TERMS OF USE (Terms of Service)

By visiting our website(s) https://XNetBIZ.com/ or https://iDClouds.com/ or https://CropY.in/ (hereinafter referred to as “website(s)”), you agree that you have read and understood the terms of use. If you do not agree to the terms and conditions mentioned herein, you agree to immediately stop using the website(s) and the services and data provided therein. XNetBIZ Solutions Pvt Ltd reserves the right to withhold or cease the access to its website(s), service(s), product(s) and/or data provided therein.
The terms of use have been entered into between XNetBIZ Solutions Pvt Ltd (which term shall include its services and products including CropY and iDClouds) (hereinafter referred to as “XNetBIZ”) and the person entering into these terms or the individual/ company/ firm/ institution/entity on behalf of whom the person is entering into these terms (“Customer”) (referred to as “Client”, “Subscriber”, “Farmer”, “User”, “You”, “Your” etc.). This agreement is effective from the date of You visiting our website(s).
XNetBIZ Solutions Pvt Ltd is the exclusive author, developer and proprietor of the website(s), service(s), product(s), data including the news articles and XNetBIZ newsletter services provided therein (together referred to as “website(s) and services. These Terms of Use govern Your access to and the use of, website(s) and service through any electronic device including mobile phone and computer. These terms of use along with the Privacy Policy constitute the entire agreement between You and XNetBIZ with respect to the subject matter thereof and this supersedes all prior understanding or agreements whether oral or written regarding the said subject matter between You and XNetBIZ.

1. USER RESPONSIBILITIES AND OBLIGATIONS
   By accepting the terms of use, You hereby agree that:
   1. You are above 18 years of age and capable of entering into a valid contract under the applicable laws.
   2. You will not use the website(s) and services for any illegal or unauthorized purposes including for misuse of personal or sensitive personal information.
   3. Irrespective of whether You are a citizen of India or of a foreign country, You will at all times comply with all the laws existing in force in India and / or the country of Your residence and all other concerned regulations.
   4. You hereby agree and assure that You are solely responsible for Your conduct and any data, text, information, graphics, that You submit and post on to the website(s).
   5. You further assure and agree that You will not directly or indirectly be a part of or privy to any illegal or unauthorised use of this website(s) and services. Illustrations of such illegal or unauthorised use of this website(s) and services include but are not limited to the following:
      1. Modifying, adapting, translating or reverse engineering this website(s) and services, extract, modify, copy or disassemble any or all of the source code and interfere with the network of XNetBIZ in the website(s).
      2. Removing any copyright, trademark or other proprietary rights notices contained in the website(s) or any part thereof.
      3. Using any robot, spider, site search / retrieval application, or other device to retrieve or index any portion or the service(s) / product(s) offered on the website(s).
      4. Creating user accounts by automated means or under false or fraudulent pretenses or use the service(s) and/or product(s) in a manner to avoid incurring fees.
      5. Creating or transmitting unwanted electronic communications such as ‘SPAM’, or chain letters, phishing or unsolicited mass distribution of email to or otherwise interfering with other user’s enjoyment of the service by blocking.
      6. Submitting materials or representing Yourself and such material as either sponsored or endorsed by this website(s).
      7. Using this website(s), service(s) and/or product(s) in any manner that infringes, or misappropriates or violates the intellectual property, publicity, privacy or other rights of any person including XNetBIZ.
      8. Restrict any other User from using the website(s), product(s) and service(s).
      9. Using this website(s) and services to transmit any viruses, worms, defects, or other items of a destructive nature.
      10. Use the website(s) and the services on behalf of or for the benefit of a third party who is legally prohibited from using the website(s) and service.
      11. Providing false information, data, inputs and materials with the intention of misleading other users, third parties or XNetBIZ.
      12. Publishing, disseminating or communicating any unlawful, defamatory, obscene, lewd, harassing, or otherwise objectionable subject matter.
      13. Advertising or performing any commercial solicitation, including the solicitation of other users to subscribe to other online information services that are in competition with XNetBIZ.
   6. In the event of such unauthorized / illegal use and / or abuse of this website(s) and services including data available therein is discovered by us independently or reported to us, then we reserve all our rights to pursue any action appropriate under the law (including but not limited to prohibition of using the website(s) and services) against the user to whom such unauthorized /illegal use and / or abuse is attributable to and the Customer on behalf of whom the User was committing such actions.
   7. While all reasonable care and precaution has been taken to prevent such illegal and unauthorized conduct, this website(s) or any person affiliated to this website(s) including its owners are not responsible for any damage or inconvenience You may be exposed to misuse, or blocking by third parties or any other acts by third parties and that You use/ access the website(s) at Your own risk.
   8. XNetBIZ shall not be liable or responsible for any losses or damages that may be incurred by You as a result of third parties and other users providing false and inaccurate data, or material on the website(s), infringing of your intellectual property rights, misuse or falsely claiming of ownership over ideas, innovation, or any other data that You may make available in connection with You using the website(s) or services.
   9. You will immediately inform XNetBIZ of any suspicion regarding unauthorized or illegal usage of the website(s) or the personal or sensitive personal information or data, information provided by You on the website(s).
   10. You will not sell, assign, sub license or create any third party rights in the rights available to You and the service(s) and/or product(s) provided to You under the website(s).
   11. You will provide accurate, complete, current and valid information sought for on the website(s).
   12. If You are accepting these Terms on behalf of the Customer, You agree that You are authorized by the Customer to use the website(s) and accept the Terms of Use on behalf of the Customer,
   13. You will inform XNetBIZ immediately if there is any change in the information provided by You for using the website(s) and services.
   14. You will use an authorized internet network to access and use the website(s) and services.
   15. You will use Your own electronic device while accessing and using the website(s) and ensure that no third party accesses it without Your consent. You as well as the Customer, if any, shall however be liable for any activity performed by you or any third party while using our website(s) from Your electronic device (with or without Your consent)
   16. You shall solely bear responsibility for ensuring that You access the correct version of the website(s) and services on Your electronic device(s).
   17. You and the Customer if any, are solely responsible for maintaining confidentiality of all the sensitive and personal information/ personally identifiable information shared by You on the website(s).
2. INFORMATION COLLECTED
   
   1. We automatically collect limited information about your computer’s connection to the internet (IP address) & date-time when you visit our website(s). In order to provide you the access to our website(s) and services, XNetBIZ might also collect additional data from You, including your name, location, search terms, etc. You hereby agree including on behalf of the Customer if any, that XNetBIZ may use and retain this data to provide and improve our website(s) and services subject to the privacy policy.
   2. The privacy policy related to this is separately published and you will be required to read through the same and provide consent for the policy before you commence usage of the website(s) or services.
   3. By submitting information / data / content to us, You the user are assigning all Your rights over such information / data so supplied and we reserve absolute and unqualified rights over such information / data / content so submitted.
   4. You agree that,
      1. The information collected will be stored by us for a better experience in the future and also to enable better operation of the website(s) and services for You.
      2. In certain instances the service(s) in the website(s) which You have opted for may involve interaction with either staff from our support centre or third-party professionals and in such cases Your implied authorization including on behalf of the Customer, if any to declassify the data / information You have provided is presumed.
      3. In circumstances when You use our website(s) on behalf of Your employer or principal, we may use the information provided by You on behalf of Yourself as well as Your employer/Customer.
      4. The information You provide may be used to notify You of new products / services of XNetBIZ, its affiliates or other companies. XNetBIZ and its affiliates shall not be responsible or liable in any manner for liability arising out of the use of the products and services of other users or companies/ individuals/ entities.
      5. If You do not wish to receive promotional e-mail from us, an email will have to be sent to us at admin@XNetBIZ.com
      6. While using the services and products under the website(s) You will not share any personally identifiable information of any person.
3. INTELLECTUAL PROPERTY RIGHT
   
   1. The website(s) and material on the website(s) developed and/or made available by XNetBIZ unless otherwise stated are protected by the Indian copyright laws and/or other applicable laws and XNetBIZ (its parent/ affiliates/ associates) is the absolute owner of all such materials irrespective of whether they are capable of protection / registration under the relevant statute or not.
   2. XNetBIZ is the absolute owner of logos, trademarks, data, content, materials, publications and Intellectual Property in all information, techniques, Knowhow, software and materials, whether subject to statutory protection or not, developed and made available on the website(s) by XNetBIZ.
   3. You are granted a non-exclusive, limited and non-transferable right to access and use only the website(s) and services and the data made available therein, in compliance with this agreement and the privacy policy. You shall not infringe any of the intellectual property belonging to XNetBIZ including trademarks and copyrights made available in the website(s) and services.
4. TERM AND TERMINATION
   These Terms of Use shall remain in force from the effective date until terminated by XNetBIZ under the Terms of Use. XNetBIZ may terminate the Terms of Use if you breach the provisions of this Terms of Use. XNetBIZ, at its sole discretion may choose against terminating the Terms of use if you cure the breach within 30 days of receiving written notice. However, XNetBIZ hereby reserves the right to suspend your usage of the website(s) and services until you cure such breach of Terms of Use.
5. LIMITED PERMISSION
   
   1. You are permitted to print or download extracts from these pages for the purposes of complying with the applicable laws. No part of this site may be reproduced or disseminated in any electronic or non-electronic form, nor included in any public or private retrieval system or service without prior written permission.
   2. Subject to compliance with the Terms of Use, You are granted nonexclusive, limited and nonassignable/non-transferable right to access and use the website(s) during the continuance of the Terms of Use.
   3. Nothing under these Terms of Use shall convey any rights, title or interest over the data, articles, materials, maps, source code, algorithm, intellectual property which enables functioning of the website(s), or any other intellectual property that is owned and/or made available by XNetBIZ on the website(s), product(s) and services.
6. MODIFICATIONS/ ALTERATIONS
   
   1. XNetBIZ reserves all right to change, alter, modify or remove any of the terms and conditions of this Terms of Use including but not limited to the right to suspend services available without giving notice, alter / change or remove any or all the content available on the website(s) irrespective of whether such information is published by You or XNetBIZ, product or services contained on this website(s), etc. without giving any sort of prior notice to that effect and we assume your consent for such alterations, deletions and changes.
   2. In the interest of the User, the said change/alterations or modifications may be published or notified to you and You hereby undertake to follow up on such developments regularly and prudently. Such modifications / alterations/ changes shall automatically be incorporated into this agreement and in the event You continue to use this website(s) and services, You shall automatically have consented to / agreed to be bound by the said modifications / alterations / changes/ deletions.
7. THIRD PARTY SERVICES
   The User hereby acknowledges and agrees that
   
   1. The website(s) may provide links and hyperlinks solely for the purpose of your convenience and in no way does the inclusion of any such link on the website(s) imply our affiliation or endorsement of the linked site unless expressly mentioned by us.
   2. You will indemnify and keep indemnified XNetBIZ against any and all liability arising out of or in connection with violation of the policies and terms of use of any third party website(s)s or services that may be available on the website(s) and services.
8. SUSPENSION OF USAGE
   
   1. XNetBIZ reserves the right to immediately suspend Your use and deny access to the website(s)s, services, and/ or product(s) or information / data / content available on the website(s) if there is an emergency security threat or there is a requirement to suspend such use to comply with conditions or applicable law.
   2. If XNetBIZ suspects that You are infringing its intellectual property or that of a third party, XNetBIZ may decide to suspend Your usage and prevent access to the website(s), its application, services and/ or products. You hereby provide your express consent to XNetBIZ for obtaining and using any data that may be provided by you to or available with XNetBIZ during Your usage of the website(s) and services failing which XNetBIZ at its sole discretion might prevent You from accessing the website(s) and services or portions thereof.
9. VALIDATION AND FEEDBACK
   The feedback provided by the User and the Customer, if any on the website(s) and services may be used by XNetBIZ in any manner it deems fit and the User irrevocably assigns all non-exclusive license, right and interest in such Feedback and Validation report.
10. INDEMNITY
    You on behalf of yourself as well as the Customer, if any hereby indemnify and hold XNetBIZ harmless against any losses, damages, liability, claims and expenses incurred by XNetBIZ as a result of You breaching the Terms of Use and/or the applicable laws including infringing intellectual property rights of third parties and other users.
11. WARRANTY
    
    1. All guaranties, warranties and representation not expressly made under the Terms of Use are excluded from the Terms of Use to the maximum extent permissible by law. The website(s) and services are provided as is. XNetBIZ makes no warranties of any kind, express or implied including warranties of fitness, merchantability, fitness for use, error free and uninterrupted use of the website(s)s and services, noninfringement of the materials and content therein.
12. LIMITATION ON LIABILITY
    
    1. XNetBIZ does not accept responsibility for the accuracy and correctness of any content, predictions, information, data, materials, reviews, or any other content made available on the website(s) or services.
    2. You expressly understand and agree that XNetBIZ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of property, profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use or the inability to use the website(s), product(s) and services.
    3. To the maximum extent permitted by applicable law, XNetBIZ shall not be held liable under these Terms of Use for more than the amount paid by the User to XNetBIZ under this Terms of Use during the 6 months before the event giving rise to liability or (INR) Rs.100 whichever is lesser.
    4. XNetBIZ accepts no liability towards any losses or damages that may be incurred by You as a result of disclosure or infringement of any of your confidential information or Intellectual Property Right by third party.
13. ASSIGNMENT
    In the event where XNetBIZ and/or its parent/sister company is acquired by another legal entity, then the terms and conditions set forth in this agreement shall continue to stand valid and the user undertakes to continue to be bound by these terms and conditions notwithstanding the assignment of this agreement to another entity. The User shall not assign the terms of this agreement to any third party without the express written consent of XNetBIZ.
14. FORCE MAJEURE
    XNetBIZ shall have no liability when there is cessation, interruption or delay in the performance of XNetBIZ’s obligations due to any reasons beyond its controls including among other things breakdown of concerned servers, interruptions in communication channels, earthquakes, volcanoes or such acts of God, labour controversy, civil disturbance, economic recession, internet failures, computer equipment failures, telecommunication equipment failures, fires, floods, storms, epidemics, pandemics including Covid – 19, order or domestic or foreign courts, war or the inability to obtain services from other third party service providers, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgement or decree.
15. INDIAN LAW
    This agreement shall be governed by the Laws of India. The Courts of Law at Pune shall have exclusive jurisdiction over any disputes arising under this agreement.
16. MISCELLANEOUS
    If any term or clause of these Terms of Use are declared to be invalid, void or unenforceable, the rest of the agreement will remain effective. Non-exercise or delay in exercise of rights under this Terms of Use or the applicable laws shall not be construed as waiver of such rights. All notices under this Terms of Use shall be in writing and sent to XNetBIZ at its email address admin@XNetBIZ.com In addition to the reliefs and remedies available under the Terms of Use, XNetBIZ shall be entitled to any other equitable relief available under the law.