Terms of Use

Overview

 ‘Xcelacads’ (hereinafter referred to as the "firm", "we", or "us") is a proprietorship firm, having its office at Plot No. 72A/301, Sindhi Society, Chembur, Mumbai – 400071, Maharashtra, India.

Xcelacads is the oral licensed owner of the Site www.xcelacads.com from the owner of the domain name. Access to and use of the Site is subject to these terms and conditions of use (“Terms of Use”). The Firm develops, manages and operates the Site. The Firm provides an opportunity to the User (as defined below) to access and avail services offered on the Website subject to the User signing-up and after carefully reading and accepting to abide by the Terms of Service, and the Privacy Policy. By continuing to use the website the User confirms that he/she had read, understood and agrees to these Terms of Use, Privacy Policy and other Terms and Conditions including any amendments thereof from to time. The User also confirms that he/she is eligible and competent to enter into such agreement with the Firm. In case, the User disagrees or if any of the Terms of Use, Privacy Policy and disclaimers is not acceptable to the User, the User is free to not, register and avail the service from the Website.

  1. “Site” shall include any information or services made available by Xcelacads, regardless of the medium, and shall include, without limitation any affiliated websites, mobile applications, videos, products, and applications we make available. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Site, or any part of the Site, with or without notice
  2. We make no claims that the Site or any of its content is accessible or appropriate outside of India. If you access the Site from outside India, you do so on your own initiative and are responsible for compliance with local laws and regulations.

Definitions

  1. "Website" means the website hosted as 'www.xcelacads.com’ which is developed, managed and operated by the Firm.
  2. "Laws" means all laws, ordinance, statutes, rules, orders, decrees, injunctions, licences, permits, approvals, authorisations, consents, waivers, privileges, agreements and regulations of any governmental authority having jurisdiction over the relevant matter as such which are in effect as of the date hereof or as may be amended, modified, enacted or revoked from time to time hereafter.
  3. "Privacy Policy" means the privacy policy published on the Website.
  4. "Terms of Use" shall mean these terms and conditions set out herein regarding the use of the Website by the User.
  5. "User" means any person who uses the website, includes any person who avails any services or facilities offered through the Website.

Terms of Use

By agreeing to the Terms of Use set out herein, the User:

  1. agrees to provide all the necessary information and documents to the Firm: (i) at the time of registration; (ii) as and when required by applicable law; and (iii) whenever there is any change in earlier provided information by the User.
  2. confirms that all details provided by him/her are true and correct and he/she will produce any documents/undertaking as may be required by the Firm for verification. The user agrees to notify any updations to the details provided to the Firm, from time to time.
  3. agrees that the Firm may appoint service providers to carry out its obligations under these terms of use.
  4. agrees to keep his log-in credentials confidential, safe, and secured. Any loss or damage incurred by the User due to unauthorised usage of his/her ID/password shall be borne by the User and the Firm shall not be responsible in any way.
  5. USER AGREES THAT ACCOUNT MADE IN THEIR NAME SHALL BE SOLELY AVAILABLE FOR USE BY ONLY A VALID USER AND THE USER UNDERTAKES THAT HE/SHE WILL NOT SHARE, BROADCAST OR TRANSMIT ANY DETAILS AVAILABLE TO THE USER THROUGH THE PLATFORM TO ANYONE.  
  6. agrees that the Firm may collect Personal Information of the User (as defined under Information Technology Act, 2000 read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011) and the Firm may use such information for providing appropriate services/products to the Users.
  7. agrees that the Firm may engage with third parties, to promote the Website or products and services, through its Website. However, such third parties shall in no way be responsible for rendering of services/products (which are provided by the Firm).
  8. authorizes the Firm/associates/vendors/business partners to record conversations with him/her for any purpose not limited to quality control, record retention however we will keep such records confidential.
  9. authorizes the Firm to share Personal Information/and/or transactional data with associates/vendors/business partners for promoting/offering their product and services.

Disclaimer

Xcelacads inter alia provides services relating to a platform for dissemination of educational content to its User. However, the information available through the Site to any Unsubscribed User is provided solely for informational purposes on an “as is” basis at user’s sole risk. Xcelacads makes no guarantees as to the accurateness, quality, or completeness of the information and Xcelacads shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any Unsubscribed User’s reliance on the information. User is solely responsible for verifying the information as being appropriate for user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific questions a user may have. Xcelacads is not endorsed by or affiliated with regulatory authority, agency, or association.

Our Right to Modify These Terms of Use

We reserve the right to change these Terms of Use at any time. You should check this page regularly. The changes will appear on the Site and will be effective when we post the changes. Your continued use of the Site means you agree to and accept the changes.

Our Privacy Policy

Our Privacy Policy contains further information about how data is collected, used, and made available on or by our Site.

Xcelacads Intellectual Property

  • Your Limited License to our Intellectual Property

The materials used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks, and service marks, are the property of Xcelacads or its affiliates or licensors and are protected by copyright, trademark, and other laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the prior written permission of Xcelacads. Xcelacads grants you a personal, non-exclusive, non-transferable, revocable license to use the Site and any materials on the site for non-commercial purposes subject to these Terms of Use.

  • Xcelacads Trademarks and Logos

The terms Xcelacads, www.xcelacads.com, and other Xcelacads trademarks and services marks, and associated logos and all related names, logos, product and service names, designs, and slogans are trademarks of Xcelacads or its affiliates or licensors. You shall not use such marks without the prior written permission of Xcelacads. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

Reliance on Information on Site

We have no obligation to, and you should not expect us to, review content on our Site, including User Contributions (defined below) or contributions by our independent contributors.

About our Contributors

     Xcelacads seeks out content providers in particular subject matters as independent contractor contributors to the Site. Xcelacads does not represent or guarantee that any contributor has any expertise or knowledge or has any specific qualifications or credentials, without limitation, as to the subject matter to which their contributions relate. To the extent we refer to each of these contributors as an expert, you must understand we rely on the information they provide us and we are not obligated to independently verify or attempt to confirm any information they provide, nor their qualifications or credentials. Xcelacads also is not obligated to monitor or independently research or verify any content they contribute. Contributors, even if characterized as an expert, are not employees of Xcelacads or its affiliates and Xcelacads cannot and do not represent or warrant the accuracy, completeness or truthfulness of the qualifications or credentials of any contributor, nor of any other users of the Site.

Prohibited Uses of the Site

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  1. In any way that violates any applicable central, state, local, or international law or regulation.
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  3. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  4. To impersonate or attempt to impersonate Xcelacads, an Xcelacads employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  5. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Xcelacads or users of the Site or expose them to liability.


Additionally, you agree not to:

  1. "Scrape" or disaggregate data from the Site (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.
  2. Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  3. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  4. Otherwise, attempt to interfere with the proper working of the Site.

Content that You Make Available on the Site

  • User Contributions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.

If you voluntarily disclose personal information (e.g., user name, email address) on the Site, such as on a forum, chat room, or on any other user or member-generated pages, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  2. All of your User Contributions do and will comply with these Terms of Use.


You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Firm, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Monitoring and Enforcement, Termination

We have the right to:

  1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the content standards below, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Firm.
  3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  5. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Site.

YOU WAIVE AND HOLD HARMLESS THE FIRM AND ITS AFFILIATES, AGENTS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE FIRM/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Your Indemnification of Us

You agree to indemnify, defend and hold harmless Xcelacads, and its owners, employees, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account or these Terms of Use or any representations, warranties, and covenants contained in these Terms of Use. You shall cooperate fully and reasonably in the defence of any such claim. Xcelacads reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

Warranty Disclaimer

THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE. THE INFORMATION, FACTS, AND OPINIONS PROVIDED ARE NO SUBSTITUTE FOR PROFESSIONAL ADVICE.

Liability Disclaimer

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER, XCELACADS NOR ANY OF ITS AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE AND THE INFORMATION AVAILABLE ON THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST XCELACADS’S AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE THEREON.

Third-Party Links, Advertisements, Site, and Content

We do not review or monitor any websites, advertisements, or other media linked to or available through the Site and are not responsible for the content of any such third-party advertisements or linked websites. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing, product quality, and other information necessary to make an informed purchase. Neither Xcelacads nor any of its subsidiaries, divisions, affiliates, agents, representatives, or licensors shall have any liability arising from your purchases of third party products or services based upon the information provided on the Site, and we shall not receive or review complaints regarding such purchases.

Disputes

These Terms of Use and any disputes arising out of or related to the Site shall be governed by, and construed and enforced in accordance with, the laws of India (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in Mumbai, Maharashtra.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM WILL BE DEEMED TO BE PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.

Waiver and everability

No waiver by Xcelacads of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Xcelacads to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you i.e. the User and Xcelacads with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

How to Contact Us

This Site is owned and operated by Xcelacads,  Plot No. 72A/301, Sindhi Society, Chembur, Mumbai – 400071, Maharashtra, India.

All the feedback, comments, requests for technical support, and other communications relating to the Site should be directed to info@xcelacads.com.

Thank you for visiting xcelacads.com!