By signing up for the Tekxiph service (“Service”) or any of the services of Tekxiph. (“Tekxiph”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Tekxiph under the Terms of Service include various products and services to help you create and manage a Online Business, whether an Mobile Recharge Website (“B2C Mobile Recharge Portal”), a Utility Services (“B2B Utility Services”), or any services together. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://tekxiph.com/TermsOfUse.php. Tekxiph reserves the right to update and change the Terms of Service by posting updates and changes to the Tekxiph website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
- You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including Tekxiph’s Privacy Policy before you may become a Tekxiph user.
- Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Tekxiph or any Tekxiph services, you are agreeing to these terms. Be sure to occasionally check back for updates.
Terms of Service
- Account Terms.
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a Tekxiph account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Tekxiph may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that Tekxiph will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Tekxiph cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Tekxiph will result in an immediate termination of your services.
- Account Activation.
- The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Domain Names.
- Upon purchasing a domain name through Tekxiph, domain registration will be preset to automatically renew each year so long as your Tekxiph Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
- General Conditions. You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the Privacy Policy before you may become a member of Tekxiph.
- Technical support is only provided to paying Account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of India applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of India with respect to any dispute or claim arising out of or in connection with the Terms of Service. The Indian Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that Tekxiph may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Tekxiph’s website, available at https://tekxiph.com/TermsOfUse.php and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Tekxiph’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Tekxiph service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of India. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Tekxiph.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Tekxiph or Tekxiph trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to listening@tekxiph.com.
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- You acknowledge and agree that your use of the Service, including information transmitted to or stored by Tekxiph, is governed by its privacy policy at https://tekxiph.com/Privacy.php
- The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Tekxiph’s Terms of Service available in another language, the most current English version of the Terms of Service at https://tekxiph.com/TermsOfUse.php will prevail.
- Tekxiph Rights.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Tekxiph Services, or the Materials uploaded or posted to a Tekxiph-hosted Websites or Softwares, violate our Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Tekxiph customer, Tekxiph employee, member, or officer will result in immediate Account termination.
- Tekxiph does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Tekxiph employees and contractors may also be Tekxiph customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Tekxiph retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Tekxiph reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
- Limitation of Liability.
- You expressly understand and agree that Tekxiph shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Tekxiph or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Tekxiph partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Tekxiph does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Tekxiph does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Tekxiph does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- Waiver and Complete Agreement The failure of Tekxiph to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Tekxiph and govern your use of the Service, superseding any prior agreements between you and Tekxiph (including, but not limited to, any prior versions of the Terms of Service).
- Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the Tekxiph service. All Materials you upload remains yours. You can remove your Tekxiph store, Utility Portal (B2C/B2C) at any time by deleting your Account.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store, portal etc; (b) to allow Tekxiph to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Tekxiph can, at any time, review all the Materials submitted to its Service, although Tekxiph is not obligated to do so.
- You retain ownership over all Materials that you upload to a Tekxiph store, Portal (B2B/B2C); however, by making your store public,Portal (B2B/B2C) you agree to allow others to view Materials that you post publicly to your store,Portal (B2B/B2C). You are responsible for compliance of the Materials with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- Tekxiph shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store,Portal (B2C/B2B) to promote the Service.
- Cancellation Policy Once payment has been made which are nonrefundable or noncancelable for any reason.
- Service Delivery Policy In most cases, Your Service will be started immediately after payment but if any technical error happens, We will make sure to start your Services with in 2 Business days.