Terms of Use - Xsilica

Thank You for visiting our website www.xsilica.com which is in the business of providing IT software solutions to its clients. By using our Services, you are agreeing to these terms. Please read them carefully.

Overview

The following are the terms of an agreement between you and Xsilica. By accessing, or using this Web site, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site.

Scope Of Terms Of Use

These Terms of Use govern Your use of the Website and all applications, software and services (collectively known as "Services") available via the Web Site, except to the extent that such Services are the subject of a separate agreement.

Definitions

Unless the context otherwise requires, any word, term or expression used in these Terms of Use shall be construed according to its ordinary meaning. This shall be without prejudice to the following:

“Cookies” shall mean a bundle of data sent from a web server to a browser and stored on the hard drive of the computer from which the browser is being accessed;

“Company” shall mean Xsilica Software Solutions Private Limited;

“Personal Data” shall have the same meaning as is attributed to it by the Data Protection Act;

“Services” shall mean the provision of any services provided by the Company.

“User” or “Users” or “You” shall mean anyone making use of the Services provided by the Company and/or anyone accessing the Website of the Company for whatever purpose;

“Website” shall mean the website operated by the Company and having the following url – http://www.xsilica.com

Proper Use of Services

Users shall use the Services only for lawful purposes and in particular they shall not:

Any breach of the aforementioned shall entitle the Company to terminate your use of the Services.

Links

Outbound Links. The Web Site may contain links to third-party Web Sites and resources (referred to collectively hereinafter as "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by Xsilica of the content of such Linked Sites. Xsilica makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Xsilica shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.

Inbound Links. Linking to any page of the Web Site other than to https://www.xsilica.com through a plain text link is strictly prohibited in the absence of a separate linkage agreement with Xsilica. Any website or other devices that link to https://www.xsilica.com or any page available therein is prohibited from 

Confidential information

Xsilica does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Xsilica will be deemed NOT to be confidential. By sending Xsilica any information or material, you grant Xsilica an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Xsilica is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Xsilica for the purpose of receiving products or services will be handled in accordance with our privacy policy.

Changes in Terms of Use and Service

The Company reserves the right to change, alter or modify the Services from time to time, for any reason, and notice, including the right to terminate the services offered by the Company. The Company further reserves the right to change, alter or modify without prior notice the present Terms of Use.

Licence and Ownership

Any and all intellectual property rights ("Intellectual Property") associated with the Web Site and its contents (the "Content") are the sole property of Xsilica, its affiliates or third parties. The Content is protected by Intellectual Property and other laws both in India and other countries. Elements of the Web Site are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade name ("Marks") of Xsilica, its affiliates or other entities that have granted Xsilica the right and licence to use such Marks and may not be used or interfered with in any manner without the express written consent of Xsilica. Except as otherwise expressly authorised by these Terms of Use, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Web Site in any way without Xsilica's prior written permission or that of an appropriate third party. Except as expressly provided herein, Xsilica does not grant to You any express or implied rights to the Intellectual Property of Xsilica or that of any third party.

Xsilica hereby grants You a limited, personal, non-transferable, non-sublicensable, revocable licence to (a) access and use only the Web Site, Content and Services only in the manner presented by Xsilica, and  (b) access and use the Xsilica computer and network services offered within the Web Site only in the manner expressly permitted by Xsilica. Except for this limited license, Xsilica does not convey any interest in information or data available via Xsilica (the "Information"), Content, Services, Web Site or any other Xsilica property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Xsilica. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way unless expressly permitted to do so by Xsilica.

Limitation of Liability

Under no circumstances shall the Company be held liable in damages of any kind whatsoever to any User. 

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. IBM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, IBM MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Governing Law and Jurisdiction

To the fullest extent permitted by law, these Terms of Use are governed by the internal laws of India and courts in Hyderabad, Telangana, India will have jurisdiction.