Terms and Conditions
Mon, 16 Sep 2019
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These Terms of Use (“These Terms”) govern your use of the website accessible at https://www.techxo.com/ including all pages within this website (“Website”) and are a legal agreement between you (referred to herein as "you", "your" or "user") and TECHXO (Sole Establishment (referred to herein as "Company" or "we").

Acceptance Use of Policy

By accessing or using this Website you accept and agree to These Terms and Privacy Policy and any other Company’s terms as may be specified on the Website. These Terms will be applied fully and affect to your use of this Website. Please read These Terms carefully before accessing, using or obtaining any materials, information, products or services. If you do not agree to These Terms, please do not use this Website.

The Website and any products or services available on or via the Website are intended solely for individuals who are eighteen (18) years of age or older. If you are not yet 18 or are accessing this Website from any country where this material is prohibited, please exit now as you do not have proper authorization and your continued use of the Website will be in violation of These Terms.

If you are entering into These Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to These Terms, in which case the term “you” or “your” shall refer to such entity and its affiliates. If you don’t have such authority, or if you do not agree with These Terms, you must not accept These Terms and may not use the Website.

Website Terms of Use

This Website and all its contents are intended solely for personal, non-commercial use. You may download, copy and print selected portions of the contents and other downloadable materials displayed on this Website for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Website or in the contents. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, this Website or any related software in any form or by any means. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited.

Prohibited Actions

As a condition of use, you promise not to use the Website for any purpose that is unlawful or prohibited by These Terms or any applicable law, or any other purpose not reasonably intended by the Company.

Additionally, you agree that you will not in whole or in part:

• use or access the Website in a manner that: (a) violates any applicable laws; (b) violates the rights of any third party; (c) purports to subject the Company to any other obligations; or (d) for any purpose not specifically permitted in These Terms;

• rent, lease, sell, resell, loan, assign, sublicense, license, copy, distribute or otherwise commercially exploit, or otherwise transfer rights to use the Website or its content;

• cause or permit decompilation, reverse assembly, reverse engineering or otherwise attempt to discover the source code of all or any portion of the Website or the Company’s Intellectual Property;

• access or use the Website in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Website, or (c) copy any ideas, features, functions or graphics of the Website and Company’s Intellectual Property or modify, adapt, translate, or otherwise create derivative works based upon the Website;

• Take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

• Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

• Bypass any measures the Company may use to prevent or restrict access to the Website. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

• Delete, fail to reproduce or modify any patent, copyright, trademark or other proprietary rights notices, legends, or labels which appear on the Website.

Without limiting the foregoing, You shall at all times comply with These Terms, Privacy Policy and other terms and policies on the Website, as may be amended at the sole discretion of the Company, and furthermore may not use the Website to: (a) send spam or otherwise send duplicative or unsolicited messages in violation of applicable laws; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates a third party's privacy rights.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS WEBSITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS WEBSITE, AND ANY LINKS PROVIDED ON THIS WEBSITE; (3) ANY INACCURACY, ERROR OR OMISSION IN RELATION WITH THE TIPS, ADVICE, GUIDES AND OTHER INFORMATION CONTAINED ON THIS WEBSITE OR IN RELATION WITH ANY DELAY IN THEIR TRANSMISSION OR DELIVERY, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED ON THIS WEBSITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE; (5) ANY TRANSACTION CONDUCTED ON THIS WEBSITE; AND (6) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW. THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE TERMS OR YOUR RIGHT TO USE THIS WEBSITE.

 If you are dissatisfied with the Website, or These Terms, your only remedy under These Terms shall be to discontinue use of the Website.

Indemnification

You (and also any third party for or on behalf of whom you operate an account or activity on the Website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website or those conducted on your behalf):

• Your uploads, access to or use of the Website;

• your breach or alleged breach of These Terms;

• your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;

• your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or

• Any misrepresentation made by you.

You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent. This provision shall survive the termination of these Terms and remain in full force and effect.

User Rights

Under the Data Protection Legislation you may be entitled to the following rights:

• Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive”.

• Right to correct – the right to have your Personal Data rectified if it is inaccurate or incomplete

• Right to erase – the right to request that we delete or remove your Personal Data from our system

• Right to restrict our use of your Personal Data – the right to “block” us from using your Personal Data or limit the way in which we can use it.

• Right to data portability – the right to request that we move, copy or transfer your Personal Data

• Right to object – the right to object to our use of your Personal Data including where we use it for legitimate interests.

It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during the period for which we hold it.

Our Rights

We reserve the right at all times to edit, refuse to post, or to remove from the Website any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.

We reserve the right to suspend access to all or part of the Website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the Website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the Website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.

We reserve the right to update These Terms and our Privacy Policy and any other documentation referred to in any of these documents from time to time. If you do not agree to the changes made to These Terms then you have the right to stop using the Website, and should do so immediately. Your continued use of the Website after the date the changes have been posted will constitute acceptance of the amended terms.

Account, Password and Security

Certain products or services offered on or through our Website may require you to register an account with us. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.

You agree to notify Company immediately of any unauthorized access or use of your account or password, or any other breach of security.

You may not use anyone else’s login, password or account at any time without the express permission and consent of the holder of that account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Intellectual Property

The Company (or its licensors) shall retain all Intellectual Property rights in and to all of the Company’s business, information, technology and other proprietary materials, including but not limited to the Website and the products/services, (including but not limited to all software, concepts, methodologies, techniques, models, templates, algorithms, trade secrets, processes, information, materials, source codes, structure, sequence, organization, "look and feel", images, text, graphics, illustrations, data and know-how contained therein, all modifications, alterations, updates, upgrades, and enhancements thereof, all documentation and manuals related thereto and all other aspects of such technology or product) or any derivatives thereof, the name “TECHXO” or any derivatives thereof, and any other names and logos and all related product and service names, design marks and slogans, trademarks (whether registered or not) which are owned or controlled by the Company and made available to you through the Website or otherwise (“Intellectual Property”).

Except as specified herein, you do not acquire any rights, express or implied, in the Website, including all upgrades, modifications, new versions and releases and have no right to commercialize or transfer the Website, in whole or in part. No license, right or Intellectual Property Right in any Company’s trademark, trade name or service mark is granted pursuant to These Terms.

Disclaimer

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS WEBSITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

THIS WEBSITE, THE CONTENTS AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. IN NO EVENT SHALL THE COMPANY, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE, THE SITE CONTENT, ANY MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEBSITE OR THE CONTENTS, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES, SO SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THESE TERMS OR YOUR RIGHT TO USE THIS WEBSITE.

 

Warranty

COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), WITH RESPECT TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS. You expressly acknowledge and agree that any Services are provided on “as is” and “as available” basis, without warranty of any kind.

Company hereby EXPRESSLY disclaims any and all warranties and conditions with respect to any Services or products. Either express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement of third party rights.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, EXCEPT TO THE EXTENT PROHIBITED BY THE APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR SUPPORT OR THE CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH [APP NAME] AND COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS, ISSUES OR DEFECTS CAN OR WILL BE CORRECTED, OR (F) THE SERVICES THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. COMPANY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR (I) ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, (II) BY REASON OF A “FORCE MAJEURE” OR (III) ANY ACTS OR OMISSIONS DUE TO ANY OTHER CAUSES OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitation may not apply to you.

TO THE EXTENT THAT COMPANY MAY NOT AS A MATTER OF THE APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER THE APPLICABLE LAW.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Should Services or products prove defective, you assume the entire cost of all necessary servicing, repair or correction.

In particular, but without prejudice to the generality of the foregoing, no representation, warranty, assurance or undertaking is given as to the achievement or reasonableness of any future projections, services, management estimates, prospects or returns generated by the product. It is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or information provided. Reliance on these materials, information and opinions is solely at your own risk. The Company disclaims any liability for injury, damage or other consequence caused by or otherwise related (directly or indirectly) to any action or inaction you take based on the information and resources available through the services.

COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Third Party Materials and Links

The Website may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By accessing or using the Website, You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. The Company doesn’t warrant or endorse such Third Party Materials and the Company doesn’t assume, and will not have, any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, information, product or service.

The Company makes no representation that such services and Third Party Materials are appropriate or available for use on any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable law, including but not limited to applicable local laws.

Copyright

This website and its content are copyright of Techxo - © Techxo 2019. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

 

Trademark

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Abuse Policy

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Malware

Files suspected to contain malicious payload, or have wrongly been identified as a malware can be submitted to malware for analysis. All virus submissions must be compressed (or zipped) into an archive file, and password protected. The Messaging Security team will conduct analysis on submitted examples in a sandbox environment to determine whether any malicious payload is present.

Disclaimer Risk Management

We carry out risk analysis based on data and/or information submitted by you through the APIs and administrative platform, including your clients’ personal data and other data from all the system fundamentals, including risk policies.

You should be aware that by providing you with Techxo Services we act as a data processor and you act as a data controller in the meaning given by General Data Protection Regulation (GDPR). We process your data only to provide you the Techxo Services and only on documented instructions from you. You warrant that you obtain prior consent from your Clients to collect, use and process their personal data by Company.

You, as data controller, shall comply with all applicable data protection laws, rules and regulations. You should check if your privacy policy duly discloses your data practices, including using third-party service providers for detection and prevention of fraud.