Last updated on: May 27, 2016
By signing up for the Xavoc service (“Service”) or any of the services of Xavoc Technocrats Pvt. Ltd. (“Xavoc”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Xavoc under the Terms of Service include various products and services to help you create and manage a online retail store. 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 http://www.xavoc.com/terms-and-condition. Xavoc reserves the right to update and change the Terms of Service by posting updates and changes to the Xavoc website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
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 Xavoc or any Xavoc services, you are agreeing to these terms. Be sure to occasionally check back for updates.
If Installing XEC / xEpan in-premises or using downloaded version you are also bounded with EULA at http://xavoc.com/eula, Do not proceed, download, use unless you agree on EULA also.
1. 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 XEC account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Xavoc may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that Xavoc will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Xavoc 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 data, graphics, photos and links that is uploaded under your XEC Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Xavoc will result in an immediate termination of your services.
Don’t use XEC for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
2. Account Activation
- Subject to section 2.2, 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.
The person signing up for the Xavoc Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
3. General Conditions
- 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 the State of Rajasthan and 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 the Rajasthan with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations 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 Xavoc may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Xavoc's website, available at https://www.xavoc.com/terms-and-condition 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 Xavoc'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 xEpan 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 and the State of Rajasthan. 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 Xavoc.
- You shall not purchase search engine or other pay per click keywords (such as Google Ad-words), or domain names that use Epan, xEpan, Xavoc or Xavoc trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org
- You understand that your Store Content (not including credit card information), may be transferred in-encrypted 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.
- The parties have required that the Terms of Service and all documents relating thereto be drawn up in English.
The Xavoc service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
If a dispute arises the issue will be dealt with in the State of Rajasthan.
Your content may be transferred in-encrypted and may be altered, but credit card information is always encrypted.
4. Xavoc 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 Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Xavoc customer, Xavoc employee, member, or officer will result in immediate Account termination.
- Xavoc does not per-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via 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 Xavoc employees and contractors may also be Xavoc 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.
- Xavoc 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, Xavoc reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a XEC account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
- You expressly understand and agree that Xavoc 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 Xavoc 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, Xavoc 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.
- Xavoc does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Xavoc does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Xavoc does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
6. Waiver and Complete Agreement
The failure of Xavoc 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 constitutes the entire agreement between you and Xavoc and govern your use of the Service, superseding any prior agreements between you and Xavoc (including, but not limited to, any prior versions of the Terms of Service).
If Xavoc chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Xavoc don't apply if they conflict with these terms.
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the Xavoc service. All material you upload remains yours. You can remove your XEC store at any time by deleting your Account.
- By uploading Xavoc Website/Store Content, you agree: (a) to allow other internet users to view your Xavoc Website/Store Content; (b) to allow Xavoc/XEC to display and store your Store Content; and (c) that Xavoc can, at any time, review all the Xavoc Website/Store Content submitted by you to its Service.
- You retain ownership over all Xavoc website/Store Content that you upload to a Xavoc Website/store; however, by making your website/store public, you agree to allow others to view your Website/Store Content. You are responsible for compliance of Website/Store Content 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.
- Xavoc shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
Anything you upload remains yours and your responsibility.
8. Theme Store
- You may establish the appearance of your Epan website/store with a design template from Epan Theme Store (“a Theme”). If you download a Theme, you are licensed to use it for a single website/store only. You are free to transfer a Theme to a second one of your own stores if you close your first store. You are not permitted to transfer or sell a Theme to any other person’s store on Epan or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee. Xavoc gives no assurance that a particular Theme will remain available for additional downloads.
- You may modify the Theme to suit your website/store. Xavoc may add or modify the footer that refers to Xavoc at its discretion. Xavoc may modify the Theme where it contains, in our sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the Theme in that condition. Xavoc may modify the Theme to reflect technical changes and updates as required.
- The intellectual property rights and copyrights of the Theme remain the property of the designer/provider. If you exceed the rights granted by your purchase of a Theme, the designer/provider may take legal action against you, and Xavoc may take administrative action such as modifying your store or closing your store.
- Technical support for a Theme is the responsibility of the designer/provider, and Xavoc accepts no responsibility to provide such support. Xavoc may be able to help you contact the designer/provider.
- It is the responsibility of the user, and not Xavoc, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
You can purchase our Themes to use for one store at a time. Feel free to modify our Theme, but respect that the designers/provider own their Themes, so don’t infringe on their rights. For Theme-related problems, contact the designer/provider. Note that Themes may disappear over time and are subject to change.
9. Payment of Fees
- You will pay the Fees applicable to your subscription to Online Service/Epan service (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as Themes, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
- You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Xavoc will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and Xavoc will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
- Subscription Fees are paid in advance and will be billed in 365 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Xavoc's discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your Xavoc's account. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
- All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- Xavoc does not provide refunds.
For live payment gateways, a valid credit card is required. You will be billed for your Subscription Fees every 365 days and have 2 weeks to pay. Any Transaction Fees or Additional Fees will be charged to your credit card. No refunds.
10. Cancellation and Termination
- You may cancel your Account at anytime by emailing email@example.com and then following the specific instructions indicated to you in Xavoc's response.
Upon termination of the Services by either party for any reason:
- Xavoc will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to Xavoc for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your store website will be taken offline.
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the Epan Service or your Account for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Xavoc may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
To initiate a cancellation, email firstname.lastname@example.org . Xavoc will respond with specific information regarding the cancellation process for your account.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
11. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days notice from Xavoc. Such notice may be provided at any time by posting the changes to the Xavoc's Site (xavoc.com) or on your Xavoc Website/store account via an announcement.
- Xavoc reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- Xavoc shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
12. Third Party Services
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Xavoc's partners or other third parties.
- Xavoc may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Epan's website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that Xavoc has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Xavoc's websites, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Xavoc. Xavoc strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the inter-operation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Xavoc is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content.
- Under no circumstances shall Xavoc be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Xavoc has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
We are not responsible for third party services so use them at your own risk. If you use any third party services on the Epan platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.
13. DMCA Notice and Take down Procedure
Xavoc supports the protection of intellectual property and asks Xavoc merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send us a mail at email@example.com. Upon receiving a mail, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of take-down, the merchant can reply with a counter notification via mail if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.
Xavoc respects intellectual property rights and you should too. If we receive a mail, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send mail at firstname.lastname@example.org . We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.
Xavoc Technocrats Pvt. Ltd.
18/436, Gaytri Marg,
Kanji ka hata, Dhabai Ji ka wada,
Udaipur (Rajasthan) -313001 (INDIA)