Purpose
This “TERMS OF SERVICE” is a legally binding agreement between you (individually or on behalf of your company, institution, organization or other entity, hereinafter will be referred as “you” or “your”) and EXPORTICO LLP. whose registered address is A304 Shyamal Kunj 2, Bh. Speedwell Party Plot, Mota Mava, Rajkot 360005, (GUJARAT) INDIA. Being a Party to this Agreement means that you as an individual as well as your company uses this Web Site (exportico.in, “the Site”) in any way, including using, viewing, transmitting, downloading, or uploading any of the services or functionality (the “Service”) made available or enabled via the Site by Exportico LLP or merely browsing the Site, you agree to these Terms of Service.
You may not accept these Terms of Service or use the Service if you are not of legal age to be legally bound by a contract under any applicable law or you are prohibited by any applicable law to receive the Service.
Except to the extent that EXPORTICO LLP is expressly precluded by applicable law, EXPORTICO LLP further reserves the right to make amendments to this Agreement, including but not limited to as needed to reflect changes in business practices or to reflect changes in or required by law or otherwise. You will be responsible for reviewing and becoming familiar with any and all such changes. If You continue to use this Website or any services, You shall be deemed to have accepted any and all such changes.
Definitions
“Content” means, without limitation, any and/or all ideas, plans, concepts, information, sketches, inventions, prototypes, models, data, software code, software binaries, results, designs, diagrams, processes, algorithms, works of authorship, know-how, textual entries, logos, trademarks, texts, files, documents, presentations, graphics, vectors, photos, images, videos, audios, sounds, articles, posts, pages, links, feedback, inquiry and other tangible or intangible material or information, with or without patentable.
“Intellectual Property” means, any and/or all the “Content” described above including software, hardware, technologies, user interfaces, products, services displayed or used or made available to you on this website.
“Third Party Link” means any links provided, imported, uploaded or otherwise used by other web sites or services operated by third parties which are not under the control of Exportico LLP.
“Third Party Content” or “Third Party Product” or “Third Party Service” means any “Content” or product or service provided, imported, uploaded or otherwise used by other web sites or services operated by third parties which are not under the control of Exportico LLP.
“Customer Content” means any “Content” provided, imported, uploaded to, or otherwise used by you or on your behalf with the Services.
“Intellectual Property Rights” means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, and other proprietary rights of every kind and nature other than trademarks, service marks, trade dress, and similar rights; and (f) all registrations, applications, renewals, extensions, or reissues of the foregoing, in each case in any jurisdiction throughout the world.
“Law” or “Laws” means all statutes, regulations, proclamations, ordinances or by-laws as may be relevant to the Agreement, the Parties to this Agreement and the Agent and includes all statutes, regulations, proclamations, ordinances or by-laws issued under, varying, consolidating or replacing such statutes.
“User” or “Customer” or “Client” or “Buyer” or “Purchaser” means the who uses and/or purchases any or all products or services offered by Exportico LLP.
“Order Form” means the form evidencing the initial subscription for the Service and any subsequent order forms submitted either online or offline or in written form and specifying among other things like the number of products with/without description and other service contracted for, the billing date, payment terms, the applicable fees or amount and other charges as agreed to between the parties each order form to be incorporated into and become a part of these Terms.
Intellectual Property and Copyright Policy
Exportico LLP reserves all the rights and retains the copyright of all of its “Intellectual Properties” as described above. No reproduction of any part of this website may be used or sold or distributed or send for personal or commercial or social gain, nor shall it be modified or incorporated in any other work, publication or website, whether in hard copy or electronic format, including postings to any other website. Exportico LLP reserves all the other rights.
One may not, without the express written consent of Exportico LLP, copy or distribute or send or upload to any system/server or rent or use or reuse or alter or modify any/all the “Intellectual Property” of Exportico LLP. Doing so shall attract legal actions and charges.
Third Party Contents and Links
The Site may contain “Third Party Contents” and/or “Third Party Products” and/or “Third Party Services” and/or “Third Party Links”. Exportico LLP is not responsible for any of the contents or products or services provided, imported, uploaded or used by any third party web site or services. Exportico LLP provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.
Website or Product Store or Marketplace
You may use the Exportico LLP website or Product Store or Marketplace to browse and purchase products and services (collectively “Products”). Some of these Products may be offered by Exportico LLP, while others may be made available by third parties. You agree that Exportico LLP is not responsible for any Product that originates from a source other than Exportico LLP. You agree that you are solely responsible for, and that Exportico LLP has no responsibility to you or to any third party for, your use of the Exportico LLP Products and/or any third-party Products, any breach of your obligations under this Terms of Service and for the consequences, including without limitation, loss or damage of any kind which Exportico LLP may suffer as a result of such use or breach.
You agree that you are solely responsible for all fees associated with purchases you make for the products or services. Exportico LLP may make available to you various payment methods to facilitate the purchase of Products. You agree to abide by any relevant terms that govern the use of the particular payment processing method. Exportico LLP reserves the right to add or remove payment methods at its sole discretion.
In order to access certain services in the Exportico LLP website, You may be required to provide information, such as your name, address, and billing details. You agree that any such information you provide to Exportico LLP will always be accurate, correct and up to date.
Exportico LLP may permanently or temporarily stop providing all or a portion of the Product Store or Marketplace, or any Products or Services, to you, or to users generally, at Exportico LLP’s sole discretion, without prior notice to you. If Exportico LLP disables access to your account, you may be prevented from accessing the Exportico LLP’s website or Product Store or Marketplace, your account information and Products that are stored with your account.
You agree to use the Product Store or Marketplace only for purposes that are permitted by the Terms of Service and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all applicable import and export controls. By using the Exportico LLP Product Store or Marketplace, You represent and warrant that you are not prohibited from using or receiving imports or exports or services under India or US or other applicable Import and Export Laws. You agree to comply with all Local, State/Province, International Laws and Regulations regarding using or purchasing or selling the Products or Services.
You agree that you will not reproduce, duplicate, rent, copy, sell or distribute the Exportico LLP Product or Services. You specifically agree that you will not engage in any activity that interferes with or disrupts or attempt to disrupts, access or attempt to access any “Content” offered by Exportico LLP through any programs or any software codes or any software binaries or any automated means or any other means other than through the interface that is provided by Exportico LLP. You agree that you will not engage in any activity that interferes with or disrupts any servers, networks or websites operated by Exportico LLP or any third party.
You agree that Exportico LLP own all right, title and interest in and to the Exportico LLP Website and the Products or Services available through the Website, including without limitation all applicable Intellectual Property Rights in the Products or Services. “Intellectual Property Rights” means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide.
Limitation of Liability
Types of Damages: To the maximum extent permitted under applicable law, in no event shall Exportico LLP, or its suppliers, be liable to you for any special, indirect, incidental or consequential damages or any lost profits, including any such damages or costs due to loss of data, use or goodwill, personal or property damage resulting from or in connection with Exportico LLP hereunder or the use, misuse, or inability to use the Product or Service or other products or services hereunder, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if Exportico LLP has been notified of the likelihood of such damages. In no event shall Exportico LLP be liable for any kind of costs or loss or charges or penalties.
Termination
Termination by You: If you want to terminate your agreement with Exportico LLP, you may do so by (a) sending a written consent with authorized stamp and signed, wherever applicable, to both Exportico LLP’s official email address and official mailing address at any time; and (b) closing your account for the Product or Service, where Exportico LLP has made this option available to you. Any termination is final and immediate.
Termination by Exportico LLP: Exportico LLP may, at any time, terminate the agreement with you if (a) you or any of your Named Users have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (b) Exportico LLP is required to do so by law (for example, where the provision of the Site or Product or Service to you is or becomes unlawful); (c) the provision of the Product or Service to you by Exportico LLP is, in Exportico LLP’s opinion, no longer commercially viable; or (d) Exportico LLP has elected to discontinue the Site or the Product or Service (or any part thereof).
Effect of Termination: Termination of the agreement and/or your account includes: (a) removal of access to all offerings within the Product or Service; (b) deletion of your password and all related information; and (c) barring of further use of the Product or Service. Upon expiration or termination, you shall promptly discontinue use of the Site and the Product or Service.
User Disputes
Your interactions with other Users or Third Parties found on or through the Products or Service are solely between you and such other Users. If there is a dispute between you and any third party (including, without limitation, any User or Third Party Products or Service Provider), Exportico LLP is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users or Third Party Products or Service Provider.
Governing Law
To the fullest extent permitted by law, and except as explicitly provided otherwise, these Terms and any disputes arising out of or relating to it will be governed by the laws of Rajkot City Jurisdiction only.
Forum and Jurisdiction
You and Exportico LLP agree any claims, demands or disputes arising out of this Terms of Service shall be exclusively resolved by an appropriate court located in Rajkot City (State: Gujarat, Country: India) only.
Severability
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Without limiting the generality of the foregoing, you agree that Section on Limitation of Liability will remain in effect notwithstanding the unenforceability of any provision in Section on Limited Warranty and Disclaimer.
No Assignment
You will not assign, subcontract, delegate, or otherwise transfer these Terms, or its rights and obligations herein, without obtaining the prior written consent of Exportico LLP, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void; provided, however, that you may assign these Terms in connection with a merger, acquisition, reorganization or sale of all or substantially all of you assets, or other operation of law, without any consent of Exportico LLP. These Terms shall be binding upon the parties and their respective successors and permitted assigns.
Force Majeure
Any delay in the Product or Service of any duties or obligations of either party will not be considered a breach of these Terms if such delay is caused by a labour dispute, shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the cause of such delay and to resume performance as soon as possible.
Notices
You are responsible for updating your data to provide Exportico LLP with your most current e-mail address. In the event that the last e-mail address you have provided to Exportico LLP is not valid, or for any reason is not capable of delivering to you any notices required by these Terms, Exportico LLP’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described on the notice. Any notice provided to Exportico LLP pursuant to these Terms should be sent to info@exportico.in.
Entire Agreement
These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matters hereof and supersede and merge all prior discussions between the parties with respect to such subject matters. No modification of or amendment to these Terms, or any waiver of any rights under these Terms, will be effective unless in writing.