Acceptance of Terms
The Software and Web services developed and operated by Celexsa Technologies Pvt. Ltd. provided to you through its web properties (“Site”) are subject to the following Terms of Service (“TOS”), as defined below. Celexsa reserves the right to update the TOS at any time without notice to you. You can always view the most current version of the TOS by clicking on the “Terms& Conditions” hypertext link at the bottom of our website. If you do not agree to any of these terms, please do not use the Site or any of the Services offered through them.
Eligibility to Accept Agreement and Use Site
You must be at least 14 years of age to access and use the Site, and if you are between 14 and 17 years of age, you must have permission from your legal parent or guardian to access and use the site and all Celexsa Services. There is no exception to this requirement. Celexsa does not knowingly collect any personal information from children under the age of 14. By your use of the site, you agree that you are either 18 years of age or older, or between 14-17 years of age or older AND are either an emancipated minor, or possess legal parental or guardian consent, and you also agree that you are fully able and competent to understand and accept this Agreement as a binding contract and to abide by all Terms.
Description of Services
As part of your participation in our online services, Celexsa provides you with use of the Site and access to a variety of resources, including content offered through the site (including your content, content submitted by other users, and pre-populated content offered by Celexsa), learning materials, and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOS.
Usage Policy
Evaluation Only:
The Services and site are provided to you for evaluation purposes and for the purpose of providing feedback about them to Celexsa. You may use the Services to use, copy, modify, and post on your Web page the content or services created or owned by you, other users’ submissions, and the content offered by Celexsa’s participating partners through the Services. Otherwise, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. If you download or print a copy of anyone else’s content obtained through the Services, you must retain all copyright and other proprietary notices contained in it. You agree not to circumvent, disable or otherwise interfere with any technical limitations in the Services. Celexsa has no obligation to you to monitor the Services. Celexsa reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. Celexsa also reserves the right at all times to disclose any information as Celexsa deems necessary to: satisfy any applicable law, regulation, legal process or governmental request; or to edit, refuse to post, or remove any information or materials, in whole or in part, in Celexsa’s sole discretion.
Prohibited Uses. You may not and may not allow any third party to:
Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Celexsa software or any portion of the Celexsa Site or the Celexsa Services (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws); copy or distribute software or code owned by Celexsa; use the Celexsa software or site in any manner that could damage, disable, overburden, or impair Celexsa’s site or Service or another user’s use of the Celexsa site or Services; remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices (“Notices”) contained in or on the Celexsa Site, Celexsa Services, Celexsa code embeddable or embedded on a third party Web site and/or the Celexsa Software and you shall reproduce such Notices exactly on all permitted copies of the Celexsa Software; create user accounts by automated means or under false or fraudulent pretenses; create or transmit unwanted electronic communications such as “spam” to other users or members of the Celexsa Site and/or Celexsa Service or otherwise interfere with other user’s or member’s enjoyment of the Celexsa Site and/or Celexsa Services; submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Celexsa; transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; or use the Celexsa Web site or Services to violate the security of any computer network or transfer or store illegal material; use the Celexsa Web site or Services as part of any commercial product without express written consent; will not post content that is illegal, hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
Intellectual Property Rights
No Warranty; Unavailability; Liability Limitations:
Copyright and Trademark Notices. All content or software provided as part of the Service or in the Web site, except users’ submissions, are owned by or licensed to Celexsa, and are Copyright 2015Celexsa and/or its suppliers. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. Celexsa Software, Promo4Leads, BudgetERP and Celexsa are trademarks or registered trademarks of Celexsa Technologies Pvt. Ltd. in India and/or other countries. Third-party trademarks, service marks and logos contained in the Web site are owned and licensed by their respective owners. Any rights not expressly granted herein are reserved.
Warranties:
Celexsa, its suppliers, and other licensors of content provide the services and content “as is” and disclaim all warranties, representations, and conditions of any kind, express, implied or statutory, with regard to the services, operation of the web site, software, information, and the content, materials and products included on the web site or in association with Celexsaservices. Further, Celexsa Technologies Pvt. Ltd., its suppliers, and other licensors of content disclaim all including all warranties whether express, implied or statutory and including but not limited to conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. Celexsa, its suppliers and other licensors of content do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within or available on the Celexsawebsite.
Potential Unavailability:
The Celexsa web site and services may be unavailable from time to time for maintenance or other reasons. Celexsa shall not be liable for any failure of the Celexsa software, web site or services. Such failure may result from any cause, including, but not limited to, those beyond Celexsa reasonable control, such as mechanical, electronic or communications failure or degradation by Celexsa or any other third party affiliates. You agree that Celexsa shall not be liable to you for any loss of materials, content, assets or any modification, suspension or discontinuance of the service, whether temporary or permanent. in the event that Celexsa terminates its web site or services, Celexsa will not return any content, materials or assets. Therefore, the user is solely responsible for back-up of any of these aforementioned items.
Limitation of liability:
In no event shall Celexsa and/or its respective suppliers or licensors be liable for any special, indirect, punitive and/ or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, the web site, provision for or failure to provide services, or information or content available from the services. Celexsa and/or its respective suppliers and licensors may make improvements and/or changes in the product(s), services, content, and/or program(s) described herein at any time, without notice.
Refund Policy
A valid Visa/MasterCard/Amex is required for payment via online. Payment could also be made through Bank Transfer, Cheque or DD or Cash payments. The Service Plans for Domain Registration and Hosting are prepaid (billed in advance) on an yearly basis and are non-refundable. There will be no refunds to your Credit card. In case of upgrade, only the additional payment would be collected. For partial months of service during downgrade, no refunds would be provided. In order to treat everyone equally, no exceptions will be made. The Service plans for web services like BudgetERP and Promo4Leads are prepaid (billed in advance) on a monthly basis or annual basis and are refundable. There will be no refunds to your Credit card. But the costs of any returns will be at your expense, unless otherwise provided by law. For partial months of service during upgrade/downgrade a prorated calculation may generate an amount which will be allocated to your Celexsa account. The amount collected tied to the Celexsa account would be refunded back to you, via Bank Transfer.
You must ask for a refund within 7 days of using our services, via our helpdesk system available in support.celexsa.com or mail us at support.helpdesk@celexsa.com. No refunds would be provided after 7 days of activating the services. After requesting for the refund, the user cannot access his/her control panel for the services they are using. All our software has a trial period of at least 1 month to 3 months. So no refunds would be provided, in case of Software purchase, as the user has ample time to study and analyze the software. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties when applicable. For any upgrade or downgrade in plan level, your PayPal account/Credit Card that you provided will automatically be charged the new rate on your next billing cycle. Your plan may be upgraded automatically based upon fan or data thresholds as set forth in the plan pricing. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Celexsa does not accept any liability for such loss.
Indemnification:
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Celexsa, its officers, directors, employees and agents, and any licensor of Celexsa, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) made by you or any third party due to or arising from your use of the Site or Services, your violation of any Terms, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Celexsa Software, Web site or the Celexsa Services. This defense and indemnification obligation will survive this Agreement and your use of the Site.
Modifications by Celexsa:
Celexsa reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to www.Celexsa.com, www.Celexsa.ca or on the Service itself. Celexsa shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Terms and Conditions Applicable To All Users Of The Service:
Disputes:
You agree that any dispute relating to your use of the Celexsa Web site, Celexsa Software and/or Celexsa Service shall be governed by the jurisdiction of Chennai High Court, India without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in Chennai High Court, Chennai, and that any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The Service is controlled and operated by Celexsa. These Terms of Service and Terms of Use and any and all other online policies and agreements promulgated by Celexsa, including without limitation Celexsa’s User Agreement (for Entrants) and User Agreement (for Sponsors) constitute the entire agreement between Celexsa and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. The failure of Celexsa to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
The section titles in these Terms are for convenience only and have no legal or contractual effect. If a court of competent jurisdiction determines that any provision of these Terms is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these Terms of Service and/or Terms of Use. 9.2 International Use.
Celexsa makes no representation that the Celexsa Services or Web site are appropriate or available for use in locations outside India, and accessible from countries where the Celexsa Software or any feature of the Celexsa Services and/or Celexsa Web site is illegal is prohibited. Those who choose to access this Website (or any other Website on which Celexsa Software is installed) from other locations do so on their own initiative and are responsible for compliance with local laws. Downloading or using any of our Software or Services is at your sole risk. No Third Party Beneficiaries.
This Agreement is between you and Celexsa. No user has any rights to force Celexsa to enforce any rights it may have against you or any other User. Celexsa does not actively monitor the use of the Service or Sponsor Promotions. Similarly, Celexsa does not exercise editorial control or review over the content or nature of any Promotion or of any website, e-mail transmission, newsgroup, or other material created or accessible over or through the Promotions. If at any time Celexsa chooses, in its sole discretion, to monitor a Promotion, Celexsa nonetheless assumes no responsibility for its content, no obligation to modify or remove any inappropriate content or Promotion, and no responsibility for the conduct of any third party entering or conducting a Promotion.
Celexsa intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or other terms, conditions, policies, or guidelines on the Celexsa Site or of any applicable laws, rules, or regulations. By using the Service, you release Celexsa from any and all liability stemming from such cooperation with local, state, federal and relevant country law enforcement officials. You acknowledge that Celexsa reserves the right to change its terms, conditions, policies, or guidelines at any time, in its sole discretion. (Notice will be provided by posting such changes on the Celexsa Site and updating the “Date of Last Revision” for relevant terms, policies, and/or guidelines, and such changes will apply to any use of the Celexsa Site or Service made after the changes are posted to the Celexsa Site.
You also expressly waive any right you may have to individual notice of such changes. Celexsa may take any one or more of the following actions, or other actions not listed, at Celexsa’s sole discretion in response to violations of these Terms of Use or any other terms, conditions, policies, or guidelines on the Celexsa Site or associated with the Service:
- Issue warnings: written or verbal
- Suspend or terminate a Promotion and/or your use of the Service, to the extent possible
- Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
Celexsa may, from time to time, need to interrupt the Service for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless Celexsa and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from and against any and all claims, costs (including without limitation attorneys’ fees), injuries, losses, or damages arising in connection with such interruptions. Because of situations beyond the control of Celexsa, Celexsa cannot guarantee that the Service will be available to you or that the Service will function properly. Celexsa does not guarantee the safety or integrity of any system connected to its network.
This includes, but is not limited to, Virus and/or Trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Service. You also accept all liability for any of your actions while using the Service. This includes, but is not limited to, sending of unsolicited email. You further expressly understand and agree that your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. You expressly understand and agree that Celexsa makes no representations that individuals using its service are whom they purport to be or that sponsors’ promotions will be conducted in conformance with applicable laws, rules, or regulations. Celexsa has no control over and accepts no responsibility for any promotions or actions of any third party, including without limitation any promotion sponsors.
You assume full responsibility and risk for use of the service and the internet and are solely responsible for evaluating the accuracy and completeness of information you receive through the service or any promotion. You expressly understand and agree that, except as required by applicable law, Celexsa shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising in connection with the service. The Service may provide, or third parties may provide, links to other websites, resources or services, including without limitation Sponsor web sites, social networking websites, and payment processing services. Because Celexsa has no control over such websites, resources or services you acknowledge and agree that Celexsa is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any Promotion, content, advertising, products, services or other materials on or available from such external sites.
You further acknowledge and agree that Celexsa and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance of any such promotion, content, goods or services available on or through any such website, resource or service. When you leave the Celexsa Site, you should be aware that our terms and policies no longer govern. Please review the terms of use and privacy policy of any third-party website that you wish to link to from the Celexsasite before you use such third-party website.
You agree to not use the Service to:
Intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation; upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, including, but not limited to, a Celexsa employee, contractor, volunteer, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post, email, transmit or otherwise make available any content that you do not have a lawful, legal right to make available; make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are expressly designated for such purpose; interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Service or Celexsa Site, or overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Service, the Celexsa Site, or any other host or network; access content or data not intended for you, or log onto a server or account that you are not authorized to access; attempt to probe, scan or test the vulnerability of the Service or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by Celexsa or used by Celexsa in providing the Service; or use a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.).
You agree to not use the Service to:
Intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation; upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, including, but not limited to, a Fuchsia employee, contractor, volunteer, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post, email, transmit or otherwise make available any content that you do not have a lawful, legal right to make available; make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are expressly designated for such purpose; interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Service or Fuchsia Site, or overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Service, the Fuchsia Site, or any other host or network; access content or data not intended for you, or log onto a server or account that you are not authorized to access; attempt to probe, scan or test the vulnerability of the Service or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by Fuchsia or used by Fuchsia in providing the Service; or use a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.).