These terms and conditions document (“Terms and Conditions”) governs Xpertica services used by the Users (as defined below).
1 .1. Xpertica provides an integrated web event management software platform enabling Users (as defined below) to create, manage and promote their events. Xpertica, through its control panel accessible via web by Users, allows to:
1.2. Xpertica is owned and operated by Xpertica, registration number 211000817562 and GST 19AYCPS6379Q1Z8, with registered office in 85A, RAJA SUBODH CHANDRA MULLICK ROAD, NAKTALA, Kolkata, West Bengal, 700047, email: [email protected]
2.2. For the purposes of these Terms and Conditions, by:
4.1. With the exact fulfillment of the obligations referred to in Clause 5 of these Terms and Conditions, Users can make use of the following services offered by Xpertica:
4.2. The detailed description and the full capabilities of the Services and their prices are available at www. xpertica.net.
4.3. Xpertica may, from time to time, modify the Services and add, modify or remove features or functionality from the Services. In the event that the amendment to the Services determine the changes to the prices, Xpertica will communicate these changes to users who will have a grace period of thirty (30) days in order to cancel his/her subscription at no charge, by sending an email to the following address – [email protected] In absence of such notification, the changes, updates and/or changes to the Services or their prices will be considered accepted.
5.1. By registering through the Site, or using Xpertica Services, Users agree to, and undertake to comply with, these Terms and Conditions.
5.2. Users agree to pay the price of the services provided through the method of payment permitted on the Site in connection with the Services selected, and comply with the obligations listed below. Specifically with regard to annual subscriptions with monthly installment payments, users agree to accept the monthly payment on their credit card or via Paypal “Transaction Reference” for the duration of the signed contract. The cancellation of monthly payments can be made at any time by contacting Xpertica and requesting a single solution payment of the remaining amount.
5.3. The User shall:
– Provide true and complete information about himself/herself as required by the on-line registration Form;
– Conserve diligently the provided password to access his/her account, of which security and privacy, the User is solely responsible. If the Users suspects an unauthorized access to their account by third parties, the user is asked to immediately contact Xpertica at the following email address [email protected] and change their password as soon as possible .Xpertica assumes no responsibility for any damage resulting from the non-diligent custody of the password and users account;
– Not transmit or induce others to transmit, upload, or otherwise make available through the Site any content (i) that is unlawful, defamatory, or damaging another’s privacy or third parties rights; (ii) that is false, inaccurate or misleading or otherwise damage the rights of consumers; or (iii) that constitute infringement of patent, trademark, trade secret, copyright or other intellectual property rights of third parties;
– Use the Services in accordance with applicable law;
– Not transmit, upload, or otherwise make available viruses, advertisements, promotional materials unsolicited or unauthorized, including all forms of spam; – declare to have received from each and all contacts/invitees uploaded to the platform express consent for receiving information by the User and any consent and permission required by the law from time to time applicable;
– Not modify or alter the Services and not cause any harm to the their integrity;
– Not use the services in a different way than the one they were intended to;
– Outside the cases expressly permitted not rent, loan, resell, sublicense or otherwise distribute the Services; not use the Services to provide or make operational marketing services, training and outsourcing or consulting, or to develop a product that competes with the Services; not allow any third party to access or use the Services without the written permission of Xpertica.
5.4. The User is and shall remain solely responsible for the processing of the personal data of the attendees, the invitees and guests to his/her events and with respect to any information, materials, advertising, image or other content transmitted to the invitees, to registrants and invitees to events through Services before, during and after the execution of the Events themselves.
5.5. Xpertica may restrict, suspend or terminate the account of any User who abuses or improperly uses the Services. The closing of an account on Xpertica determines the loss of the access to Services.
6.1. Xpertica can, on request, and for a separate price at its sole discretion, provide additional services to the User beyond the functionality of the Site, including, but not limited to, the rent of Tablet or other terminals for check-in and other equipment, the provision of consultants and staff to assist the user in the date of his/her event and the provision of dedicated account management.
6.2. All additional services, provided before, during or after the User event, will be considered part of the Services and subject to all this terms and conditions (“T&C”) unless otherwise expressly waived by specific contracts relating to these additional services.
7.1. The Services may provide, or third parties may provide, links to other Web sites or Internet resources. Since Xpertica has no control over such sites and resources, you acknowledge and agree that Xpertica is not responsible for such websites and resources, and assumes no liability and is not responsible or obligated for any Content, advertising, product, service or other materials that are on such websites or resources.
7.2. You acknowledge and agree that Xpertica is not responsible or liable for any loss or damage caused, or alleged caused by or in connection with the use of, or reliance on such Content, advertising, products, services or other material available on or through any such sites or resources.
8.1. The Site, Services and related software are owned and operated by Xpertica. All rights and intellectual property rights in the Site, the Services and the related software are and will remain Xpertica and/or its licensors’ property.
8.2. With these Terms and Conditions Xpertica grants Users a non-exclusive and non-transferable right to use the Software only for the use of the Services. The User shall have no right to modify, adapt, or convert the Software or create derivative works of the Software, except configure the Software through menus, options and tools provided for such purposes and contained in the Services. Except when permitted by the law, it is prohibited any activity of reverse engineering and any extrapolation of the source code of the Software. If You want to exercise rights of reverse engineering in order to ensure interoperability in accordance with applicable law, the User will inform Xpertica in writing and allow Xpertica, at its discretion, to make an offer to provide the information and the support for a price that will be mutually agreed between the parties.
8.3. The name “Xpertica”, the domain name xpertica.net, trademarks, logos and other distinguishing marks used in connection with the Services are property of Xpertica or its licensors. Xpertica allows the User to use such marks, logos and other distinguishing marks that include the word “Xpert” to refer exclusively to the use of the Services in accordance with these Terms and Conditions hereby. Any use of the name “Xpertica” of related marks, logos and other distinguishing different and additional to that provided in this clause shall be expressly authorized in writing by Xpertica.
8.4. Users are the only holders of any data, material, information provided to Xpertica in connection with the use of the Services. Users are responsible of any content provided to Xpertica and any activity related to his/her own account. Users, for the duration of the contract with Xpertica, grant Xpertica the non-exclusive, transferable, valid worldwide right to reproduce, modify, publish or otherwise use any content provided in connection with their use of the Services as described in these Terms and Conditions.
9.1. These Terms and Conditions shall take effect from the payment of the price for the use of the Services and will remain valid for a period of twelve (12) months. The contract between Xpertica and the User will be renewed for a similar period under the same terms and conditions unless cancelled in written, by either party, with a notification to be sent, to the other party at least one month before the deadline. Each Party shall have the right to terminate the contract at any time upon thirty (30) days.
10.1. Users qualified as Consumers have the right to cancel the contract without penalty and without specifying the reason, within fourteen (14) days of the completion of the registration process through the Site, by sending a clear statement at the headquarters of Xpertica by mail, fax or email (for this purpose, you can use the withdrawal form available on our website). Xpertica will refund the payments received by Consumers no later than fourteen (14) days after the notification stating the termination of the contract. If the consumer has requested to begin the performance of services during the withdrawal period indicated above, the Consumer shall pay an amount proportional to what is provided until the time of communication, by the Consumer, of the termination of the contract.
11.1. Xpertica does not guarantee that the operation of the Site or the Services will be uninterrupted or flawless.
11.2. The User expressly acknowledges that Xpertica is not responsible for the actions, content, information data of the Users or third parties, and agrees to indemnify Xpertica, its affiliates, its directors, employees and agents from any claim, complaint, request for damages related to the content, actions, information or third-party data.
11.3. Xpertica will never be liable or responsible for the consequences arising from the breach by the Users of the obligations set out in Section 5 above, including violation of the law applicable to the processing of personal data of the attendees, of registrants and invitees in the Events (including disclosure requirements and consent to the processing of such data), in which the Users are data controllers. Users agree to indemnify Xpertica from any and all liability arising from the breach by the User, of these Terms and Conditions, including any infringement of the rules applicable to the processing of personal data of the attendees, the registrants and invitees of the Events.
11.4. Xpertica does not produce or organize events. Therefore, any form of direct or indirect responsibility related to the events will be sole responsibility of the organizers or attendees of the Events.
11.5. None of the provisions in these Terms and Conditions imply that Xpertica may be regarded as held obliged to perform any surveillance activity on the information stored or transmitted, or to actively seek facts or circumstances indicating the presence of legally or contractually illicit activities. In any case the rights of Xpertica recognized under Community law and national legislation are granted at any time.
11.6. Users acknowledge that Xpertica does not control the Contents provided by Users or any third party in connection with the Services, but that Xpertica, and its designees, shall have the right (but not the obligation) in its sole discretion to (i) monitor, alter, modify, or remove any User Content, in whole or in part, and/or (ii) cancel and terminate Users’ right to use the Services at any time (with or without notice) for any or no reason.
11.7. Users acknowledge and agree that Xpertica can keep User Content and may also disclose it for any reason, including, for example, but not limited to any requirement by law or in the good faith belief that such preservation or disclosure are reasonably necessary to: (a) comply with a judicial proceeding; (b) enforce these T & C; (c) respond to claims that any User Content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Xpertica, its users and/or the public audience.
12.1. Governing Law and Jurisdiction. These Terms and Conditions are governed by Indian law and shall be interpreted in accordance with the laws of India, with the exclusion of the rules of private international law that may apply. Any dispute arising from the interpretation, validity or enforcement of these Terms and Conditions or arising between Xpertica and Users, will be subject to the exclusive jurisdiction and binding of the Court of West Bengal.
12.2. ADR. Users classified as Consumers have the right to promote alternative dispute resolution concerning the ratio of consumption where provided by applicable laws.
12.3. Additions and changes. These Terms and Conditions constitute the entire agreement between the parties and replace all prior or contemporary conditions, statement or representation, whether oral or written, concerning the matter. Xpertica expressly reserves the right to amend or add to these Terms and Conditions, and any changes or additions to the same will be published on the site. Users will be bound by such modifications or additions after their publication on the Site, except the right to terminate the contract with Xpertica with notice of thirty (30) days to be sent via email to the following email address – [email protected] In absence of such notification, the changes to these Terms and Conditions shall be considered valid and accepted.
12.4. Assignment. These Terms and Conditions and any rights and obligations hereby considered may not be assigned to others by users without the prior written consent of Xpertica.
12.5. Conservation. If any provision of these Terms and Conditions is declared unlawful, void, or unenforceable, that provision shall be modified to make it effective or otherwise eliminated, and shall not affect the validity of any remaining provisions.
12.6. Communications. For any information and assistance regarding the Services or use of the Site, you should contact Xpertica at the following email address: [email protected]
Kolkata, May 10, 2018