IOTEX Systems Pvt. Ltd. (Herein after referred to as 'IOTEX') services and products, which are made available on the iotex.com website and its sub-domains, and any other software or services offered by IOTEX in connection with any one of its products/services, can be availed by any interested party (party shall mean and include all person/s, company/ies, partnership firms or any other legal entity/ies etc, who are beneficiary/s of the products and services of IOTEX ) subject to the acceptance of the terms and conditions mentioned herein below as well as all the rules, regulations and laws in force or modified or amended from time to time and are made applicable to the services and operations of IOTEX.
TERMS AND CONDITIONS OF THE AGREEMENT FURTHER WITNESSED AS BELOW:
a) IOTEX'S Assurance : We assure you that we will make best possible efforts on our part to make our products and service/s as best as we can. However, usage of our services/product/s by you is your sole discretion and we therefore, request you to satisfy yourself fully regarding the suitability of the products/services used by you.
b) Account on the Site and its Security: If you create any account/s on the Website or avail any services available thereon, you will be solely responsible for maintaining the security of the said account as well as all the activities done through the said account. IOTEX will be neither responsible nor liable for any acts of omission/s or commission/s, including any damages of any sort resulting from any of your acts. However, it shall be your responsibility to immediately notify IOTEX of any unauthorized uses of the said account or any other breaches of security.
c) Denial of Access: Without limiting any of the above representations or warranties, IOTEX has all the right/s, in its sole discretion to terminate or deny access to and use of the use of its services to any individual or entity for any reason as per the sole discretion of IOTEX. In case iotex initiates any such step, it will not be under any obligation to refund any amount/s previously paid by anyone to IOTEX, in relation with their services, or use of IOTEX facilities.
d) Intellectual Property: By the present agreement, IOTEX has not transferred to you any of its or any third party intellectual property rights nor does it promise to do so.
e) Changes: IOTEX reserves the right, at its sole discretion, to modify or replace any part of this Agreement and the same will also be binding on you. It is your responsibility to check this Agreement periodically for changes. Your continual use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes by you. IOTEX may also, in the future, offer new services and/or features through the Website (including, the release of new products, services, tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement or any modification of terms and conditions, effected by IOTEX at the relevant time and will also be binding on you, in case you avail the same.
f) Termination: IOTEX may terminate your access to all or any part of the Website and its subdomains at any time, with or without cause or notice, effective immediately and you shall have no grievance/s, claim/s etc for the same. However, if you wish to terminate this Agreement or your iotex.com account (if you have one), you may simply discontinue using the Website.
g) Disclaimer of Warranties: The Website is provided on "as is" basis. IOTEX and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither IOTEX nor its suppliers and licensors, makes any warranty that the Website, its products or services will be error free or that access thereto will be continuous or uninterrupted.
h) Limitation of Liability: IOTEX or its supplier/s or licensor/s or anyone associated with IOTEX in relation to the services/facilities, provided under this agreement, will not be liable for any claim of any sort from you or anyone claiming through or on your behalf for negligence, strict liability or other legal or equitable reliefs etc, including :-
i) General Representation and Warranty: You represent and warrant that:
j) Purchases & Refunds: Products purchased at the iotex.com website are non-returnable and non-refundable. Services purchased at the iotex.com website or through any IOTEX mobile application are non-refundable.
k) Indemnification:You agree to indemnify and hold harmless IOTEX, its contractor/s, and its licensor/s, and its respective director/s, officer/s, employee/employees and agent/s from all claims and expenses, including attorney fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
l) Jurisdiction: For any dispute/s, whatsoever, arising out of or in relation with the present agreement, the courts in New Delhi, India will have jurisdiction for adjudicating and deciding the same.