THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE.

Welcome to https://xyxxcrew.com/ (the “Website”), owned by XYXX Apparels Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at 406-414, Sangini B, Textile hub, Puna-Kumbharia Road, Surat- 395010 (hereinafter referred to as the “Company” or “We” or “Us” (and derivates)). The Company is engaged in the business of providing an e-commerce marketplace via. the Website for listing, sale, distribution and shipping of mens’ apparels including, but not limited to, innerwear and loungewear (the “Products”) and related services provided on the Website.

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time and will notify you at least once in a year, or whenever there is a change in the Terms of Use, as the case may be by email or by posting a conspicuous notice on the Website in the event of any material revisions to these Terms of Use (“Terms”). Your continued use of the Website following the incorporation of such changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website.

You should read these Terms and access and read all further linked information, if any, referred to in these Terms, as such information contains further terms and conditions that apply to you as a user of the Website. Such linked information including but not limited to the Company’s privacy policy (“Privacy Policy”) is hereby incorporated by reference into these Terms.

For the purpose of these Terms, wherever the context so requires, the term:

  • User” shall mean any person who (i) simply accesses or browses the Website; or (ii) uses the Website for the purpose of purchasing the Products listed on the Website and is registered on the Website in accordance with the terms contained herein.
  • Order” shall mean receipt of the order from the User of the Product in accordance with the Terms.
  • Force Majeure Event” shall mean any event that is beyond the reasonable control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, foreign or governmental order including orders of lock-down, quarantine, an outbreak of an epidemic, pandemic or other communicable diseases, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, and any other similar events not within the control of the Company and which the Company is not able to overcome.

1. MEMBERSHIP ELIGIBILITY

Use of the Website is available only to such persons who can enter into legally binding contracts under the Indian Contract Act, 1872. In case of a natural person, persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents and persons of unsound mind, are not eligible to use the Website. Any person under the age of 18 shall not register on the Website and shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. The Company reserves the right to terminate any person’s membership in accordance with these Terms and/or refuse to provide such person with access to the Website if it is brought to the notice of the Company or if the Company discovers for itself that such person is not eligible to use the Website.

2. ACCEPTANCE OF TERMS

2.1 The User is required to carefully read these Terms, as it contains the terms and conditions governing the User’s use of the Website and any content such as text, data, information, software, graphics, audio, video or photographs etc. that the Company may make available through the Website along with any services that the Company may provide through the Website. By further accessing or using the Website, the User is agreeing to these Terms and entering into a legally binding contract with the Company. The User may not use the Website if the User does not accept the Terms or is unable to be bound by these Terms.

2.2 In order to use the Website, the User must first agree to these Terms. The User can accept these Terms by:

  • 2.2.1 Signing up with the Company and logging onto the Company by using the Login Credentials (defined below);
  • 2.2.2 Actual usage of the Website. In this case, the User understands and agrees that the Company will treat the User’s use of the Website as acceptance of these Terms from that point onwards; or
  • 2.2.3 By clicking to accept these Terms, if and when prompted on the Website.

3. OPENING AN ACCOUNT

3.1. The Website may, at it its own discretion, allowonly limited and restricted access to the services for unregistered Users.

3.2. In order to use the Website, as part of the sign-up process, the User will have to create an account on the Website (“User Account”), which can be done by providing/ using e-mail address and password and/or such other login credentials that are adopted by the Company from time to time and duly intimated to the User.

3.3. While signing-up with the Company to use the Website, the User shall not:

  • 3.3.1 create a User Account for anyone other than the User, unless such person's prior permission has been obtained;
  • 3.3.2 use a User Account that is the name of another person with the intent to impersonate that person; or
  • 3.3.3 create more than one User Account on the Website.

3.4. The Company cannot and will not be liable for any loss or damage arising from the User’s failure to comply with this Clause.

3.5. The User hereby confirms and undertakes that the information provided by the User while signing-up is and will be true, accurate, up-to-date, and complete at all times. The User agrees that if the User provides any information to the Company that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate, not up-to-date or incomplete, the Company shall have the right to indefinitely suspend or terminate or block access to the User Account on the Website and refuse to provide the User access to the Website.

3.6. Once registered, the User can log in to the User Account by using the e-mail address and password provided at the time of signing-up (“User Login Credentials”).

3.7. If the User does not want to create a User Account on the Website, the User, as an unregistered user, is permitted to make purchases on the Website without creating an account by using the option of ‘Guest Checkout’. In order to avail this ‘Guest Checkout’ option, the User shall be required to provide the Company with accurate and complete details of the User’s e-mail address, mobile number and shipping address. The User understands that, as an unregistered user, the information the User provides will not be saved on the Website and the User will be required to re-enter such information every time the User uses ‘Guest Checkout’ option on the Website at the time of purchase. The Company cannot and will not be liable for any loss or damage arising from the User’s failure to comply with this Clause.

4. ACCOUNT CONFIDENTIALITY OBLIGATIONS

4.1 The User agrees that the sole responsibility of maintaining the security and confidentiality of the User Login Credentials rests with the User at all times. The User shall not share these User Login Credentials with any third party and the Company shall not be liable for any loss or damage arising from such breach.

4.2 The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Website and the User Account.

4.3 The User is solely responsible for all activities that occur under the User Account and/or the User undertakes on the Website and hereby undertakes that no such activity shall be unlawful or in violation of any applicable laws, rules and regulations of India.

4.4 In no event and under no circumstances shall the Company be held liable for any liabilities or damages resulting from or arising out of the User’s use of the Website or the User Login Credentials, theft of the User Login Credentials or release by the User of the User Login Credentials to a third party, or the User’s authorization to allow another person to access and use the Website using the User Account.

4.5 In case of any misappropriation or unauthorized access of the User Account, the User agrees to communicate the same to the Company immediately, in a manner indicated by the Company. The User shall further ensure that he/she exits/ logsout from the User Account at the end of each session. The Company shall not be liable for any loss or damage arising from the User’s failure to comply with this provision. The User may be held liable for any losses incurred by the Company or any other user of or visitor to the Website due to authorized or unauthorized use of the User Account, as a result of his/her failure in keeping the Login Credentials confidential.

4.6 The User agrees that the information provided by the User to the Company, at all times (including during registration), will be true, accurate, up-to-date, and complete. The User further agrees that if he/she provides any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with these Terms, the Company shall have the right to indefinitely suspend or terminate or block access to the User Account on the Website and refuse to provide the User access to the Website. The User is advised to use due caution when providing any information to the Company accordingly.

5. SERVICES

5.1 The User will need to register and/or comply with these Terms (as applicable) in order to be able to use and access the services on the Website, which includes facilitation of the sale and purchase of Products listed on the Website and such other services as may be made available on the Website from time to time by the Company (“Services”).

5.2 The provision of Services on the Website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. The Company strives to keep the Website up and running; however, all online services suffer occasional disruptions and outages, and the Company isn’t liable for any disruption or loss the User may suffer as a result.

5.3 The Company may discontinue some or all of the Services provided on the Website, as it may deem fit, including certain features and the support for certain devices and platforms, at any time.

6. USE OF THE WEBSITE

6.1 The User agrees, undertakes and covenants that, during the use of the Website, the User shall not host, display, upload, modify, publish, transmit, store, update or share any information that

6.1.1 belongs to another person or entity and to which the User does not have any right;

6.1.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, sexually-explicit (including nudity, implied nudity, excessive visible skin or cleavage, even if not explicitly sexual in nature, and any images focused on individual body parts, even if not explicitly sexual in nature), paedophilic, libellous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, sensational, gory, depicting violence or threats of violence,  relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the laws in force in any manner whatsoever;

6.1.3 could be construed as divisive/stereotyping should be avoided if it could be interpreted as 'hateful' (Gender exclusive content is excluded from this, provided it is positive);

6.1.4 is harmful to children;

6.1.5 is misleading in any way;

6.1.6 involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

6.1.7infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity;

6.1.8 contains assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status. However, pro-equality content, particularly for gender and sexuality shall be permissible;

6.1.9 impersonates another person or provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;

6.1.10 provides information about any products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted. This could include promotion of tobacco or tobacco-related products, recreational or medical marijuana, bongs and rolling papers;

6.1.11 tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website;

6.1.12 engages in commercial activities without the Company’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.;

6.1.13 exploits controversial political or social issues for commercial purposes;

6.1.14 interferes with another user’s use of the Website;

6.1.15 refers to any website or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;

6.1.16 deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact;

6.1.17 serves to communicate fake, inaccurate or misleading information including fake inaccurate or misleading news or facts;

6.1.18 contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

6.1.19 threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

6.1.20 is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

6.1.21 contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information; or

6.1.22 violates any law for the time being in force.

6.2 The User agrees and acknowledges that (a) the User shall not use the Website for any illegal or unauthorized purpose; and (b) the User’s use of any information or materials on the Website is entirely at the User’s own risk, for which the Company shall not be liable. The User agrees to comply with all laws, rules and regulations applicable to the use of the Website. The User further agrees and acknowledges that the User shall use the Website to purchase products only for the User’s personal use and not for business purposes or any commercial exploitation.

6.3 The User shall not use anyone else’s account at any time and the Company shall not be liable for any claims arising out of such authorised or unauthorised use.

6.4 The Company shall have the right, but not the obligation, to monitor access to or use of the Website to ensure the User’s compliance with these Terms or applicable laws or other legal requirements, at its sole discretion.

7. USER’S POSTS AND REVIEWS

7.1 The Website may allow the User to post certain content, data or information belonging to the User, such as reviewing and allowing the User to share the User’s experience and views about a particular Product, rate Products, post the User’s comments and reviews in relation to contents and/or Products on the Website on specific pages of the Website, as well as submit/post any photos, videos, suggestions, comments, questions or other information to the Company using the Website (collectively referred to “User Content”).

7.2 The User, being the originator of the User Content, is responsible for the User Content that the User uploads, posts, publishes, transmits or otherwise makes available on the Website. The User represents that the User exclusively owns the copyright in the User Content and has obtained all relevant consents and approvals in order to post any User Content. The User further represents that all such User Content will be in accordance with applicable law. The User acknowledges that the Company does not endorse any User Content on the Website and is not responsible or liable for any User Content. The Company reserves the right to disable access to the User Content on the Website.

7.3 In case a third party appears in a User Content, the User confirms that the User has obtained prior consent of such third party before uploading or posting such User Content. The User further agrees that the User shall indemnify the Company against any and all claims raised by such third party with respect to the User Content.

7.4 The User hereby grants the Company a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content in any manner as deemed appropriate by the Company in any form including but not limited to print, broadcast, online and across any and all websites owned by the Company, any and all platforms owned by the Company on any social media channels including but not limited to Instagram, Facebook and Twitter.

7.5 The User represents and warrants that the User owns or otherwise controls all of the rights to the User Content that the User posts or that the User otherwise provides on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (a) the User Content is accurate; (b) use of the User Content the User supplies does not breach these Terms; and (c) such User Content is lawful.

7.6 The User further represents and warrants that while posting any User Content on the Website the User shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, the User shall not post any content on the Website that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

8. PAYMENT FACILITY

8.1 The Website permits payment via various modes, including cash on delivery (COD), virtual payment wallets and online payments through debit/credit cards and internet banking or any other method adopted by the Company from time to time.

8.2 While availing any of the payment method/s available on the Website, the Company will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:

8.2.1 Lack of authorization for any transaction(s);

8.2.2 Exceeding the pre-set limit mutually agreed by the User and between bank/s;

8.2.3 Any payment issues arising out of the transaction;

8.2.4 Rejection of transaction for any other reason(s) whatsoever.

8.3 The Company may, from time to time, at its sole discretion, offer you coupon codes for discounts against the purchases made by you from the Website. Your receipt of a coupon code for your purchase shall not entitle you to future discounts.

8.4 The payment shall be subject to tax liability and other deductions as per the applicable laws.

8.5 All payments made against the purchases on Website by the User shall be compulsorily in Indian Rupees. It is expressly clarified that the Company will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.

8.6 At the time of delivering the User’s Order, the User may be required, in certain cases, to provide supporting documents (including but not limited to identification and address proof issued by the Government of India). This is done in the interest of providing the User with a safe online shopping environment.

8.7 If the User purchases the Products using the cash on delivery (COD) and/or the ‘Guest Checkout’ option(s) (as applicable), upon delivery of the Products, the User is not permitted to refuse receipt of such Products. In the event that the User refuses receipt of such delivered Products and/or does not pay for the same, the Company reserves the right to blacklist the User and block access to the Website and/or the User Account on the Website (as the case may be) and/or take any other action as the Company may deem fit.

8.8 The User acknowledges that the Company will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond the control of the Company.

9. SHIPPING

  • If the User purchases the Products using the cash on delivery (COD) and/or the ‘Guest Checkout’ option(s) (as applicable), the orders placed will be verified before dispatch through via. e-mail or multimedia text messages as SMS, WhatsApp, or phone calls from the Company on the User’s e-mail address or mobile number. If the order is not verified within 2 days of placing the order, it shall stand automatically cancelled.
  • The shipping charges for the delivery of the Order will be borne by the User and the shipping charges shall be as set forth in [---]. The Company reserves the right to accept or reject an Order placed on the Website in part or in full. The Company will notify the User of its acceptance of the Order on the email address (provided at the time of registration or purchase), as soon as possible by confirming receipt of the Order placed and dispatch of the same. The Company may also require additional verification or information before accepting any Order. All decisions in relation to the acceptance or rejection made by the Company shall be final and binding. The User agrees not to challenge such decision in any manner whatsoever.
  • All Orders shall be packed in accordance with the Company’s standard practices. The Company shall not accept and cannot accommodate any special requests for custom containers, packing, crating, boxing or bundling.
  • As soon as an Order is dispatched, the Company shall send a shipping confirmation and contact the User via. e-mail or multimedia text messages as SMS, WhatsApp, Facebook messenger or phone calls from the Company on the User’s e-mail address, mobile number and other third party websites/modes with the delivery details or in such other manner as may be deemed fit by the Company. The User, if a registered user, can track the Order using the Website and can also track the Order by visiting the ‘Order History’ page under the User Account.
  • Once the Order has been placed, the User agrees and acknowledges that the User cannot modify the Order. It is however clarified that the User may amend the shipping address by notifying the Company in writing any time before the User’s Order has been packed for dispatch. The standard timeline for delivery of Orders placed on the Website across India is [---] business days. If the Company is of the opinion that the dispatch time may take more than that indicated on the Website, the Company will inform the User of a new dispatch time. At that point, if the new dispatch time is not acceptable to the User, the User can choose to cancel the Order, in the manner indicated by the Company, and get the Order amount refunded in accordance with these Terms.
  • Requests for specific time/date delivery are subject to dispatch of the Products from the warehouse and service availabilities by the courier partner.
  • Notwithstanding anything to the contrary contained hereinabove, during high season and sale, shipping of Products may take a little longer.

10. CANCELATIONS

The Company reserves the right to cancel any Order at any time, with or without notice to the User at its sole discretion. Upon cancellation, the Company shall notify the relevant User and accordingly initiate a refund for any amount processed in accordance with the return and refund policy available at [---].

11. REWARDS PROGRAMS, SUBSCRIPTIONS AND PROMOTIONS

To the extent you participate in any promotional programs offered by the Company, (each, a “Program”) the applicable terms and conditions of such Program as may be notified on the Website from time to time shall continue in full force and effect. With respect to the Program, points that are awarded through the Program to youcan be redeemed solely on the Website as per the terms governing the relevant Program. Subject to the terms of the Program, such points may be applied to one time purchases or subscriptions. Rewards points can not be used in junction with other promotions or discounts. Rewards points cannot be redeemed for any monetary value.

12. AGREEMENT TO RECEIVE COMMUNICATION

The User hereby by way of accepting these Terms consents to the receipt of communication from the Company by way of Short Message Service (SMS) messages, e-mails, promotional, marketing calls and newsletters. These emails could relate to the User’s registration and/or transactions that the User carries out through the Website and promotions that are undertaken by the Company, Services from the Company and its third-party partners.

13. LINKS TO THIRD PARTY WEBSITES

13.1 The Website may contain links and interactive functionality interacting with the websites of third parties. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, the Company strongly recommends that the User reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

14. Representations

The User hereby represents and warrants that the User has validly entered into these Terms and has the legal power to do so. The User further represents and warrants that the User shall be solely responsible for the due compliance with these Terms.

15. LIMITATION OF LIABILITY

15.1 The User hereby acknowledges that the Company shall not be held liable to the User for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues.

15.2 The Company shall also not be liable under any circumstance for damages arising out or related in any way to (a) any errors, mistakes, or inaccuracies of content; (b) any unauthorized access to or use of the secure servers and/or any and all personal and/or other user information stored therein; (c) any interruption or cessation of transmission to or from the Services on the Website or the failure of the Services to remain operational for any period of time; (d) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party; (e) any loss of the User’s data arising from any use of or inability to use any parts of the Website; (f) the User’s failure to keep User Login Credentials or User Account details secure and confidential; (g) non-availability of the Services in certain geographical areas; and/or (h) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via. the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.

15.3 The Company shall not be liable under any circumstances for damages arising out of or in any way related to Products, Services and/or information offered or provided by third-party vendors, through the Website.

16. DISCLAIMER OF WARRANTIES

16.1 THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE WEBSITE (COLLECTIVELY, THE "CONTENTS") ARE PROVIDED BY THE COMPANY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE WEBSITE IS AT THE USER’S SOLE RISK. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

17. INDEMNIFICATION

The User shall indemnify and hold harmless the Company, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

18. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

18.1 Other than (a) User Content, and (b) the trademarks, logos and service marks displayed on the Website that are the property of the Company or other third parties, the Company solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Company’s services provided on the Website and Contents (“Website Content”) and is protected under Indian law.

18.2 Through the User’s use of the Website, by no means are any rights impliedly or expressly granted to the User in respect of such Website Content. The Company reserves the right to change or modify the Services and/or the Website Content (as the case may be) from time to time at its sole discretion.

18.3 The User hereby acknowledges that the Website Content and the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company and such others. The User thereby agrees to protect the proprietary rights of the Company and such others during and after the term of these Terms. The User may not selectively download portions of the Website without retaining the copyright notices. The User may download material from the Website only for the User’s own personal use and for no commercial purposes whatsoever.

18.4 The User shall use the Website strictly in accordance with these Terms, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Website; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Website; (c) violate any applicable laws, rules or regulations in connection with his/her access or use of the Website, including his/her use of any Website Content; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Website; (e) use the Website for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Website or other services; (g) use the Website for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms; (h) use the Website for creating a service or software that is directly or indirectly, competitive with the Website or any Services; or (i) derive any confidential information, processes, data or algorithms from the Website.

18.5 Any infringement shall lead to appropriate legal proceedings against the User at appropriate forum for seeking all available remedies under applicable laws of the country.

19. TERMINATION OF ACCESS TO SERVICES

19.1 The User Account can be terminated at any time by:

  • 19.1.1 the User, by requesting for such termination/deactivation of his/her User Account by sending an email at support@xyxxcrew.com; or by
  • 19.1.2 the Company, in its sole discretion, for any reason or no reason including the User’s violation of these Terms or lack of use of Services.

19.2 The User acknowledges that the termination of Services may come into effect without any prior notice, and the Company shall thereafter, immediately deactivate or delete the User Account and all related information and/or bar any further access to the User Account or the Services, subject to applicable law. Further, the User agrees that the Company shall not be liable for any discontinuation or termination of services by any third party.

19.3 The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

20. PRIVACY POLICY

The personal information / data provided by the User to the Company during the course of usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If the User objects to his/her information being transferred or used, the User is advised not to use the Website.

21. SEVERABILITY AND WAIVER

These Terms, the Privacy Policy and other referenced material herein or on the Website, are the entire agreement between the User and the Company with respect to the Products and Services offered on the Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the User and the Company with respect thereto and govern the future relationship. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

22. ASSIGNMENT

It is expressly agreed by the parties that the Company may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to the User, except to the extent provided by law.

23. GOVERNING LAW & DISPUTE RESOLUTION

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Surat, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Surat, India.

24. GRIEVANCE REDRESSAL MECHANISM

Any grievances that you may have may be taken up in accordance with the Company’s grievance policy available at https://xyxxcrew.com/pages/grievance-redressal.

25. HOW TO CONTACT US

If the User has questions or concerns about these Terms, the User may contact the Company at support@xyxxcrew.com