Terms of Use for Xpace Sphere

Welcome to Xpace Sphere. By accessing or using our website (https://xpacesphere.com), you agree to abide by the following Terms of Use. Please read them carefully.

1. Introduction

This document constitutes an electronic record under the Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated, or replaced from time to time), along with applicable rules regarding electronic records under relevant statutes as amended periodically, for access to or use of the website https://xpacesphere.com/ (hereinafter referred to as the “Website”). This Terms of Use requires no physical, electronic, or digital signature and serves as a legally binding document between the User (as defined below) and Xpace Sphere (as defined below).

All content and information provided on the Website is intended solely for general informational purposes. For the purposes of these Terms of Use, the terms "You," "User," or "Your" refer to any individual or legal entity that has agreed to browse, access, or use the Website.

2. Services

Xpace Sphere offers a variety of services, including but not limited to warehousing space, warehouse operations, Transportation, Manpower, Agricultural land, etc. The scope and availability of these services may vary, and we reserve the right to modify or discontinue any service at our discretion.

3. Eligibility for Accessing the Website

Only individuals deemed "competent" or "capable" of entering contracts under the Indian Contract Act, 1872, are allowed to access or browse the Website. Minors, undischarged insolvents, and similar categories are not permitted to access the Website. If you are a minor wishing to browse the Website, you may only do so under the supervision and consent of your legal guardian or parents, who have agreed to these Terms of Use. Any access by minors is assumed to have obtained the necessary consent from their guardians or parents. Xpace Sphere is not responsible for any consequences resulting from misuse of the Website, including access by minors. You acknowledge that ensuring compliance with the eligibility requirements is solely your responsibility. Minors under 18 should obtain guardian or parental consent before providing any personal information on the Website.

References to Natural and Juristic Persons
For natural persons, references include their heirs, executors, and authorized assignees. For juristic persons, references include their affiliates, successors, and authorized assignees, unless otherwise specified by context.

Consent to Contact
By submitting your details in the “Contact Us” section, you consent to Xpace Sphere contacting you through the provided email address, phone number, or other contact information. You expressly allow Xpace Sphere to reach out to you through these channels as needed. Additionally, Xpace Sphere reserves the right to monitor website downloads and usage patterns to enhance the Website’s efficiency and user experience.

4. Usage of the Website

You agree to use Xpace Sphere only for lawful purposes. Any unauthorized use of our website, including attempting to disrupt, damage, or otherwise interfere with the functionality of our services, is strictly prohibited.

5. Content

1. The content on this Website—including but not limited to text, audio, video, photographs, illustrations, graphics, and other visuals—is provided solely for informational purposes. Users rely on any information on the Website at their own risk.

2. Users may find links on this Website to third-party sites, and these sites may also link back to this Website (“linked sites”). Users acknowledge that Xpace Sphere is not responsible for the content, information, services, advertising, code, or other materials available on or through these linked sites. Links to or from third-party sites do not imply any endorsement or sponsorship by Xpace Sphere of these sites or their content. Xpace Sphere disclaims any liability for links (1) from other sites to this Website and (2) from this Website to other sites. We do not guarantee the quality, legality, accuracy, or copyright compliance of any third-party site content. Additionally, we are not responsible for any transmissions or communications received from these linked sites. Users rely on third-party site content at their own risk, assuming all responsibilities and consequences that may arise from such reliance.

6. Conduct

i. Your use of the Services and behavior on the Website must comply with all applicable laws. You are solely responsible for understanding and adhering to any laws and regulations that apply to you.

ii. You are accountable for your activities on the Website. In addition to the restrictions outlined in the Terms of Use, you agree not to:

iii. You acknowledge and agree that Xpace Sphere reserves the right to report any suspicious or illegal activity that comes to its attention to the appropriate legal or law enforcement authorities, without prior notice to you.

7. Intellectual Property Rights

i. The Website, its content, and Services are owned and operated by Xpace Sphere. All materials available on the Website, including but not limited to videos, presentations, images, text, layouts, designs, displays, illustrations, documents, audio and video clips, HTML, and files, are the property of Xpace Sphere and/or its affiliates or licensors, and are protected by copyright, patent, and other intellectual property rights under Indian and international laws. All software used on the Website is owned by Xpace Sphere and protected by Indian and international copyright laws.

ii. The Xpace Sphere logos, trademarks, and service marks displayed on the Website are owned by Xpace Sphere or its affiliates and are protected under Indian and international laws. Unless otherwise stated or specified as the proprietary material of a third party, Xpace Sphere holds all intellectual property rights to the trademark "Xpace Sphere" and the Website, including but not limited to all rights, title, and interest in trade names, service marks, logos, domain names, copyrights, patents, designs, know-how, trade secrets, graphics, inventions, goodwill, source code, meta tags, databases, content, icons, and hyperlinks. Elements of the Website are also protected by trade dress and other intellectual property laws, and may not be copied, reproduced, downloaded, or distributed in any form, in whole or in part, without Xpace Sphere's express written consent.

iii. Nothing on the Website shall be construed as granting a license or any other right, interest, or title in any intellectual property rights owned by Xpace Sphere to the User.

iv. Certain content on the Website may be owned by third parties. You acknowledge that all trademarks, copyrights, logos, service marks, and other intellectual property rights owned by third parties remain the property of those third parties. You are not permitted to use any such intellectual property without obtaining the necessary consent from the respective third party.

8. System Requirements

Xpace Sphere Services, including the Website and its content, are compatible only with specific devices, tablets, instruments, or hardware that support high-speed internet and certain software. Xpace Sphere is not obligated to ensure functionality on devices that are not recognized or are incompatible with Xpace Sphere Services. Xpace Sphere reserves the right to update and modify the list of compatible devices as needed from time to time.

9. Limitation of Liability and Indemnification

i. Users access the Website voluntarily and at their own risk. To the fullest extent permitted by law, Xpace Sphere shall not be held responsible or liable for any direct, indirect, incidental, special, punitive, or consequential loss or damage (including but not limited to accidents, injuries, death, or property loss) sustained by Users or any other individual or entity due to: (i) errors, inaccuracies, or mistakes in the content available on the Website, (ii) personal injury or property damage resulting from accessing or using the Website, (iii) unauthorized access to or use of our secure servers and any personal information stored therein, (iv) interruptions or cessation of transmission to or from the Website, (v) any bugs, viruses, trojan horses, malware, or similar issues transmitted via the Website by third parties, (vi) the use of any Service, or (vii) errors or omissions in any content that may lead to loss or damage due to reliance on or use of any content provided through the Website. This applies regardless of whether such damage arises from warranty, contract, tort, or any other legal theory, and even if Xpace Sphere was informed of the possibility of such damages. It is expressly understood that Xpace Sphere shall have no liability under these Terms of Use or otherwise.

ii. Users are solely responsible for any consequences arising from their access and use of the Website, including engaging in illegal or fraudulent activities or failing to comply with these Terms of Use and Xpace Sphere’s policies.

iii. You agree to defend, indemnify, and hold harmless Xpace Sphere, its officers, directors, employees, and agents from any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney’s fees) arising from: (i) your use of or access to the Website, (ii) your violation of any term of these Terms of Use or Xpace Sphere’s policies, (iii) your violation of any third-party rights, including copyright, property, or privacy rights, or (iv) any claim that your use of the Website has caused damage to a third party.

iv. In the event of a breach of these Terms of Use, you agree that Xpace Sphere will suffer irreparable harm and may not have an adequate remedy in money or damages. Therefore, Xpace Sphere shall be entitled to seek an injunction from any court of competent jurisdiction to prevent such a breach. This right to seek an injunction shall not limit Xpace Sphere’s right to pursue other legal remedies.

10. Suspension

You agree that Xpace Sphere, at its sole discretion, may suspend your use of the Website, with or without cause, including but not limited to situations where Xpace Sphere believes that you have: (a) violated the Terms of Use; (b) infringed upon the intellectual property rights of Xpace Sphere or its affiliates; (c) broken any applicable laws; (d) used the Website in a manner that disrupts our business operations or negatively impacts any other party; or (e) acted in a way that is inconsistent with the letter or spirit of these Terms of Use, Xpace Sphere Policies, or any other applicable code of conduct or policy issued by Xpace Sphere.

11. Warranties

i. The information and content on the Website are provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, whether express or implied. This includes all implied warranties of fitness for a particular purpose, durability, or accuracy. Xpace Sphere assumes no responsibility for the completeness, accuracy, or continued relevance of any information on the Website. Xpace Sphere does not guarantee the updating or uninterrupted availability of content on the Website. Furthermore, Xpace Sphere is not responsible for any errors in information sourced from third parties or any unavailability of such information or content. Xpace Sphere does not warrant that (i) the Service will be uninterrupted, timely, secure, or error-free; or (ii) the quality of the services and information will meet your expectations.

ii. The Website may occasionally include links to other websites for your convenience and to provide additional information. These links do not indicate Xpace Sphere’s endorsement of the linked websites. Xpace Sphere is not responsible for the content of these external sites. You may not create a link to the Website from another website or document without obtaining prior written consent from Xpace Sphere.

iii. Xpace Sphere reserves the right to modify, correct, or withdraw/add content on the Website at any time, without prior notice. Neither Xpace Sphere nor any third parties offer any warranty or guarantee regarding the accuracy, timeliness, performance, completeness, or suitability of the information and materials on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we exclude liability for any such issues to the fullest extent permitted by law.

iv. Every effort has been made to provide the most up-to-date, accurate, and clearly presented information on the Website. However, inadvertent errors may occur. In particular, Xpace Sphere disclaims any responsibility for errors in the information on the Website. We welcome any user feedback to improve the Website and its content.

v. While Xpace Sphere has taken steps to train the personnel involved in delivering services on the Website to ensure quality control, we make no guarantees regarding the quality or competence of such personnel. Xpace Sphere is not responsible for any misconduct by such personnel. We welcome user feedback on this matter and reserve the right to take appropriate action as needed.

12. Force Majeure

Xpace Sphere shall not be held liable for any delay or failure in the performance of our services or obligations due to events beyond our reasonable control, including, but not limited to, acts of war, hostility, or sabotage, natural disasters, power outages, pandemics, epidemics, internet or telecommunication disruptions, or government-imposed restrictions or regulations.

13. Governing Law

The Terms of Use shall be governed by and interpreted in accordance with the laws of India, without considering any conflict of law principles. Additionally, the Terms of Use shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, and by agreeing to these terms, you consent to and accept the jurisdiction of these courts.

14. Modification and Amendment

Xpace Sphere reserves the right to modify, suspend, or discontinue any aspect, feature, or functionality of the Website at its discretion, without notice. Additionally, Xpace Sphere may amend these Terms of Use at any time without prior notice. Xpace Sphere makes no commitment, express or implied, to maintain or continue any part of the Website. You agree that Xpace Sphere shall not be held liable to you or any third party for any modifications made to the Website.

15. Complaints

For any complaints or concerns regarding our services, please contact us at info@xpacesphere.com. We strive to address all complaints promptly.

16. Content on the Site

Xpace Sphere strives to offer accurate and current content. However, we do not guarantee the accuracy, completeness, or usefulness of any information available on the website.

17. User-Generated Content

Users may have the option to post or submit content on Xpace Sphere. By submitting content, you grant us a non-exclusive, royalty-free license to use, display, and distribute it.

18. Rental Agreement

Users who utilize rental services agree to the terms outlined in the Rental Agreement. Non-compliance with these terms may lead to penalties or limitations on future rental opportunities.

19. User Grievance

If you have a grievance regarding our services, please reach out to our designated grievance officer at info@xpacesphere.com. We are committed to resolving issues within a reasonable timeframe.