Please read the following terms carefully before using this service
This Terms of Service Agreement made between Xboom Utilities Pvt. Ltd. (henceforth Xboom) online service of the first part and You of the second part is subject to these terms, without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. Your agreement with Xboom will always include, at a minimum, the terms and conditions set out in this document.
Xboom does not sell its own products or services but merely acts as a platform to other service – providers.
2. Accepting the Terms
2.1 Xboom shall interact with customers / clients through e-mail, a form on our website, chat program on our website and phone call, Skype or similar service. By clicking a button or checkbox on a website. you accept and agree to the terms, where this option is made available to you by Xboom in the user interface for any offering.
2.2 In order to use the offering, you must first agree to the terms. You may not use the offering if you do not accept the terms.
3. Provision of the offering by Xboom
3.1 Xboom will attempt to continuously innovate in order to provide the best possible offering for its users. You acknowledge and agree that the form and nature of the offering which Xboom provides may change from time to time.
3.2 You acknowledge and agree that Xboom may stop (permanently or temporarily) providing the offering (or any features within the offering) to you or to users generally at Xboom’s sole discretion.
3.3 You acknowledge and agree that if Xboom disables access to your account or login route, you may be prevented from accessing the offering, your account details or any files or other content which is contained in your account.
3.4 You acknowledge and agree that while Xboom may not currently limit your use of the offering in any way, it may do so if that use hinders with the ability of Xboom to carry on its operations or the ability of other customers to use the offering.
3.5 The supply of the offering will be subject to your making payments, if any, at the regular intervals as stated in the contract for the service. In the event that your account is terminated or access is disabled, or the service is permanently or temporarily stopped, Xboom’s liability shall extend only to forfeiting the outstanding amount due for the current billing cycle. Xboom shall not be made liable or called on to repay any amount paid during any previous billing cycle.
3.6 Xboom shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the offering or the discontinuation altogether thereof.
4. Use of the offering by you
4.1 In order to access certain offering, you may be required to provide information about yourself as part of the registration process for the service, or for your continued use of the offering. You agree that any registration information you give to Xboom will always be accurate, correct and up to date. Xboom can share customer/ client information with employees and agents (for eg. you may share addresses with delivery agents), any company which acquires Xboom, to the Government or law enforcement agencies (if officially requested or required by Order, Notification, Statute or Court Order) and with anyone else, with the consent of the customer / client.
4.2 You agree to use the offering only for your personal, non-commercial use and for purposes that are permitted by (a) the terms and (b) any applicable law, regulation or guidelines.
4.3 You agree not to access (or attempt to access) any of the offering by any means other than through the interface that is provided by Xboom, unless you have been specifically allowed to do so in a separate agreement with Xboom. You specifically agree not to access (or attempt to access) any of the offering through any automated means (including through the use of scripts or web crawlers).
4.4 You agree that you will not engage in any activity that interferes with or disrupts the offering (or the servers and networks which are connected to the offering).
4.5 Unless you have been specifically permitted to do so in a separate agreement with Xboom, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose.
4.6 You agree that you are solely responsible for (and that Xboom has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Xboom may suffer) of any such breach.
5. Your passwords and account security
5.1 You agree and understand that you are responsible to Xboom and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the offering. You will be solely responsible for all activities that occur under your account.
5.2 Xboom will take due care to ensure the confidentiality of your credentials. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into Xboom database, Xboom shall not be made liable for the resulting damages.
5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned official at Xboom immediately.
6. Content in the offering
6.1 You understand that all information (such as data files, written text, computer software, or images) which you may have access to as part of, or through your use of, the offering are the sole responsibility of the person from which such content originated.
6.2 You should be aware that content presented to you as part of the offering, including but not limited to advertisements and promotional material of Xboom or other companies, is protected by intellectual property rights which are owned by Xboom, or the sponsors or advertisers who provide that content to Xboom (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically told that you may do so by Xboom or by the owners of that content, in a separate agreement. Any content being disseminated using Xboom’s sales network or the product, service or platform may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and / or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action.
6.3 You agree that you are solely responsible for (and that Xboom has no responsibility to you or to any third party for) any content that you create, transmit or display while using the offering or for the consequences of your actions (including any loss or damage which Xboom may suffer) by doing so.
6.4 You understand that by using the offering you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the offering at your own risk. Xboom shall not be made responsible for any repugnant content circulated on its offering by other users.
6.5 On noticing any such content, it is your duty to bring it to the attention of Xboom officials immediately, who will take due care to delete it from the offering.
7. Intellectual Property rights
7.1 You acknowledge and agree that Xboom (or Xboom’s licensors) owns all legal right, title and interest in and to the offering, including any intellectual property rights which subsist in the offering (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the offering may contain information which is designated confidential by Xboom and that you shall not disclose such information without Xboom’s prior written consent.
7.2 Unless Xboom has otherwise agreed in writing, nothing in the terms gives you a right to use any of Xboom’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You additionally agree that in using the offering, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.