Use of the Services by User
Notwithstanding anything else contained in any other agreement involving you and Xavier Board and/ or any other third party, in order to ensure that we are not violating any right that you might have in your Registration Data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data that you have supplied to us.
Any amendment or rectification of your Registration Data in the User account can be carried out by accessing the “User account” section on the Website. You may choose to delete any or all of your User content/ information or even the User account at any time. Processing such deletion may take some time, but the same shall be done by Xavier Board. We may maintain backup of all User content for such time as may be required under applicable laws and for operational purposes of Xavier Board. You are solely responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure on your part to protect your login ID or password or any other credential pertaining to your account. You should take all necessary steps to ensure that the password is kept confidential and secure.
You understand and undertake that you shall be solely responsible for your Registration Data and User content and undertake to, neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
- Belongs to another person and to which you do not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- Harms minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights of any person or entity anywhere in the world;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonates another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
- Is illegal in any other way.
You agree and understand that Xavier Board reserves the right to remove and/or edit such detail/ information. If you come across any information as mentioned above on the Website, you are requested to immediately contact our Grievance officer.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) on this Website.
Xavier Board may share any Content (defined hereinafter) generated by the User or their Registration Data with governmental and regulatory agencies who are lawfully authorised for investigative, protective and cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, investigation, prosecution pertaining to cyber security incidents and punishment of offences under any law for the time being in force.
Content in the Services
Xavier Board reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
Xavier Board reserves the right to moderate, publish, re-publish, and use all User generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favorites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. Xavier Board is not liable to pay royalty to any User for re-publishing any content across any of its platforms.
If you submit any material on the Website, you agree thereby to grant Xavier Board the right to use, moderate, publish any such work worldwide for any of its product(s), whether owned or affiliated.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, your use of the Services will be at your own risk.
You agree that you are solely responsible for (and that Xavier Board has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Xavier Board may suffer) by doing so.
You acknowledge and agree that Xavier Board owns all legal and proprietary right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Xavier Board and that you shall not disclose such information without Xavier Board’s prior written consent.
Unless you have been expressly authorized to do so in writing by Xavier Board, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
Exclusion of Warranties
You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an “as is” and “as available” basis.
In particular, Xavier Board do not represent or warrant to you that:
- The information or Contents provided on the Website are accurate, complete and updated;
- Your use of the Services will meet your requirements;
- Your use of the Services will be uninterrupted, timely, secure or free from error;
- Any information obtained by you as a result of your use of the Services will be accurate or reliable; and
- That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
Xavier Board further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Representations and Warranties of User
The User hereby represents and warrants:
- That the all the information and documents pertaining to his/ her identity and address proof are true and genuine and are not fabricated or doctored in any way whatsoever; That the User shall hold and keep Xavier Board, its promoters, directors, employees, officials, agents, subsidiaries, affiliates and representatives harmless from any liabilities arising in connection with any incidental or intentional discrepancy that is found to be there in the documents submitted by such user;
- That User/ seller shall be solely responsible for understanding and complying with any and all applicable laws relevant to the User and their business, and any liability, whether pecuniary or otherwise, arising from any non-compliance of such applicable laws shall be at the sole cost and risk of such User;
- That all data, information, inventions, intellectual properties (including patents, trademarks, copyrights, design and trade secrets), know-how, new uses and processes, and any other intellectual property right, asset or form, including, but not limited to, analytical methods, procedures and techniques, research, procedure manuals, financial information, computer technical expertise, software for the purpose of availing of services of Xavier Board and any updates or amendments thereto is and shall be the sole intellectual property of Xavier Board and should in no way be construed to grant any rights and/ or title to the User in such intellectual property of Xavier Board;
- That the User/ seller shall accord adequate and timely co-operation in allowing Xavier Board to conduct audits, including for compliance with the Policies and provisions of applicable laws.
The User shall indemnify and hold Xavier Board , its affiliates, promoters, directors, employees, contractors, licensors and agents and any other related or third parties involved with Xavier Board in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:
- Fraud, negligence and willful misconduct by the User in the use of the Services;
- Violation of applicable laws in the use of the Services and/ or in the conduct of the business of the User;
- Disputes raised by a User’s customer in relation to a transaction where such dispute is not attributable to the Services;
- Penalties, fines, charges, or any other actions as a result of breach or violation of any the User’s representations and warranties; and
- Fines, penalties and charges imposed by the Acquiring Bank, Card Payment Networks or any Governmental Authority on account of transactions on the User’s website or platform that are in violation of applicable law.
Limitation of Liability
Subject to the overall provisions stated above, you expressly understand and agree that Xavier Board , its affiliates, promoters, directors, employees, agents and licensors shall not be liable to you for:
- Any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;
- Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services;
- The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
- Your failure to provide Xavier Board with accurate Registration Data; or
- Your failure to keep your password or account details secure and confidential.
The limitations on Xavier Board ‘s liability to you shall apply whether or not Xavier Board has/ had been advised of or should have been aware of the possibility of any losses to you.
Xavier Board shall not be in breach of its obligation hereunder if it is delayed in the performance of, or is unable to perform (whether partially or fully) its obligations (provide the Services) as a result of the occurrence of a Force Majeure Event (defined below).
Any payment obligations of Xavier Board , in case of a Force Majeure event, shall be limited by and be subject to the fulfillment of the payment obligations of the partners banks/ financial institutions, counterparties and any other parties involved in or intrinsically linked to the provision of the Services of Xavier Board .
The User may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/or relating to Xavier Board and its affiliates, marketing prospects, contractors, officers, directors or shareholders, personal data of customers of the User, financial and operational information, billing records, business model and reports, computer systems and modules, secure websites, reporting systems, marketing strategies, operational plans, proprietary systems and procedures, trade secrets and other similar proprietary information, including technical “know-how”, methods of operation, business methodologies, software, software and technology architecture, networks, any other information not generally available to the public, and any items in any form in writing or oral, clearly identified as confidential (“CONFIDENTIAL INFORMATION“).
The User hereby unconditionally and irrevocably agrees and undertakes to take all necessary measures to ensure that the User’s website or any other computer system that is being used to effect Transactions by the usage of Services. You further undertake that you shall be responsible for ensuring complete and absolutely privacy, anonymity and security of all customer data flowing through your systems during the usage of the Services by you.
Exceptions: The aforesaid confidentiality obligations shall impose no obligation on the User with respect to any portion of Confidential Information which:
- Was at the time received or which thereafter becomes, through no act or failure on the part of the User, generally known or available to the public;
- Was at the time of receipt, known to the User as evidenced by written documentation then rightfully in the possession of the User or Xavier Board ;
- Was already acquired by the User from a third party who does not thereby breach an obligation of confidentiality to Xavier Board and who discloses it to the User in good faith;
- Was developed by the User without use of the Xavier Board ‘s Confidential Information in such development; or
- Has been disclosed pursuant to the requirements of applicable law, any governmental/ regulatory authority, judicial/ quasi-judicial authority provided however, that Xavier Board shall have been given a reasonable opportunity to resist disclosure and/or to obtain a suitable protective order.
The User shall notify Xavier Board immediately upon discovery of any unauthorized use or disclosure of Confidential Information. The User will cooperate with Xavier Board in every reasonable way to help Xavier Board regain possession of such Confidential Information and prevent its further unauthorized use.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by Xavier Board on the Services are subject to change without any specific notice to you. In consideration for Xavier Board granting you access to and use of the Services, you agree that Xavier Board may place such advertising on the Services.
You agree that you will share data in connection with businesses, business activities or business practices, including but limited to the following:
- Adult goods and services which include pornography and other sexually suggestive materials (including literature, imagery and other media), escort or prostitution services, website access and/or website memberships of pornography or illegal sites;
- Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne etc.;
- Body parts which include organs or other body parts;
- Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam);
- Cable descramblers and black boxes which include devices intended to obtain cable and satellite signals for free;
- Child pornography which includes pornographic materials involving minors;
- Copyright unlocking devices which include mod chips or other devices designed to circumvent copyright protection;
- Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials;
- Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software;
- Counterfeit and unauthorized goods which include replicas or imitations of designer goods, items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods;
- Drugs and drug paraphernalia which include illegal drugs and drug accessories, including herbal drugs like marijuana, salvia and magic mushrooms etc.;
- Drug test circumvention aids which include drug cleansing shakes, urine test additives, and related items;
- Endangered species which include plants, animals or other organisms (including product derivatives) in danger of extinction;
- Gaming/ gambling which include lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;
- Government IDs or documents which include fake IDs, passports, diplomas, and noble titles;
- Hacking and cracking materials which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property;
- Illegal goods which include materials, products, or information promoting illegal goods or enabling illegal acts;
- Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes;
- Offensive goods which include literature, products or other materials that inter alia :
- Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors;
- Encourage or incite violent acts; or
- Promote intolerance or hatred.
- Offensive goods which include crime scene photos or items, such as personal belongings, associated with criminals;
- Pyrotechnic devices, combustibles, corrosives and hazardous materials which include explosives and related goods, toxic, flammable, and radioactive materials and substances;
- Regulated goods which include air bags, batteries containing mercury, freon or similar substances/ refrigerants, chemical/ industrial solvents, government uniforms, car titles, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides, postage meters, recalled items, slot machines, surveillance equipment, goods regulated by government or other agency specifications;
- Securities which include government and/ or public sector unit bonds, stocks, debentures or related financial products;
- Tobacco and cigarettes which include cigarettes, cigars, chewing tobacco, and related products;
- Traffic devices which include radar detectors/ jammers, license plate covers, traffic signal changers, and related products;
- Weapons which include firearms, ammunition, knives, brass knuckles, gun parts, gun powder or explosive mixtures and other armaments;
- Wholesale currency which includes discounted currencies or currency exchanges;
- Live animals or hides/ skins/ teeth, nails and other parts etc. of animals;
- Multi-level marketing collection fees;
- Matrix sites or sites using a matrix scheme approach;
- Work-at-home approach and/ or work-at-home information;
- Drop-shipped merchandise;
- Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India;
- The User providing services that have the potential of casting the payment gateway facilitators in a poor light and/ or that may be prone to buy and deny attitude of the cardholders when billed (e.g. adult material/ mature content/ escort services/ friend finders) and thus leading to chargeback and fraud losses;
- Businesses or website that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. web-based telephony, website supplying medicines or controlled substances, website that promise online match-making);
- Businesses out rightly banned by law (e.g. betting & gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/ communal tensions, lotteries/ sweepstakes & games of chance;
- Businesses dealing in intangible goods/ services (e.g. software download/ health/ beauty Products), and involved in pyramid marketing schemes or get-rich-quick schemes;
- Mailing lists;
- Virtual currency, cryptocurrency, prohibited investments for commercial gain or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world;
- Money laundering services;
- Database providers (for tele-callers);
- Bidding/ auction houses;
- Activities prohibited by the Telecom Regulatory Authority of India; and
- Any other activities prohibited by applicable law.
The above list is subject to additions/ amendments (basis changes/ amendments to applicable laws) by Xavier Board without prior intimation to you.
Technical Issues & Delivery Policy
In case of any technical issues, please contact us through firstname.lastname@example.org. We endeavour to deliver Service to you within 15 (fifteen) working days of bank approval, failing which you can terminate a transaction related to Service at any time and get a full refund.
Governing Law, Settlement of Disputes and Jurisdiction
You may address any complaints or discrepancies in relation to the processing (including storing and using) of your Personal Information (including Sensitive Personal Information) to:
Xavier Board of Higher Education in India
GRIEVANCES PORTAL: www.xavierboard.org
Complaints and Regulatory and Grievance Redressal
Dr. Teresa CSST
Xavier Board of Higher Education in India
Grievances portal: www.xavierboard.org