TERMS AND CONDITIONS
Last Updated on April 27th, 2023
(Registered name: Remote CTO thereafter referred as “Remote CTO/XWORKS”)
BY VISITING https://www.xworks.live OR BY PURCHASING PRODUCTS FROM www.xworks.live OR from any of it subpages, YOU ARE CONSENTING TO OUR TERMS OF SERVICE.
GENERAL
Thanks for choosing XWORKS. This site (the “Site”) www.xworks.in is owned and developed by “Remote CTO” (“COMPANY,” “we” or “us”). By utilizing the Site, you consent to be bound by these Terms of Service and to utilize the Site as per these Terms of Service, our Privacy Policy and any extra terms and conditions that may apply to explicit areas of the Site or to items and administrations accessible through the Site or from COMPANY. Getting to the Site, in any way, regardless of whether robotized or something else, establishes utilization of the Site and your consent to be bound by these Terms of Service.
By proceeding to utilize the Site after we post any changes, you acknowledge the Terms of Service, as altered.
Changes to the Agreements
From time to time, we may choose to modify the Agreements. If there are significant changes to the Agreements, we will give you prominent notice in a way that is appropriate given the circumstances. This may involve displaying a clear message within the Service or sending an email. Occasionally, we may give you advance notice, and if you continue to use the Service after the changes have been made, you will be deemed to have accepted the new terms. It is important that you read any notices carefully. If you do not wish to continue using the Service under the updated version of the Agreements, you may terminate the Agreements by contacting us via email.
INTELLECTUAL PROPERTY RIGHTS
All materials that can be accessed on this Site are the property of ours and are protected by copyright, trademark, and other laws. This Site is intended only for your personal and non-commercial use. You are not allowed to use the Site or the materials on the Site in a way that violates our rights or that has not been authorized by us. Specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including via email or other electronic means) any material from the Site.
DISCLAIMERS
On the Site, we may provide links and references to websites that are maintained by third parties. However, our linking to such third-party sites does not mean that we endorse or sponsor those sites, or the information, products, or services offered on or through them. Moreover, we and our affiliates do not operate or control any information, products, or services that may be provided by third parties on or through the Site or on websites that are linked to from the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors and not of the COMPANY. Neither the COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Additionally, the COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.
The information, products, and services that are provided on or through the Site by the COMPANY and any third-party sites are offered on an “as is” basis without any warranties of any kind, either express or implied. We disclaim all warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by applicable law. We do not guarantee that the Site or any of its functions will be uninterrupted or error-free, that any defects will be corrected, or that any part of this Site, including bulletin boards, or the servers that make it available, are free from viruses or other harmful components.
We do not guarantee or make any representations about the use or outcomes of using the Site or the services or the workshops or the materials on this Site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability, or any other aspect.
By agreeing to these terms, you are agreeing to indemnify, defend, and hold harmless the COMPANY, its affiliates, their successors, transferees, assignees, and licensees, as well as their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees, from and against any claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and costs, arising from or related to your violation of any obligation, warranty, representation, or agreement outlined herein.
PURCHASES AND ONLINE COMMERCE/TRANSACTIONS
You consent to just buy products or administrations for yourself or for someone else for whom you are lawfully allowed to do.
You agree to pay all fees and applicable charges for Services you purchase from us. All fees and applicable charges are payable in full and in advance and will be valid until the completion of the period of your selected Service or until cancelled or terminated in accordance with these Terms. We reserve the right to delete or suspend your access to Services for incomplete payment of fees and applicable charges.
Please be aware that we use third-party payment gateways or aggregators, referred to as “Third-Party Payment Service Providers,” to collect fees and applicable charges. These Third-Party Payment Service Providers operate independently and are not affiliated with us. If you are directed to any external website or application of such Third-Party Payment Service Providers, we do not assume any responsibility for (a) the privacy of your information shared on such websites or applications; (b) the security and protection measures for the information and data shared and technology employed on such websites or applications, or (c) any interaction, correspondence, or transactions that may occur between you and such Third-Party Payment Service Providers. We strongly advise you to carefully read and understand their terms and conditions, privacy policy, and any other applicable policies that may be available on their platform before using their services or sharing any information with them.
PERSONAL INFORMATION AND DATA SECURITY
Please refer to our Privacy Policy available at Privacy Policy to understand how we collect, use, share and protect your data and personal information.
REFUND POLICY
Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our services, digital products, courses, workshops , coaching or masterclass.
For more details please refer – www.xworks.live/refund_policy
INDEMNITY
You agree to defend, indemnify, and hold harmless XWORKS Team, Remote CTO, its founder, its affiliates, officers, employees and agents for all losses, costs, actions, claims, damages, expenses (including legal costs) or liabilities, that arise from or relate to (a) your use or misuse of the Website or Services or Content;
(b) your infringement of any of our intellectual property rights or third party’s intellectual property;
(c) the use of our Services and any connected interaction with Third Party Payment Service Providers.
(d) violation of any of the terms of these Terms;
Remote CTO and XWORKS shall not be liable to you for any claims arising out of any act or omission on the part of Third Party Payment Service Providers in connection with the processing of fees and applicable charges. Remote CTO and XWORKS expressly disclaims any responsibility and liability for any and all services provided by the Third Party Service Providers.
If there is a situation where you are required to indemnify us, we have the right to take over the exclusive defence and control of the matter. In such an event, you must cooperate with us in asserting any available defences.
LIMITATION OF LIABILITY
All liability of XWORKS Team, Remote CTO, its founder, officers, employees, and agents is expressly excluded to the fullest extent permissible under law for any direct, indirect, incidental, special, punitive, and consequential losses or damages howsoever arising from:
- your use of our Website and Services and Content;
- you use of content provided by third parties;
- your use of content provided by other Users;
- any unauthorized access or use of our secure servers.
We shall not be liable or responsible for:
- Any act or event beyond our reasonable control, including force majeure;
- Your failure to ensure that the Website or Services are suitable to meet your individual expectations prior to registration or subscription.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE
Nothing contained herein shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
Without prejudice to the foregoing, none of the founder, officers, employees, and agents of Remote CTO and XWORKS Team shall be personally liable for any action in connection with the Website or Services.
TERMINATION OF SERVICES / DELETION OF ACCOUNT
We reserve the right to terminate your account and access to all or any part of the Website or Services at any time, effective immediately, for violation of any of the terms of these Terms. If you wish to terminate your account, you may do so by following the instructions on the Website. However, any fees or applicable charges already paid will remain non-refundable even in the event of a termination of account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, indemnity and limitations of liability. We reserve the right to promptly terminate or suspend your account or remove or disable your access to any information that is unlawful.
MODIFICATION OF TERMS OF USE
We reserve the right, at our sole discretion, to modify or replace any of the terms of these Terms, or change, suspend or discontinue any of our Services at any time with due notice to you via the Website or by email. We may also impose limits on certain features and restrict your access to certain parts of the Website without notice or liability. You acknowledge that it is your responsibility to check these Terms for updates periodically. Your continued use of the Website and Services following the posting of any changes to these Terms will be deemed to constitute an acceptance of those changes.
APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of India. For the purposes of these Terms, you consent to the courts of Ahmedabad, India having exclusive jurisdiction over any and all disputes that arise out of, or in relation to or connected with these Terms