This website operating under the name of uExcelerate is registered under the name of UEX LEARNING TECHNOLOGY Pvt. Ltd. The Terms and Conditions displayed on this website, and the content and services available on or through any of the foregoing, shall hereinafter be referred to as the “Agreement” provided to you (“Customer”) by uExcelerate.
BY VISITING UEXCELERATE OR USING OUR SERVICES, ACCESSING OR USING OUR SERVICES, YOU AGREE THAT YOU ARE LAWFULLY COMPETENT AND ABLE TO ENTER INTO THE TERMS,
CONDITIONS, OBLIGATIONS, REPRESENTATIONS, AND RESPONSIBILITIES SET FORTH IN
THESE TERMS OF SERVICE MAY BE AMENDED FROM TIME TO TIME, AND TO ABIDE AND COMPLY WITH THESE TERMS. UEXCELERATE MAY UPDATE AND CHANGE ANY OR ALL OF THESE
TERMS AT ANY TIME. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS PERIODICALLY, AND CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGES HAVE BEEN MADE AND POSTED SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.
IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF AN ENTITY, SUCH AS YOUR EMPLOYER OR THE COMPANY YOU WORK FOR, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND, AND DO HEREBY BIND, THAT ENTITY TO THESE TERMS.
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND USING THE SERVICES IN ANY MANNER, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY SUCH TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE SERVICES.
IF YOU DO NOT ABIDE BY THE PROVISIONS OF THESE TERMS & CONDITIONS, EXCEPT AS WE MAY OTHERWISE PROVIDE FROM TIME TO TIME, YOU AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR RESTRICT ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR SERVICES, WITH OR WITHOUT NOTICE.
YOU MUST EXERCISE CAUTION, GOOD SENSE AND SOUND JUDGMENT IN USING THE SERVICES. YOU ARE PROHIBITED FROM VIOLATING OR ATTEMPTING TO VIOLATE, THE SECURITY OF THE SERVICES. ANY SUCH VIOLATIONS MAY RESULT IN CRIMINAL AND/OR
CIVIL PENALTIES AGAINST YOU. UEXCELERATE WILL INVESTIGATE ANY ALLEGED OR SUSPECTED VIOLATIONS AND IF A CRIMINAL VIOLATION IS SUSPECTED, UEXCELERATE MAY CONTACT AND/OR COOPERATE WITH LAW ENFORCEMENT AGENCIES IN THEIR INVESTIGATIONS.
Term. This Agreement will start on the effective date set forth on the first executed Order and, unless terminated earlier in accordance with this Agreement, will continue until the end of the last Subscription Term (as defined in the applicable Order) or the earlier termination of all applicable Orders. If the Customer has selected a demonstration subscription on the uExcelerate online ordering page then this Agreement will start on the date the uExcelerate Service is first made available to the Customer and will terminate thirty (30) days thereafter (the “Trial Subscription Term”). uExcelerate may terminate the Trial Subscription Term for convenience at any time upon notice to Customer including if in our sole determination you violate any provision of this Agreement, commit an illegal activity or fraud using our Services, or on the request of law enforcement or other government agencies, or for no reason.
a. Effect of Termination. Upon the effective date of expiration or termination of this Agreement for any reason: (i) all outstanding Orders, statement of works (“SOW(s)”), and access to uExcelerate will automatically terminate; (ii) all outstanding payment obligations of Customer become due and payable immediately; and (iii) upon thirty (30) days from the date of termination, uExcelerate will have no further obligation to store or permit retrieval of such data. You understand and agree that there shall be no refunds to you after cancellation for any portion of unused Services or time on the subscription. The following provisions will survive the expiration or termination of this Agreement for any reason: Sections 1.b, b, and 3 through 6.
Customer agrees to indemnify, defend and hold uExcelerate and its subsidiaries, affiliates, officers, directors, agents, employees, and licensors, harmless from and against any and all claims, costs, damages, and expenses, including reasonable attorneys’ fees, arising out of or in connection with any claim brought against uExcelerate by a third party relating to Customer’s breach of these Terms, violation of any law, or your violation of the rights of a third party, including the infringement by Customer of any intellectual property or another right of any person or entity. These obligations will survive any termination of the Terms.
a. Disclaimer. The Services provided by uExcelerate are made available on “as is” without warranty or representation of any kind, including (without limitation) warranties, terms or conditions as to the satisfactory quality, fitness for purpose, or compliance with any description or generally as to the quality of our Services, Data, third party content or any information obtained using our Services. We do not represent or imply that we endorse or take responsibility for any Data posted or about the accuracy and correctness of any Data posted, and are not responsible for, controlling how or when our Services are used. We do not assume any liability for monitoring the Services for content that is offensive, indecent, or otherwise objectionable, as well as content containing harmful content, viruses, technical inaccuracies, omissions, or typographical errors. We are not responsible for actions or information of our Customer(s) and third parties and are not obligated to control such actions. Our Services may provide links that permit you to access or interact with third-party sites. UExcelerate has no control over the accuracy of such information, and Data on our Site may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, accuracy, quality, copyright compliance or legality, or any resulting loss or damage. Customers understand and agree that we are not liable for any kind of damages, losses, or action arising directly or indirectly, due to access and/or use of the Data.
Limitation of Liability. In no event shall uExcelerate, its subsidiaries, affiliates, officers, directors, agents, employees, and licensors be held liable for any direct, indirect, punitive, incidental, special, or consequential damages, lost profits, lost data, goodwill use, or other intangible losses, relating to, arising out of or in any way in connection with our Terms and Services or any Data posted on our Site by the Customer. The maximum liability of uExcelerate shall not be more than the amount paid by the Customer during the last 12 months period prior to the date of the claim arose.