. Excelory is not responsible for any loss or damage of any sort User may incur from dealing with any third party or their websites.
Linking to Our Websites
You may create links to Our Websites from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Without Excelory’s written authorization to the contrary, a website that links to any of Our Websites:
i) may link to, but shall not replicate, any Materials (including any Excelory logo);
ii) shall not create a browser or border environment around any Materials, including the use of HTML frames, iframes, or using popup windows;
iii) shall not imply that Excelory endorses such website or any products, services or content available through such website;
iv) shall not misrepresent its relationship with Excelory;
v) shall not present false or misleading information about Excelory, its products or its services;
vi) shall not be violating any Law, including but not limited to unfair competition, anti-discrimination, and false advertising.
vii) shall not be, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, distasteful, offensive or controversial, or invasive of another’s privacy;
Excelory reserves the right to withdraw linking permission anytime, and to ask the linking party to immediately discontinue linking to Our Websites, for any reason whatsoever.
Trademark & Copyright Restrictions
You acknowledge and agree that Our Websites and Services are, and shall remain, the exclusive property of Excelory.
The word “Excelory” is a trademark, and a proprietary brand identity, of Excelory Solutions Private Limited, and any other product or service name or slogan or logo contained in Our Websites and Services are trademarks of Excelory and/or its suppliers or licensors, as the case may be. No such trademark may be copied, imitated or used, in whole or in part, without the prior written permission of Excelory or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Excelory or the applicable trademark holder. All the rights, including copyrights and intellectual property rights, in the material presented in Our Websites and Services but belonging to third parties (“Third Parties”), shall be governed by the terms and conditions as specified by such Third Parties. You are advised, and You are deemed to have agreed, to peruse and abide by such terms and conditions as specified by the Third Parties.
Excelory owns the copyright in the contents of each of Our Websites and Services as a collective work and/or compilation in the selection, coordination, and arrangement of the Websites and Services. Excelory and all other names, logos, and icons identifying Excelory and its services are proprietary trademarks of Excelory, and any use of such marks without the express written permission of Excelory is prohibited. In addition, the look and feel of Our Websites (including all page headers, custom graphics, button icons and scripts) are service marks, trademarks and/or trade dresses of Excelory and may not be copied, imitated or used (in whole or in part) without prior written permission from Excelory.
Our Websites and Services and all materials therein, including, but not limited to, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights, and are made available solely for Your personal online reference and must not to be made use of otherwise, whether offline or elsewhere, for neither commercial nor personal use.
You must not save offline, copy, modify, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without prior written consent from Excelory, modification of the materials from Our Websites and Services, use of those materials on any other website, personal computer, or networked computer environment, or elsewhere, for any purpose, whether commercial or non-commercial use, is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
You may not use any metatags or any other “hidden text” utilizing any name, trademark or product or service name of Excelory, whether on Our Websites or elsewhere on the Internet, without prior written permission from Excelory.
Reference to any products, services, processes or other information, by trade name, trademark or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by Excelory.
Unless otherwise specifically provided, you may not use any data mining, robots, or similar data gathering and extraction tools on Our Websites and Services, frame any portion of Our Websites, scrape Our Websites or databases, or reproduce, reprint, redistribute, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute Our Websites and Services (or any portion) without Our prior written consent.
If you are a Third Party doing business with Excelory, or if Excelory avails of your products or services, you are required to keep confidential and secure the personal information of Our customers, employees, and other business partners and Third Parties that you may have received or may receive on Our behalf or otherwise through Excelory’s dealings with You, and You may not use any such information for any purpose other than necessary to provide services for Excelory.
All rights not expressly granted herein are reserved.
Excelory respects trademarks and intellectual property rights of others. In case You feel that Your trademark or other intellectual property rights have been infringed, please Contact Excelory.
International and export issues
Our Websites and Services are administered from Our headquarters in Goa, India. Excelory makes no representation that Our Websites and Services are appropriate or available for use outside of India. Access to, and use of, Our Websites and Services from territories where its contents or services are illegal or restricted is prohibited.
If you choose to access and/or use Our Websites and Services from outside India, you do so out of Your own initiative and interest and You are responsible for compliance with all applicable Laws.
You agree to comply with all export and re-export restrictions and regulations of local, regional and national (in all countries involved), as well as international, global, and foreign agencies and authorities in connection with your use of Our Websites and Services, and to not, in violation of any Laws, transfer or authorize the transfer of any Materials to prohibited countries, individuals or any other entities belonging to restricted/controlled lists, or otherwise in violation of any Laws. By using any Materials subject to any restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Governing Law and Disputes
You agree that You will first make all efforts to resolve any conflict, dispute, dissatisfaction, disagreement, misunderstanding, and/or any offence (whether assumed, implicit or explicit) (hereinafter collectively referred to as “Problem”) between You and Excelory through amicable means, before You resort to any legal notification or action against Excelory, regarding any matter whatsoever. Such means must include, in the least, the following:
a) You must notify Us about the Problem as soon as practically possible.
b) You must provide Us with all possible details about the Problem, and seek to resolve the Problem amicably.
c) You must provide sufficient time to Us to resolve the problem, as well as provide Your sincere cooperation to Us during the course of resolution of the problem.
d) In case of continued conflict, You agree to resort to reasonable amount of negotiation with Us in order to come to a common consensus.
Finally, and only as a last resort, in case it is not possible for You and Excelory to come to a common consensus through negotiation, either party may choose to resort to legal means.
In the case where Services are yet to be delivered to You by Us, You agree that Our maximum liability shall not exceed an amount equivalent to INR 1000 (one thousand Indian rupees only) or the last and final installment of the money you paid to us as advance amount towards the Service directly related to the subject matter of the dispute, whichever is lesser.
In the case where the Services are already offered by Us to You, or in the case where We have already incurred cost towards provision of Services to You, You agree that We shall have no liability whatsoever, and, furthermore, You agree to pay Us a sum of money equal to the total cost incurred towards providing the Services to You in the form of direct monetary expenses as well as in the form of effort spent based on Our standard role-based hourly rates.
As part of Our Services and business operations, we may need to provide you with certain communications, such as service announcements and administrative messages, which you may not be able to opt-out of. We shall however endeavor to have mechanism(s) in place so that you can opt out of most of the communication that is not of high importance, including newsletters, offers, etc. In the absence of better mechanisms to opt out of communication that is not designated as highly important, you can contact us using the Contact Form, following which we shall take appropriate measures to accommodate Your opt-out requests.
Other Policies and Agreements
Customer Master Agreement for Hosted Solutions
This is the Master Agreement that You, as a Customer, agree to, when signing up for any of our Hosted Solutions. Hosted solutions consists of various products that may be made available or discontinued from time to time, and include the following:
i) Domain Registration
ii) Hosting (Windows / Linux)
iii) Website Builder
iv) Digital Certificates
v) Reseller Services
Apart from this Master Agreement, You also agree to the terms and conditions for each Product that You wish to buy.
Registrar Registrant Agreement for Domain Names
This represents the agreement between Registrar and Registrant, for Domain Registration.
Customer Agreement for Domain Names
This represents the Customer Agreement for Domain Registration.
Customer Agreement for Digital Certificate
This represents the Customer Agreement for Digital Certificate.
Customer Agreement for Hosting
This represents the Customer Agreement for Web Hosting.
Changes to Our Websites & Services
Excelory reserves the right to make additions to, modify, discontinue, suspend or terminate Our Websites and Services and all related aspects, without any notice, at our sole discretion, at any time, and for any reason whatsoever.
If any product or service is discontinued, we shall endeavor, but are not obliged, to refer you to or offer you a corresponding service that may be of help to you in transitioning out of the use of the prior product or service. In case You have already paid Us in advance for the corresponding product or service, we shall consider refunding but are not obliged to refund the advance amount. In case the product or service was being offered by Us as a reseller of a Third Party, we are not liable to refund to you any such advance payment that you may have made towards future use of the product or service.
You submit to permanently, and irrevocably destroy any downloaded, stored, and/or printed Materials or any copies thereof pertaining to Our Websites and Services, as well as any references to or information or data regarding or related to Our Websites and Services, immediately upon discontinuation of Your use of Our Websites and Services, whether by choice or due to suspension or termination enforced upon You by Us.
The provisions of Warranty Disclaimer, Limitation of Liability, Indemnity, Confidentiality, Trademark and Copyright Restrictions, Governing Law and Disputes, and any other provisions that, in Our sole discretion, may continue to be valid and/or applicable, shall survive such termination of Our Websites and Services and/or termination of Your use of Our Websites and Services.