Terms of Use

This document is an electronic contract between Exadata.in, and you, under the provisions of the Information Technology Act, 2000 and the relevant Rules framed thereunder.

These Terms of Service govern your use of the websites, content and community services offered through www.exadata.in or Exadata.in (“Site”). You (the user) agree to access “the site”, subject to the terms and conditions of use as set out here.

Exadata.in may add to or change or update these Terms of Service, from time to time entirely at its own discretion. You are responsible for checking these Terms of Service periodically to remain in compliance with these terms. Your use of the Site after any amendment to the Terms of Service shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

All rights reserved

Exadata.in reserves the right to suspend / cancel, or discontinue any or all channels, products or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice. Such changes will be posted to www.exadata.in for your reference and convenience so as to enable you to understand your responsibility as a user.

No unlawful or prohibited use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Exadata.in’s server, or the network(s) connected to any Exadata.in server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Material Posted/transmitted at Exadata.in’s Site

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content is originated (the Originator). By Posting any material which contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Service and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Service, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Service, including, by way of limitation, the distribution, public display and reproduction of such Images.

You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify Exadata.in or its affiliates for all claims arising out of any content that you post on the Site.

Exadata.in accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the licensed property of Exadata.in and you hereby grant to Exadata.in and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.

Limitations of Liabilities

Any transactions relating to sale/purchase of goods or services not directly offered by Exadata.in are to be settled inter-se between the parties to such transaction and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by Exadata. exadata.inmerely endeavors to provide a platform where you and other party may interact, exchange information or carry out sale/purchase transactions on such terms and in the manner mutually agreed between you and the other party. exadata.indoes not have any involvement in the actual transactions between the buyers and sellers in any way. It is only you, who is entirely responsible for all the activities, arising out of the transactions of sale/purchase of goods or services offered by any other party and not Exadata. exadata.in will not be liable for any loss that you may incur, while selling or purchasing goods /services of the third party.

Under No circumstances will exadata.in be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or any infringement of another’s rights, including intellectual property rights. You specifically agree that exadata.in is not responsible for any content sent using and/or included in Exadata’s site/service by any third party.

Termination of Account

Exadata.in reserves its right to refuse service, restrict, suspend, terminate your account; (Terminate this Agreement; Terminate or suspend your access to the Exadata.in ’s Web Sites; Refuse, move or remove for any reason any Content / Image that you submit on or through the Services; Refuse, move, or remove any Content / Image that is available on or through the Services; Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of the Services) at any time and, remove or edit contents or cancel orders (entered by you) in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Service. Upon such termination or suspension, your right to use the Exadata’s Web Sites will immediately cease.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this website. You agree to not use any product or the service available on a Site to:

• (a) Upload, post, email, transmit or otherwise make available any content that is unlawful, illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. This includes text, graphics, video, programs or audio.
• (b) Upload, post, email, transmit or otherwise make available any viruses, trojan horses, time bombs, or any other harmful programs or elements.
• (c) Harm minors in any way.
• (d) Engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
• (e) Impersonate any person or entity, including, but not limited to, Exadata’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• (f) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
• (g) Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks.
• (h) Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• (i) Upload, post, email, transmit or otherwise make available any content with the intention of committing or promoting an illegal act.
• (j) Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, privacy rights, rights of publicity, or other proprietary rights (“Rights”) of any party.
• (k) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” duplicative messages or any other form of solicitation.

No Controlling Spam Policy or Unsolicited E-mails

You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). We may terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms. We will be sending third party mailers occasionally on your email Ids submitted to us. If you are not interested in receiving it in future, you shall need to unsubscribe from the email database.

Disclaimer of Warranties and Liability

All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site. The information from or through this site is provided on “AS IS” basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.

Exadata.in and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Exadata’s sites/services, with the delay or inability to use the Exadata’s sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Exadata.in sites/services, or otherwise arising out of the use of the Exadata.in sites/services) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made by Exadata.in as to the

• (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
• (b) that the service will be uninterrupted, timely, secure, or error-free
• (c)the quality of any products, services, content, information, or other material purchased or obtained from the website will meet your expectations or requirements or
• (d)any errors in the website will be corrected.

Links to Other Sites

Certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain Exadata’s-logo, please understand that it is independent from Exadata, over whom Exadata.in has no control or connection, business or otherwise as these sites are external to Exadata. You agree and understand that by visiting such sites you are beyond the Exadata’s website. Exadata.in , therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these site(s), as the same is provided on “as is” without warranty of any kind. Exadata.in gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. Exadata.in shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.

Material Submitted by Users

Certain elements of the Site will contain material submitted by users. Exadata.in accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless Exadata.in against all third party claims, demands and actions brought against Exadata.in which arises from or relates to the material submitted by you.

Advertising Material

Part of the Site contains advertising information or promotion material or other material submitted to Exadata.in by third parties. Responsibility for ensuring that material submitted for inclusion on Site complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Exadata.in found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Exadata.in will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Exadata.in advertisers on the Website. Exadata.in reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to these terms and conditions.

Data Protection

Exadata.in may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, Exadata.in reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Exadata. Further, Exadata.in can (and you authorize Exadata.in to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property rights owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

Relationship

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Exadata.in and you shall have no authority to bind Exadata.in in any manner, whatsoever.

Force Majeure

Exadata.in shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.

Indian Law

The Agreement shall be governed by the Laws of India. The Courts of law at Punjab shall have exclusive jurisdiction over any disputes arising under this agreement.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Right to remove inappropriate messages

We reserve the right to remove any messages we deem to be inappropriate, i.e, racist, sexist or threatening. Messages using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilized and respect the rights of others.

Limited time to bring your claim

You and Exadata.in agree that any cause of action arising out of or related to the Exadata’s web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.

Acceptance of Privacy Policy

By using Exadata’s sites and services, you signify your acceptance of the Company’s Privacy Policy as published on the Site. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of Exadata.in sites. We reserve the right, to modify the Privacy Policy at any time.

General Terms

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.

If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

Notice of Copyright Infringement

Exadata.in is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

• (a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
• (b) Identification of the copyrighted work claimed to have been infringed.
• (c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
• (d) The address, telephone number or e-mail address of the complaining party.
• (e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
• (f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
• All notices of copyright infringement should be sent to: info@exadata.in