Terms Conditions
Thank you for using XBORNE. Our mission is to deepen the engagement with the customers, improve the products/services delivery system, and make life easier for customers to get customized, curated services as well as Independent Partners by getting their store online to sell products or take appointments for the Services without paying any commission through Hyper-local search engine system of XBORNE.
If this document is not in a language that you understand, you shall contact XBORNE at the email admin@xborne.com. Failure to do so within 24 (Twenty-Four) hours from the time of receipt of this document and your acceptance of this document by clicking the “I ACCEPT” button shall be considered as your understanding of this document.
This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button on this electronic contract, you are consenting to be bound by this User Agreement. Please ensure that you read and understand all the provisions of this document before you start using the XBORNE, as you shall be bound by all the terms and conditions herein upon clicking on the “ACCEPT & CONTINUE” button on this electronic contract. If you do not agree or accept any of the Terms and Conditions contained herein, then please do not use XBORNE's digital platform or avail any of the services being provided therein.
TERMS AND CONDITIONS
Welcome to XBORNE. This App and Website is owned and operated by Xborne Pvt Ltd., having its registered office at Trifecta Adatto, 21 ITPL Main Road, Mahadevapura, Bangalore, Karnataka, India, 560048. By signing up for a /XBORNE account or by using our XBORNE services, you are agreeing to be bound by our terms and conditions.
By visiting our App or Website and accessing the information, services, and products we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy link of this App or Website for more information).
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
RESPONSIBLE USE AND CONDUCT:
In order to access our Services, you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Services available on the XBORNE App or Website. You agree that any information you provide will always be accurate, correct, and up to date.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your accounts.
Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.
Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.
You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
We may provide various open communication tools on XBORNE, such as public chat, forums, message boards, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our XBORNE, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any information that:
Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party;
Contains any type of unauthorized or unsolicited advertising;
Impersonates any person or entity, including any XBORNE employees or representatives.
We have the right at our sole discretion to remove any information that, we feel in our judgment does not comply with this User Agreement, along with any information that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any XBORNE copyrights or trademarks. We are not responsible for any delay or failure in removing such information. If you post information that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
We do not assume any liability for any information posted by you on XBORNE. However, any information posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any XBORNE copyrights or trademarks, becomes the property of Xborne Pvt Ltd., and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to the information posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Services. All information provided as part of our registration process is covered by our Privacy Policy.
You agree to indemnify and hold harmless XBORNE a digital property of Xborne Pvt Ltd., and their directors, officers, managers, employees, Investors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
ACCOUNT TERMS:
To access and use the Services, you must register for an XBORNE (“Account”). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. XBORNE may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
“Age Restrictions”. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You acknowledge that XBORNE will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to XBORNE and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with XBORNE can only be authenticated if they come from your Primary Email Address.
You are responsible for keeping your password secure. XBORNE cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
SELLING OF PRODUCTS AND SERVICES:
As a registered seller, the Independent Partner is allowed to launch a virtual store on the XBORNE App or Website. The built-in management the tool, vSpace Manager of XBORNE, helps the Independent Partner to list item(s), sell product(s), take appointment for service(s), helps the store to find new customers to boost their sales and another built-in tool vPost Orchestrator (A delivery management software) helps the store to facilitates the service request, and to deliver the products through XBORNE App or Website.
Periodically, you (the “User”) may get customized experience, and exclusive offers during the sale on the XBORNE App or Website. These offers are exclusively offered by the stores listed on the XBORNE app or Website.
Purchases made on the XBORNE App or Website must be for end-consumption. You must not use the Products purchased on XBORNE for any commercial, promotional, resale or further distribution purposes.
SERVICES BOOKING AND FINANCIAL TERMS:
The XBORNE App or Website allows users to order a product, request for a service or schedule an appointment for a service, upon acceptance of such orders, requests, services by the Independent Partners, the XBORNE, subject to the terms and conditions set out herein, facilitates delivery of products, services, or completion of tasks through the XBORNE App or Website.
XBORNE does not own, sell or resell on its own such services, these services and products are offered by the on-boarded Independent Partners only, XBORNE is an online service providing a platform by engaging the Independent Partner. We reserve the right to refuse the services on the App or Website at our sole discretion to anyone for any reason at any time.
This App or Website does not screen or censor the Users who register on and access the XBORNE platform. You assume all risks associated with dealing with other users with whom you come in contact through the App or Website. You agree to use the XBORNE only for lawful purposes without infringing the rights or restricting the use of this platform by any third party.
All payments made against the Orders, and Services on the XBORNE by the Users shall be compulsory in Indian Rupees acceptable in the Republic of India. The XBORNE will not facilitate transactions with respect to any other form of currency with respect to the Services made on App or Website. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of ordering a product or scheduling a Service; or (iii) credit or debit card or cash at the time of Service delivery. You understand, accept and agree that the payment facility provided by XBORNE is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on Service delivery and remittance facility for the transactions on the XBORNE using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing a payment facility, XBORNE is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
When you register to order a product or any kind of paid Services on XBORNE, you agree to pay us the specific monetary amounts required to facilitate those Services. The amount will be described to you during the booking of a Service or Order. The final amount required for payment for availing the Services will be shown to you immediately prior to the final booking of Services.
The prices reflected on the XBORNE, including packaging or handling charges, shall be determined by XBORNE and XBORNE may consult the on-boarded Independent Partners for such purpose. Very rarely, prices may change at the time of placing an order or booking a Service due to the Independent Partner’s changing the menu price without due intimation and such change of price are at the sole discretion of the Independent Partner attributing to various factors beyond control.
Certain products and services offered by the seller may be eligible for business purchases, upon your purchase of product(s) eligible for business purchases, you may be able to avail the benefits of the GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by you (“Tax Invoice”) shall be issued to you by the seller(s) selling such products through XBORNE.
PRIVACY:
Through the use of XBORNE App and Website, you may provide us with certain information. By using the App or the Website, you authorize the XBORNE to use your information in India and any other country where the XBORNE may operate. We view the protection of Your Privacy as a very important principle. We understand clearly that you and your personal information are one of our most important assets.
We store or process your information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act, 2000 and rules thereunder.
Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click on the Privacy Policy link.
We may disclose your personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to court orders, or other legal processes. We may disclose personal Information to law enforcement agencies, or others in the good faith belief that such disclosure is reasonably necessary to enforce our Terms and Conditions or Privacy Policy.
LIMITATION OF WARRANTIES:
By using XBORNE App or Website, you understand and agree that all Services or Products we provide, and deliver are "as is" and "as available" on the virtual store of an Independent Partner. This means that we do not represent or warrant to you that:
XBORNE does not warrant that your use of Services will be always uninterrupted or error-free, that XBORNE will review the information and Services delivered through the App or Website in a timely manner for accuracy or that it will preserve or maintain any such information or Services without loss.
XBORNE shall not be liable for delays, interruptions, Service failure, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of XBORNE.
LIMITATION OF LIABILITY AND INDEMNIFICATION:
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. XBORNE will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
You shall defend, indemnify and hold harmless XBORNE its owners, affiliates, independent partners (as applicable), and its respective officers, directors, agents, and employees (“Indemnified Parties”), from and against any claim, damages, demand or actions including attorney’s fees, made by any third party against the indemnified parties or penalty imposed against the indemnified parties, due to arising out of your breach of this Terms of Use, Privacy Policy and Other Policies or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
COPYRIGHTS / TRADEMARKS:
All content and materials available on XBORNE, including but not limited to text, graphics, app name, code, images and logos are the intellectual property of Xborne Pvt Ltd., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this App or Website is strictly prohibited, unless specifically authorized by Xborne Pvt Ltd.
You must not use any part of the materials on the XBORNE’s App or Website for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of the XBORNE in breach of these Terms of Use, your right to use the App or Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
In order to make the Orders or Services available to you, you hereby grant the XBORNE a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivate works of any information you upload or otherwise make available to the App or the Website. The XBORNE claims no further proprietary rights in your information. If you feel that any of your Intellectual Property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us or write an email at: admin@xborne.com
TERMINATION OF USE:
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our App or Website and Services with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the services we provide on XBORNE will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
The XBORNE specifically reserves the right to terminate these Terms of Services if You violate any of the terms outlined herein, including but not limited to, violating the Intellectual Property rights of the Xborne Pvt Ltd. or a third party, failing to comply with the applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate these Terms of Services at any time by contacting us and requesting termination. At the termination of these Terms of Services, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
GOVERNING LAW:
The XBORNE App or Website is a digital property of and controlled by Xborne Pvt Ltd. from our office located in the state of Bengaluru, India. XBORNE’s App or Website can be accessed by most states around India. These terms and conditions shall be governed, interpreted, and construed in accordance with the laws of India, without regard to conflict of law provisions and for resolution of any dispute arising out of your use of services or in relation to these terms and conditions.
Furthermore, any action to enforce this User Agreement shall be brought in the courts located in Bengaluru, India. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
SPAM POLICY:
You are strictly prohibited from using the App or any of the owner’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
THIRD-PARTY LINKS & CONTENTS:
The XBORNE may occasionally post links of third-party websites or other services through Google ad-sense on its App or Website. You agree that the XBORNE is not responsible or liable for any loss or damage caused as a result of your clicking on the links of any third-party websites available on our App or Website XBORNE.
SHIPPING, CANCELLATION AND REFUND:
You agree to ensure payment for any services, you may order from the XBORNE’s App or Website and you acknowledge and affirm that prices are subject to change. While ordering any Services, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the Purchase price. We also may request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our Services.
You agree to ensure payment for any Products you may purchase from us and you acknowledge and affirm that prices are subject to change. For the sale of any Products, we may pre authorize your credit or debit card at the time you place an order or we may simply charge your card upon shipment.
You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following: admin@xborne.com.
FEEDBACK AND REVIEWS:
XBORNE welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Independent Partner Services (collectively, “Feedback") to XBORNE be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to XBORNE (whether submitted directly to XBORNE or posted on any XBORNE hosted forum or page), you waive any and all rights in the Feedback and that XBORNE is free to implement and use the Feedback if desired, as provided by you or as modified by XBORNE, without obtaining permission or license from you or from any Independent Partner. Any reviews of a Product, Services that you submit to XBORNE must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to XBORNE or objectionable. XBORNE reserves the right (but not the obligation) to remove or edit Feedback of any Product or Services, but does not regularly inspect posted Feedback.
We welcome User’s feedback but are under no obligation to ensure that ideas and suggestions regarding XBORNE Services or the Products, Services selling by Independent Partners remain confidential and we can use the feedback in any way we want.
MODIFICATIONS AND VARIATIONS:
We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through the XBORNE administrative console, or by similar means. However, XBORNE may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.
XBORNE may change the Prices for the Services from time-to-time. We will provide you with a notice prior to any changes in Fees by sending an email to the Primary Email Account, providing notice through the XBORNE administrative console, or by similar means. XBORNE will not be liable to you or to any Independent Partner for any modification, price change, suspension or discontinuance of the Services (or any part thereof).
If we make a change to the Terms of Service that adversely affects your rights under the Terms of Service or your use of our Services in a material way, we will notify you in advance (unless the change relates to legal requirements or to prevent abuse of our Services, among other things).
ENTIRE AGREEMENT:
These Terms and Conditions, Privacy Policy and any other terms or policies as may be prescribed by XBORNE from time to time, constitute the entire agreement between you and the XBORNE, which will govern your use of or access to the Services and/or the platform, superseding any prior agreements between you and XBORNE regarding such use or access.
CONTACT INFORMATION:
If you have any questions or comments about XBORNE Terms of Service as outlined above, you can contact us at:
XBORNE,
A digital property of Xborne Pvt Ltd.
Trifecta Adatto, 21 ITPL Main Road,
Mahadevapura, Bangalore,
Karnataka, India, 560048.
Phone: 416960006
Email: admin@xborne.com