Terms of use

The use of any product, service or feature (“Materials”) available on this website by any user of the website (referred to as “you” and “your”) shall be governed by the following Terms of Use.

This website is owned and provided by XM Software Solutions Private Limited (hereinafter referred to as ″XM Software ″, ″we″, “us” or “our”), a company incorporated under the Companies Act 1956 of India, having its registered office at Kochi, India and shall be used for informational purposes only.  By using the website or downloading the Materials from the website. You hereby agree to abide by the terms and conditions set forth in this Terms of Use.

This website, including all Materials present (excluding any applicable third party content), is the sole and exclusive property of XM Software. The website is protected by copyright and other applicable laws worldwide, through the application of local laws or international treaties. You hereby agree to comply with the applicable laws in your use of this website and to prevent any unauthorized copying of the Materials. Any unauthorized use, reproduction or modification of this website may violate such laws. XM Software does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.

Disclaimer of Warranty

This website, the information and Materials made available on the website, are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding third party content.  You expressly agree that use of the website is at your sole risk.

XM Software expressly disclaims any representation or warranty either express or implied, including, without limitation, that the website will be free from errors, viruses or other harmful components, that communications to or from the website will be secure and not intercepted, that the services and other capabilities offered from the website will be uninterrupted or error free, or that defects will be corrected, or that its content will be accurate, useful, complete or timely.

XM Software makes no warranty that the website will meet your requirements. Any material downloaded will be done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from the website or loss of data that results from the download of any such material.

Other than those warranties which, under the laws applicable to these terms, are implied by laws, and are incapable of exclusion, restriction or modification, XM Software expressly disclaims all warranties and conditions, including implied warranties, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law.

Limitation of Liability

In no event shall XM Software or any if its associates or affiliates be liable to any entity or individual  for any direct, indirect, incidental, special, exemplary, punitive or other consequential damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of , or the inability to use, the content, materials, and the functions of this website or any hyper linked website, even if XM Software is expressly advised of the possibility of such damages.

Indemnity

You  agree to indemnify, defend and hold harmless XM Software, (including its owners, employees) its subsidiaries and affiliates, partner websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by XM Software , its owners, employees partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the user(s) pursuant to this agreement, including without limitation of the foregoing, any action you take which is in violation of the terms and conditions of these Terms of Use and against any applicable law.

Privacy and Security

You hereby consent, express and agree that you have read and fully understood the contents of these Terms of Use and Privacy Policy as provided for in the website and are acceptable to you. XM Software grants you a, non-exclusive, non-transferable, limited privilege to access and use the website as long as you comply with these Terms of Use and Privacy Policy. You agree not to interrupt or attempt to interrupt the operation of the website in any manner. Unless otherwise specified, the website is for your personal and non-commercial use. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website. If you are dissatisfied with the website, its contents, Terms of Use and/or Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using the website.

Services and Content

Availability

XM Software will use reasonable commercial efforts to keep website available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. XM Software does not promise that access to the website will be uninterrupted or available at all times. XM Software assumes no liability or responsibility for any delay, interruption or downtime.

Content

Although XM Software makes every effort to ensure that the description and content on each page of the website is correct, it does not, however, take responsibility for changes that occur due to human, data entry errors or for any loss or damages suffered by any user due to any information contained herein.

Third Party Content

The provision of third party content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any securities or shares or to make any other type of investment or investment decision. You acknowledge that the third party content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by XM Software or the providers of the third party content as to its accuracy, completeness, timeliness.

By using any third party content, you may leave this website and be directed to an external website, or to a website maintained by an entity other than XM Software. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or any other destructive elements. XM Software makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that XM Software or this website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of XM Software or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of XM Software and XM Software is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. XM Software is not responsible for webcasting or any other form of transmission received from any linked site. XM Software is providing these links to you only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by XM Software in any manner of the website.

Intellectual Property

Trademarks

XM Software and all other marks that appear, are displayed, or used on the website are registered or common law trademarks or service marks of XM Software. These marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from XM Software. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without the written permission of XM Software. Your misuse of the trademarks displayed on the website is strictly prohibited and XM Software will aggressively enforce its trademark rights to the fullest extent of the law.

Your Comments and Submissions

Any “communications or materials” you transmit to XM Software, through the website, by electronic mail or otherwise, including any data, question, comments, suggestion, idea, or the like will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the website any communications or materials, you grant XM Software, and all users of the website, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such communications or materials in any form, media or technology. We assume no responsibility for any communications or materials posted or submitted, or for the return or such communications or materials.

Terms and Conditions

The website (link) is offered to you on the condition that you accept, without modification the terms, conditions, disclaimers, Privacy Policy’s contained herein. Your use of the website constitutes your consent to all such disclaimers, Privacy Policy’s and other terms & conditions.

XM Software has no obligation to monitor any type of access and use of the website. However, XM Software reserves the right to review materials posted and to remove any materials in its sole discretion. XM Software also reserves the right, in its sole discretion, to terminate the users’ access to any or all of the services provided (if any), at any time without notice and for any reason whatsoever.

XM Software reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in XM Software’s sole discretion.

Restrictions on Use

You are authorized to view, copy and print the materials appearing on this website, subject to the following:
  1. You may not copy, distribute, modify, transmit, reuse, repost or otherwise display the website content for public or commercial purposes, without the express written consent of the XM Software Legal Department authorizing use for such purpose(s).
  2. Any copy of these materials or any portion thereof must include the copyright notice.
  3. You agree that you will not use this website to violate any laws, or conduct any other activity that gives rise to some liability or otherwise harm the goodwill associated with our trademarks.
  4. The materials may be used for internal informational and non-commercial purposes only.
  5. You may not use this website or any related services for any purpose that is unlawful or prohibited by this Agreement.
  6. You will not use the website or related services for chain letters, junk mail, spamming or to engage in illegal activities.
  7. You may not use any device, software or action, including but not limited to, bots, spiders, viruses, worms or time bombs, designed to damage or otherwise interfere with the website or to intercept or expropriate any system, data or personal information contained at the website.


Modifications of Terms of Use

Any use of this website provided by XM Software Solutions is subject to these Terms of Use. XM Software reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Term of Use in whole or in part, at any time with or without giving notice. We request you to regularly review these terms and conditions.

Contact Information

If you have any questions or concerns about these terms or if you need further assistance with respect to access to or use of the website or the services offered by XM Software, you may contact us at:

XM Software Solutions Pvt Ltd,
Hallmark Towers
5th Floor
Plot No. 35 (SP),
Thiru–Vi–Ka Industrial Estate, Guindy,
Chennai- 600032.
Tel: 044-39960000

Law and Enforcement

XM Software controls and operates this website and makes no representation that the website is appropriate or available for use from other locations. If you use the website from other locations, you are responsible for compliance with applicable local laws.

These Terms of Use shall be governed by the laws of India, without giving effect to its conflicts of law principles. You agree that the appropriate court(s) in Kochi, India will have the exclusive jurisdiction to resolve all disputes or claims arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms of Use or the Privacy Policy.

These Terms of Use constitutes the entire agreement between Software and you with respect to your use of the Website. Any claim you may have with respect to your use of the website must be commenced within one (1) year of the cause of action. If any provision(s) of this Terms of Use is held by a court of competent jurisdiction to be contrary to law then such provision(s) shall be severed from this Terms of Use and the other remaining provisions of this Terms of Use shall remain in full force and effect.