WEBSITE TERMS OF USE
Last Updated on: 12 June 2024
These Terms of Use govern Your use and access of this Website. Please read these Website terms of use carefully before using this Website. By accessing or using the Website, You and the entity You are authorised to represent (hereinafter 'You' or 'Your') signify Your agreement to be bound by the terms of use and to enter into a binding agreement with Xflow Payments India Private Limited and its affiliates (‘Xflow’).
For the purpose of these Terms of Use, wherever the context so requires "You" shall mean any natural or legal person who accesses or uses the Website. The term "We", "Us", "Our" shall mean Xflow.
Scope of these Terms of Use
These Terms of Use govern Your use of the Website and all applications, software and services available via the Website, except to the extent that such services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain services and other items provided to You via the Website.
Eligibility
The Website is provided by Xflow and available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law. If You do not qualify, You are not permitted to use the Website.
Modifications
Xflow may revise and update these Terms of Use at any time. It is Your responsibility to review these Terms of Use periodically for updates or changes. Your continued usage of the Website after any changes to these Terms of Use will be deemed as acceptance of such changes.
Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of Xflow.
License and Ownership
This Website is controlled and operated by Xflow and the products listed on the Website are owned by Us. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of Xflow.
Xflow hereby grants You a limited, personal, non-transferable, non-sublicensable, revocable licence to access and use the Website, content and services only in the manner contemplated herein. Except for this limited license, Xflow does not convey any interest in or to, the Website or content or services.
Access to and/or use of the Website does not confer and should not be considered as conferring upon anyone any license to Xflow’s or any third party’s intellectual property rights. Without the prior written consent of Xflow, no part of the Website, materials, or contents may be reverse-engineered, modified, reproduced, distributed, republished, translated into any other language, or re-transmitted in any form, or otherwise used.
Restrictions on use of the Website
- You must not publish or post any content on the Website, that:
a. belongs to another person to which You do not have any right;
b. is defamatory, pornographic, obscene, pedophilic, invasive of the privacy of others, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating to or encouraging money laundering or gambling or otherwise inconsistent with applicable law;
c. is harmful to children;
d. infringes the intellectual and proprietary rights of someone else including their copyright, trademarks and patents; deceives or misleads the addressee regarding the origin of the message or information which is patently false or misleading but may reasonably - be perceived as a fact;
e. impersonates another person;
f. threatens the unity, integrity, defence, security or sovereignty of any country, friendly relations with foreign States, or public order, or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting other nation(s);
g. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
h. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or
i. violates any law for the time being in force. - You must not:
a. violate any code of conduct, policies, or other guidelines which may be applicable to any portion of the Website;
b. attempt to gain unauthorized access to any part or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;
c. reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website;
d. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Xflow or its affiliate’s systems or networks, or any systems or networks connected to Xflow or its affiliates;
e. probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website;
f. use the Website for any unlawful purpose;
g. copy, modify, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and, whether directly or indirectly, and You must not assist any other person to do so;
h. do anything that may impair the performance or any functionality of the Website or the servers on which the Website resides; or
i. access or attempt to access any content available on the Website by any means other than through the interface that is provided by Us. - You may use information on the products and services purposely made available on the Website, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Third-Party Content
It is possible that third parties (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. Please be advised that any content posted does not reflect Xflow’s views. Xflow shall not have any responsibility or liability for any third-party content posted on the Website or for any claims, damages or losses resulting from thr use of such content and/or the appearance of such content on the Website.
Xflow shall have the right to remove any material or content from the Website without any prior notice.
Disclaimer of Warranties and Limitation of Liability
(i) This Website, all the materials and, products and services, included on or otherwise made available to You through this Website are provided on an "as is" and "as available" basis.
(ii) Xflow makes no guarantee as to the availability, quality, or service levels and does not promise uninterrupted access to the Website or services.
(iii) Xflow is not responsible for any delays, disruptions, or service failures, or any other loss or damage resulting from the transfer of data over telecommunications networks and facilities, including the internet, and You acknowledge that the use of the Website or the services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.
(iv) Xflow shall not be liable for any disruptions, losses, damages, or costs that You may suffer arising out of or relating to (a) hacking, tampering, or other security incidents resulting in unauthorized access to Your Account or data; or (b) bugs, viruses, or other harmful code that may be transmitted to or through the Website or services.
(v) Xflow hereby excludes all warranties, conditions, terms, obligations, undertakings and representations, whether in each case express or implied by statute, common law, custom, trade usage, course of dealing or otherwise (including but not limited to implied undertakings of satisfactory quality and reasonable fitness for purpose) to the fullest extent permissible by applicable laws.
(vi) We make no representations or warranties concerning the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the Website. No information obtained by You from the Website shall create any warranty not expressly stated by Xflow in writing.
(vii) You agree that the use of the Website is at Your own risk and that You will not hold Us responsible for any Content that may be deemed offensive, indecent, or objectionable to You.
Indemnity
You shall indemnify and hold harmless Xflow, its affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand or actions, including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Use, and Your violation of any applicable law, rules or regulations, or the rights (including infringement of intellectual property rights) of a third party.
Governing Laws
The Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Bangalore shall have exclusive jurisdiction over any disputes arising under these Terms of Use.
Trademarks
The following trade names/trademarks indicated on the Website are Our trade names / trademarks. These trademarks and trade names may not be used in connection with any product or service that is not Ours in any manner that is likely to cause confusion among the public or in any manner that disparages or discredits Us, or the Website. All other trademarks not owned by Us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us:
Xflow respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Xflow: legal@xflowpay.com
Privacy Notice
When You browse our Website or use our services, We may collect personal data from You. Our use of any personal data provided to Us or collected by Us will be in accordance with our Privacy Policy.
Contact Us
Please contact Us at support@xflowpay.com for any questions or comments (including any inquiries unrelated to copyright infringement) regarding this Website.
Electronic Record
This document is an electronic record under the Information Technology Act, 2000.