TERMS AND CONDITIONS

These Terms and Conditions for use of products and services of Dex IT Consulting Private Limited (“Dex”, “our”, “we”, “us”), its website, www.dexconsulting.com (“website”) and its products including mobile applications (“apps”) is a legal agreement (Agreement) between you and Dex providing, among other things, the terms and conditions for your use of its website and mobile apps and products based on SaaS (Software as a Service) model located at www.dexconsulting.com.

Please read the Terms and Conditions carefully before using our products or services. Your use of our products and services will imply your consent to these Terms and Conditions.

Dex reserves the rights to modify these Terms and Conditions at any point of time at its own discretion without notifying its users. It is your responsibility to review these Terms and Conditions from time to time. You will be deemed to have accepted these Terms and Conditions as amended if you continue to use any of the product or services after any amendments are posted on the website. We reserve the right to include additional terms and conditions if we were to provide additional services or programs. You shall be bound by the same on your participation in such services or programs.

AUTHORISED USERS

You agree and consent that you have read and understood, and that you agree to be bound by these Terms and Conditions and this Agreement. The website, apps, services and products are available to legal entities or individuals aged 18 years or older. By using the website, apps, services and products you represent that you are at least 18 years old.

REGISTRATION

To use the website, apps, services and products, you may have to be registered and provide your name, valid email address, contact number and other details. Please refer to our privacy policy and practices to know more as how the personal information would be used.

ACCOUNT SECURITY

You are solely responsible for the security and confidentiality of any password and other account information that you create in order to access or use website, apps, services and products. You agree to notify us immediately in case of any unauthorized use of your account. You also agree that we are not liable or will be held responsible in any manner for any loss that you may incur as a result of any third party using your account information, password, either with or without your knowledge. You are solely liable for any losses incurred by Us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to misuse of your account information or password. Your login information is to be used by one person only and multiple persons using the same logins is not allowed.

SERVICES, PRODUCTS AND USE OF WEBSITE AND APPS

Dex offers services, products, apps and solutions for various industries as a Software as a Solution (SaaS) model. The details of these solutions, apps and products are available on the website. Use of the website may require you to use software, apps or products provided by or operated from the website, and on occasion we may make certain software available to you from the website. To the extent you use such software or download such software from the website, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) will be deemed to be licensed to you by us, for providing services to you and enabling you to use those services only. We do not transfer either the title or the intellectual property rights to the Software, and we (or our licensors) retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.

DEX RESPONSIBILITIES

1. We will make or use all commercially reasonable efforts to make the services, apps and products available 24 hours a day, 7 days a week, except for:
   • planned downtime (for which a suitable advance notice will be given to you by email or through website, app or product)
   • any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving Our employees), or Internet service provider failures or delays
2. and provide the services, apps and products only in accordance with applicable laws and government regulations.

USAGE LIMITATIONS

Our services, apps or products may be subject to limitations, such as, for example, limit on number of users, limits on disk storage space, and other limitations dependent on the selected Plan. Any such limitations are specified in the User Plans. The services, apps or products provide a real-time information to enable you to monitor your compliance with such limitations

Dex reserves the rights to suspend your access to its website, services, apps or products at any time while we investigate complaints or alleged violations of this Agreement, or for any other reason within our sole discretion. We cannot assure you of accessibility or availability of the website at all times but would strive for an uptime of 99.99%.

PAYMENTS, FEES AND TAXES

You agree to pay all subscription fees, consulting fees and other fees applicable to your use of website, services, apps or products and you shall not circumvent the fee structure. The fee is dependent on the User Plan that you purchase and not on actual usage of the services. Please note that subscription fee is non-refundable under any circumstances.

Each member or user or our website, services, apps or products is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Dex in no way responsible for any of the taxes except for its own taxes and legal compliances.

MODES OF PAYMENT

Dex allows its users to make payment via

1. Online Channels: Through the facility made available on the website through third party payment gateways. We are not responsible for any loss or damage caused to you during this process as these third parties are beyond the control of Dex.
2. Offline Channels: Through personal collection or payments or mailing the same to our registered address R 192, Railway Enclave, Sector 12, Pratap Vihar, Ghaziabad, Uttar Pradesh 201009

Payment process will be considered complete only upon realisation of amount in Dex Bank Account. Please not that all fees or payments will be subjected to levy of Service Tax of 15% on purchase.

Dex reserves the right to modify the applicable fee structure for its services, apps or products by providing a 30-day prior notice, either by email, website, services, apps or products, which shall be considered as valid and agreed communication.

Dex reserves the right to discontinue the services, apps or products to you and delete all information in your account, apart from reserving any legal recourse available, in case due fee is not paid within the 2 weeks.

INTELLECTUAL PROPERTY

Dex is only allowing you limited access to its website, services, apps or products based on your membership plan. You are not allowed to sell, copy, reproduce, modify, distribute, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this website, services, apps or products in anyway other than those listed in this Agreement, including for any public or commercial purposes. You shall not reverse engineer or attempt to interfere with the operation of any part of the website, services, apps or products.

All intellectual property (including patents, trademarks, service marks, copyrights and applications there for) which were owned by or licensed to Dex prior to the performance of services and used by Dex to develop any Invention or Work shall remain the property of Dex or Dex’s licensor, as the case may be. All other product names, marks, logos, symbols used on the website, services, apps or products may be the trademarks of their respective owners. The ownership of the data vests with the Authorized Users.

EXTERNAL SITES

Our website, services, apps or products may be linked to the website of third parties, affiliates and business partners. We have no control over, and not liable or responsible for content, accuracy, validity, reliability, quality for such websites or made available by / through our website, services, apps or products. Inclusion of any link on our website, services, apps or products does not imply that we endorse the linked site. You use the links and these services at your own risk.

USER CONDUCT

While using our website, services, apps or products, you adhere and agree not to

1. Restrict or inhibit any other visitor or member from using the website, services, apps or products, including, without limitation, by means of “hacking” or defacing any portion of the website, services, apps or products;
2. Use the website, services, apps or products for any unlawful purpose; or post any information which infringes third party’s intellectual property rights or privacy policy.
3. Imply or express that any statements you make are endorsed by us;
4. Transmit any data or content or information that is unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights;
5. Transmit any material, non-public information about companies without the authorization to do so;
6. Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
7. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or software;
8. Remove any copyright, trademark, or other proprietary rights notices contained in the website, services, apps or products;
9. “Frame” or “mirror” any part of the website, services, apps or products without our prior written authorization;
10. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the website or its contents; or harvest or collect information about website, services, apps or products visitors or members without their express consent.

WARRANTY DISCLAIMER

The services, apps and products provided by Dex or any of our licensors or providers are provided “as is,” and Dex makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

COMPLIANCE TO LAWS

The members or users are solely responsible for compliance to all applicable regulations and laws, including customer history, confidential information and privacy laws as applicable in the jurisdiction. Dex is basically a provider of services and products and in in no way responsible, liable, accountable for customer information available on the software.

INDEMNITY

You agree to indemnify, defend and hold harmless Dex, its agents, employees, officers, directors, successors and assigns, from and against any and all losses, liabilities, damages, claims, suits, penalties, actions, costs and expenses (including without limitation reasonable attorneys’ fees) relating to or arising out of

1. your access and use of our website, services, apps or products
2. your violation of this agreement
3. any wilful or negligent act or omission attributable to Dex, or its respective employees or agents, in furtherance of Dex’s obligations under this Agreement
4. any failure on the part of Dex to perform or comply with any of the terms or conditions contained in this Agreement; and (c) a breach of any covenant of Company hereunder
5. your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

We will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

TERMINATION

You can terminate your membership with Dex at any time through your account or by sending an email to support@dexconsulting.com. Since most of our apps or products are SaaS based, your account will be terminated with 24 working hours provided there are no pending financial obligations from your side. Dex reserves the right to terminate any Account in case

1. user breach any terms and conditions of this Agreement.
2. we are unable to verify or authenticate any information you provide to us related to personal or financial information;
3. we believe in our sole discretion that your actions may cause legal liability for you, our Users or for Dex or are contrary to the interests of the website, services, apps or products.

Once terminated, you cannot use the website, services, apps or products under the same account and we may need you to open a new account. On termination of your account due to the reasons mentioned herein, you shall no longer have access to information, data, messages, files and other material associated with website, services, apps or products.

Return of Your Data: Upon written request by you made within 30 days after the effective date of termination of an account, we will make available to you for download a file of your Data in comma separated value (.csv) format. After such 30-day period, we shall have no obligation to maintain or provide any of your data and shall thereafter, unless legally prohibited, delete all of your data from our system or servers.

CUSTOMER SERVICE

If you have any questions, issues, complaints regarding any of our services, apps or products, please contact our customer service at support@dexconsulting.com

DISPUTE RESOLUTION

In case of any dispute between you and Dex, you agree with us to resolve such dispute quickly and cost effectively. Please contact us in case of any dispute and we can resolve issues amicably without taking any legal recourse.

NOTICES AND COMMUNICATION

We send you regular updates and communications regarding our website, services, apps or products through email address provided by you. It is your responsibility to keep your email address and snail mail address updated at all times. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. If you fail to respond to an email message regarding violation, dispute or complaint within two business days, we reserve the right to terminate or suspend your Account.

All notices to Dex intended to have a legal effect must be in writing and shall be delivered to our registered address R 192, Railway Enclave, Sector 12, Pratap Vihar, Ghaziabad, Uttar Pradesh 201009

GOVERNING LAW

This Agreement, and all rights and duties of the parties arising from, or relating in any way to, the terms, covenants, or conditions of this Agreement, shall be governed by construed, and enforced in accordance with the laws of India without regard to conflicts of law principles. The Parties agree that any action brought to interpret or enforce any term or condition of this Agreement shall be proper only in courts of Uttar Pradesh jurisdiction.

CONTACT INFORMATION

If you have any questions concerning us, the website, services, apps or products or anything related to any of our offerings, you can reach us at support@dexconsulting.com or via the contact information available at www.dexconsulting.com/contact