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Exabyte Infotech Platform Terms of Service

USE OF WEBSITE AND SERVICES CONNECTED THEREWITH OR INCIDENTAL THERETO ARE SUBJECT TO THE FOLLOWING TERMS OF SERVICE. The following Agreement describes the terms and conditions on which Exabyte Infotech Pvt Ltd., a company duly incorporated under the Companies Act, 1956 having its registered office is at 15A, 4th Floor, A wing, City Vista, Fountain Road, Kharadi, Pune, Maharashtra 411014 ("Exabyte") you can access and use this website, namely www.exabyteinfotech.com (the "Website" or ‘Exabyte Website’ or the “Platform”).

Exabyte Legal Statement

USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (the "Agreement"). By accessing and otherwise using Exabyte Website on the World Wide Web, you agree to be bound by the terms and conditions set out in this Agreement. If you do not agree to these terms or wish to be bound by the Agreement, you may not use the Website. This Website does not provide data protection or privacy assurance consistent with GDPR as applicable within European Union, and therefore, if you are otherwise entitled to protection of data under GDPR, you are advised not to share any information on this website. If you violate this Agreement, Exabyte reserves the right to terminate your right to access the Website without notice. You agree that Exabyte and its licensors or suppliers may make improvements and/or changes in the products, software programs or services described in this Website, at any time without notice and without liability to you under any theory of law, and further agree that Exabyte can, at any time, modify, alter, or update this Agreement without notice to you and without liability. Your continued use of the Website following posting of changes to this Agreement will mean your acceptance and agreement to be bound by the updated terms of use of this Website. We recommend that you check this Legal Statement at least once in every calendar quarter for updates to this Agreement. In this Agreement, "we", "us", or "our" refers to Exabyte and "you", “Customer” or "your" refers to the natural person or other legal entity (and its representatives) that accesses this Website. By accessing and using the Website in any manner, you are agreeing to be bound by all of the terms and conditions in this Agreement, and all revisions. Exabyte may amend this Agreement at any time by posting the amended terms. Continued use of the Website after changes are posted constitutes your acceptance of such revised terms. Except as stated below, all amended terms shall automatically be effective thirty (30) days after they are posted by Exabyte. You agree to review this Agreement from time to time so that you are aware of any amendments. By completing the registration process (if any) to be eligible to transact on this Website and by using the Website you represent and warrant, that if registering and / or transacting on behalf of another entity, you have the necessary authority to bind that entity to this Agreement. Description of Website Exabyte provides (or may provide) technology services and solution via this Website for use of Exabyte’ customers and potential customers. Your relationship with Exabyte shall be governed by these terms and conditions between you and Exabyte, in addition to any other agreement you may sign off (or may have previously entered into) with Exabyte. Exabyte is Only a Facilitator Exabyte may sometimes acts as a venue facilitating communication and submission of offers / queries to Exabyte. However, Exabyte may or may not be involved in the actual Transactions between Customers and Exabyte Suppliers. Exabyte does not endorse, warrant, or guarantee quality or accuracy of information made available on this Website.

Customer Information.

You grant to Exabyte’s representatives (including also third parties hired by Exabyte for the purpose) the right to independently verify any information that you post on the Website about yourself. You agree not to impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software, information or other material. Customer Obligations Regarding Passwords. You may not disclose to, or share your password with any third parties or use your password for any purposes not specifically authorised under this Agreement. You agree that you will take all reasonable steps to ensure that any information posted under your name and using your password is from you. You are responsible for all Transactions and obligations undertaken by you (or any other person) that are identified or validated with your password. Customer Obligations Regarding Conduct and Information. You are solely responsible for the content of your transmissions through the Website. You understand that Exabyte and/or Exabyte has the right to terminate your right to access the Website for any reason that Exabyte and/or Exabyte interprets in its sole discretion as an abuse of the Website. As a Customer of Exabyte you agree:

1. to comply with all laws, rules, statutes, ordinances and other regulations applicable to your use of the Website;

2. not to use the Website for illegal purposes;

3. not to interfere or disrupt networks connected to the Website;

4. not to attempt to gain unauthorised access to other computer systems by use of the Website;

5. not to interfere with another Customer's use and enjoyment of the Website;

6. not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website;

7. not to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

8. not to post, transmit or otherwise make available through the Website any false, offensive, obscene, libellous, defamatory, threatening, inaccurate or misleading information;

9. not to post, transmit or otherwise make available through the Website any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features; and

10. not to take any action that, in Exabyte's sole determination, imposes an unreasonable or disproportionately large load on Exabyte's computer or server infrastructure. Verification of Information. If and when an online order process is initiated through this Platform, the Customer agrees to provide full, complete and accurate information when registering for the payment processing. Customer must not register under an alias or under another person's name or address. Customer authorises Exabyte and / or its Bankers to obtain, from time to time, a credit report or other information from credit bureaus and other Bank / Credit Card databases to confirm Customer's identity and other registration information.

Cancellation; Liability.

Exabyte and / or its Bankers reserves the right in their independent sole discretion to refuse to process a particular payment transaction or to not provide payment processing to a particular Customer. Exabyte shall have no liability if Exabyte is unable to process a payment for any reason outside of the control of Exabyte, including any law, regulation or order of a governmental authority, the failure of any payment or computer system or causes generally falling with force majeure.

GENERAL TERMS

Modifications. If directed by Exabyte, Exabyte may (i) modify, suspend or discontinue the Platform (or any part thereof) at any time with or without notice; (ii) refuse to provide the Platform to anyone at any time, at its sole discretion. Exabyte shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Platform.

No Resale of Service.

Your lawfully acquired right to use the Website (or any information contained in the Platform) is personal to you, and you agree not to resell the use of the Website, any downloadable software or other materials, or any information obtained by you from accessing the Website without the express written consent of Exabyte.

Submission of Opinions.

Each Customer agrees that Exabyte may freely use any information you provide in any media ("Information") in connection with your submission of subscription to our informative soft periodicals / opinions (each, a "Transaction") to Exabyte through the Website. You agree that your Transaction shall be governed by all applicable legislation, inter alia, the applicable rules, regulations, terms of offer posted on this website for the relevant Service and the Information Technology Act, 2000. You agree to use discretion while choosing an option to stay Signed in. When you sign in to your account on a Platform, we may give you the option to stay signed in for a certain period of time. If you are using a public or shared computer, we encourage you uncheck the option to stay signed in. If you fail to uncheck option to stay signed in, you or any other user of the computer/browser you signed in on, will be able to view and access, read, change, record or copy several (if not all) parts of your account and take certain specific actions during this signed in period without as though you expressly authorized such actions. The specific actions and account activities that you or any other user of this computer/browser may take include:  buy or make an offer on an item  Check out or add items to your cart  Purchase an item using default payment option / Faster Checkout (if enabled in your account)  View the activity header  View or edit the Watch List  View order details  Leave Feedback  View the profile page  Send member-to-member messages  Conduct after-sale activities, like leaving Feedback, canceling orders, requesting returns or submitting claims

Links to Other Sites.

The Website may contain links to third party web sites maintained by others. Exabyte is not responsible for the content of linked third party sites and does not make any representations regarding the contents or accuracy of materials on such sites. If you decide to access linked third party web sites, you do so in your own discretion and at your own risk.

Breach; Termination.

Without limiting any other rights or remedies, Exabyte may, at any time at our sole discretion with or without notice to you, immediately issue a warning, temporarily suspend, indefinitely suspend or refuse to provide the Website to you: (1) for non-compliance with any of the terms of this Agreement; (2) if Exabyte is unable to verify or authenticate any information you provide; or (3) if so directed by Exabyte.

Disputes.

In the event that a dispute arises between a Customer and Exabyte, Customer agrees that they will seek to resolve the matter with Exabyte and will not involve Exabyte in any dispute or litigation. Exabyte shall not be a party to, and shall not be involved in or responsible for, any such dispute. Exabyte is under no obligation to refund, reverse or cancel a payment that it has previously been processed, as a result of any dispute between a Customer and Exabyte. If named in a lawsuit, Exabyte reserves the right to raise any and all remedies and defences deemed appropriate. Unless you have a cause of action originating from a criminal act or omission by a Representative (defined below), you hereby release Exabyte’s officers, directors, representatives and employees (collectively, “Representatives” and each a Representative) from all claims and demands of every kind and nature, arising out of or in any way connected with such disputes, and you hereby waive all damages (actual, consequential, and punitive) arising from any claim or demand against Representatives. Subject otherwise to terms of this Agreement, your legal remedies can be invoked against Exabyte only in case of deliberate breach of any terms hereof by Exabyte.

No Warranty.

YOU EXPRESSLY AGREE THAT USE OF THIS PLATFORM IS VOLUNTARY ON YOUR PART, WITHOUT ANY INSISTENCE ON THE PART OF EXABYTE. THE SERVICE / INFORMATIOIN IS PROVIDED ON AN "AS IS" BASIS. EXABYTE ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS & LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER EXABYTE NOR ITS SUPPLIERS MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EXABYTE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY SERVICE, OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS PURELY VOLUNTARY AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Limitation of Liability.

IN NO EVENT SHALL EXABYTE OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR UNAVAILABILITY FOR USE, THE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL ETC., EVEN IF EXABYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXABYTE'S AND ITS LICENSORS CUMULATIVE AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY SHALL REMAIN LIMITED TO Rs.1000 (INDIAN RUPEES ONE THOUSAND) FOR ANY CAUSE(S) OF ACTION.

Indemnification.

You agree to be responsible for, and indemnify and hold harmless Exabyte and their affiliates, agents, officers, directors, employees and representatives from and against all costs, expenses (including reasonable attorneys' fees) and damages arising from any suit, claim, or proceeding regarding (1) any information or material that you post or otherwise make available to Exabyte or the Website and for any activity conducted under your password, with or without your permission; (2) your breach of this Agreement or the documents it incorporates by reference; (3) your violation of any law or the rights of a third party applicable to this Agreement, or (4) any claims against Exabyte arising from any dispute between you and Exabyte.

Intellectual Property.

The Website and the materials used and displayed therein including but not limited to text, software, graphics, illustrations, artwork, names, logos, trademarks, and service marks, are the property of Exabyte, its affiliates, licensors or their respective suppliers and are protected by copyright, trademark, and other applicable laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the written permission of Exabyte or the party owning such materials. Exabyte and Exabyte logo, and other names, logos, icons and marks identifying Exabyte's products and services are trademarks of Exabyte and may not be used without the prior written permission of Exabyte. Certain exceptions in respect of copy-left Content are specified in Clause titled “COPYRIGHT, LICENSES AND IDEA SUBMISSIONS”.

Independent Contractors.

Both Exabyte and yourself are independent contractors and no partnership, joint venture relationship is created by this Agreement. You assume complete responsibility for obligations under applicable laws with respect to your purely voluntary enjoyment of the contents of this Platform.

Recommendations or Queries.

Your queries for products / services should be sent in writing to Exabyte at sales@exabyteinfotech.com

Arbitration.

Any dispute, controversy or claim between you and Exabyte arising out of or relating to this Agreement or our Website shall be settled by binding arbitration heard by a single arbitrator in accordance with the Rules of the Mumbai International Arbitration Centre. The arbitration shall be conducted in Pune, and judgement on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Exabyte may seek any interim or preliminary relief from a court of competent jurisdiction in Pune, necessary to protect the rights or property of you or Exabyte pending the completion of arbitration. By accepting these terms, you hereby freely and willingly submit to the jurisdiction of the courts of Pune.

Miscellaneous.

This Agreement shall be governed in all respects by the laws of the India applicable to agreements made and to be performed in India without regard to the choice or conflict of law provisions of any jurisdiction. Neither Exabyte nor its licensors guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights or obligations hereunder without Exabyte's prior written consent, and any attempt to the contrary is void. Exabyte may freely assign this Agreement. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon each party's successor's and assigns. COPYRIGHT, LICENSES AND IDEA SUBMISSIONS All content included on the Website, such as text, graphics, logos, button icons, images, audio and/or video materials, HTML and software code, algorithms, codes and libraries, etc. and the arrangement thereof (collectively, the "Content"), is the property of Exabyte or its content suppliers, and protected by Indian and international copyright laws. Notwithstanding the foregoing, some of the Content visible or available on the Website may belong to third parties / organizations who may claim moral rights to such Content, and not necessarily claim copyright – some of such Content is governed by licenses terms such as GNU GPL or similar licenses, as the case may be, and for the sake of convenience, we refer to such Content as “Copy-left Content”. Except as otherwise noted on the Website, and subject to the terms and conditions detailed herein, you are hereby authorised to view, download, temporarily cache, copy and print the Content solely for your personal use and not for modification, resale or further distribution (except as otherwise permitted under the then-current license terms governing each specific Copy-left Content, if any). You agree not to change or delete any proprietary notices from materials downloaded from the Website. No other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content is allowed without the express written permission of Exabyte. If you submit with Exabyte any concept, Content or idea (collectively, an “Idea”), you hereby grant Exabyte a worldwide, royalty-free license to use, reproduce, integrate, commercially exploit the Idea, except where you specifically submit with Exabyte a written notice to the contrary along with submission of an Idea. MISCELLANEOUS This Agreement shall all be governed and construed in accordance with the laws of India applicable to agreements made and to be performed in India without regard to the choice or conflict of law provisions of any jurisdiction. By accepting these Terms, you hereby freely and willingly submit to the jurisdiction of the courts of Mumbai. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of Exabyte to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Exabyte in writing. This Agreement comprises the entire agreement between you and Exabyte regarding its subject matter and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Exabyte may assign its rights and duties under this Agreement to any party at any time without notice to you. COOKIES: We use cookies to store unique, random user IDs that we generate for administrative purposes. These cookies enable you to use the Website without having to log on each time and to deliver content specific to your interest. We do not store passwords or any personally identifiable information about you in the cookies. Terms of this Agreement, read with relevant Privacy Polices and terms of End User License Agreement(s) shall form an entire agreement with respect to subject matter of relevant Service or set of Services availed / opted to be availed between the Parties hereto, and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. All such terms, as far as possible, by read and construed harmoniously and not contradictory to one another. This Agreement, the Privacy Policy and the relevant EULA(s) shall collectively be referred to as the “Contracting Documents”. Terms in your purchase orders, offer letters or other communications to Exabyte, if conflict with the terms of Contracting Documents, shall not applicable on Exabyte (unless Exabyte issues a specific consent to such conflicting terms in each instance, outlining the ‘priority of terms’ (or the order and the extent up to which the conflicting terms shall take precedence over the Contracting Documents) in each approval).

*** End of Exabyte Terms of Service ***


Exabyte Infotech Private Limited