ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADINGS USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATORS OF THIS TERMS OF SERVICE MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.
DEFINITIONS
- “EXCELGUN”, “Excel Gun”, “ExcelGun”, “excelgun”, “We”, “Our”, and “Us” shall mean and refer to the creators of this privacy policy i.e… the ownership of excelgun.com and Excel Gun Mobile App.
- “Website” shall mean and refer to excelgun.com website, “App” shall refer to Excel Gun App mobile App.
- “Service” shall mean and refer to the website excelgun.com and Excel Gun App and any of their services.
- “You”, “Your”, “Yourself” and “User” shall mean and refer to natural and legal individuals who use excelgun.com and its services.
- “Personal Information” shall mean and refer to any personally identifiable information that we may collect from you.
- “Third Parties” refer to any Website, Website, company or individual apart from the User and the creator of the Website.
Description of the Service
The Service allows users to access all the content of the website and use it for personal use, however, you shall not copy or use content from excelgun for any commercial purposes. EXCELGUN may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
General Terms and conditions of the website, App, and service
Access and use of the Service are subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. We may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access, or participate in the Service.
Registration
In connection with registering for and using the Service, you agree (i) to provide accurate, current, and complete information about you and/or your organization as requested by EXCELGUN; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to EXCELGUN while registering or during your usage of EXCELGUN’s services, to keep such information accurate, current and complete; (iv) to be fully responsible for all use of your account and for any actions that take place through your account; (v) You consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates; and (vi) You are required to provide your examination registration information for the purpose of our internal estimation of successful candidates. If you do not provide the information, your partial or full access to the website content and/or other EXCELGUN services may be blocked. No refund will be provided in such a scenario. We assure you that we will not use this information for any other purpose or share this information with any third party.
Your Representations and Warranties
You represent and warrant to EXCELGUN that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules, and regulations of the Constitution of India and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from India and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit to EXCELGUN and that you have the right to grant us a license to use that material.
Inappropriate Use
You will not upload, display, or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in EXCELGUN’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose EXCELGUN or its users to any harm or liability of any kind.
Indemnification of EXCELGUN
You agree to defend, indemnify and hold harmless EXCELGUN and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities, and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any service we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
No Representations or Warranties
The service, including all images, audio files, and other content therein, and any other information, property, and rights granted or provided to you by EXCELGUN are provided to you on an “as is” basis. EXCELGUN and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, EXCELGUN does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation on types of Damages/Limitation of Liability
In no event will EXCELGUN be liable to you or any third-party claiming through you (whether based in contract, tort, strict liability, or other theory) for indirect, incidental, special, consequential, or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if EXCELGUN has been advised of the possibility of such damages. EXCELGUN’s liability to you or any third-party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to EXCELGUN for the service in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
Termination
EXCELGUN may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your EXCELGUN account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of EXCELGUN’s proprietary rights, your representations, and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
Proprietary Rights in Service Content and Activity Data
All content available through the Service, including designs, text, graphics, images, information, software, audio, and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of EXCELGUN or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain Service Content. As between you and EXCELGUN, all data and information generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Data”), shall be exclusively owned by EXCELGUN, and you shall not have any right to use such Activity Data except as expressly authorized by these Terms and Conditions. Activity Data will not include material you submit for translation or any resulting translation. By using the Service, you hereby assign to EXCELGUN any and all rights, title, and interest, including any intellectual property rights or proprietary rights, in the Activity Data. All rights of EXCELGUN or its licensors that are not expressly granted in these Terms and Conditions are reserved to EXCELGUN and its licensors.
Trademarks
“EXCELGUN”, and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of EXCELGUN or their respective owners. Access and use of the Service do not grant or provide you with the right or license to reproduce or otherwise use the EXCELGUN name or any EXCELGUN or third-party trademarks, service marks, graphics, or logos.
Privacy
Use of the Service is also governed by our Privacy Policy, a copy of which is located at https://excelgun.com/privacy-policy. By using the Service, you consent to the terms of the Privacy Policy.
Notice for Claims of Copyright Violations
If you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to EXCELGUN pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
- an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Please consult your legal counsel for further details or see Section 51 of The Copyright Act, 1957. In case of any claims related to copyright infringement please email us at: support@excelgun.com
Governing Law and Arbitration
These Terms and Conditions, its subject matter, and EXCELGUN’s and your respective rights under these Terms and Conditions shall be governed by the laws of India and you agree that EXCELGUN shall decide which court will have exclusive jurisdiction over any dispute (contractual or non-contractual) concerning these terms.
Miscellaneous
These Terms and Conditions constitute the entire agreement between EXCELGUN and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by EXCELGUN or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. EXCELGUN may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of EXCELGUN and you, and EXCELGUN’s and your respective successors and permitted assigns.
Last Updated: 05 July 2021