Effective and last updated on: [24/03/2023]
CREATOR TERMS OF SERVICE
Myscoot Tech Private Limited (“Us” or “Our” or “We” or “Exly” or “Company”) website – https://exlyapp.com/ (“Website”) and mobile application (available on android and IOS "Application"), a platform that provides all-in-one SaaS (software as a service) solutions. The Website and Application are collectively referred to as “Platform” or “SAAS Solution” or “Exly SAAS Solution”.
We provide a web based SAAS Solution consisting of the following services: enabling user to create its own web page, software for overall management, lead generation, payment facilitation and other support services.
These Terms of Service ("Terms") govern your visit and use of the services, software and the Platform provided by the Company, a company incorporated under the provision of the Companies Act, 2013 with its registered office situated at 554, Pkt-1 Sec-22, Dwarka, New Delhi -110077.
The Terms is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and any other applicable statutes. It does not require any physical, electronic or digital signature.
By accessing or using Our Solution (including any subdomains, application or software solution (together referred to as the "SAAS Solution") through which Exly services are made available or hosted, you agree to be bound by these Terms.
Capitalized terms as used in this Agreement shall have the meanings as indicated in this clause below and if not defined in the clause below, as assigned to such terms in the other parts of this Agreement where indicated.
Any term not defined in this Agreement shall have the meaning as is commonly understood under applicable law and within the spirit of this Agreement.
“Content” means any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials uploaded, downloaded, or appearing on our Platform. All such Content shall exclusively belongs to the Company.
“Creator” shall have the meaning as ascribed to it under Section 2 (Registration) of the Terms.
"Creator Webpage" shall mean the webpage created through the SAAS Solution and dedicated to the Creator where the services or offerings of the Creator are curated and made available to the Users by the Creator, powered by Exly.
"Creator Service" shall mean the services or products offered on the Creator Webpage by the Creator to the Users.
Intellectual Property Rights" mean registered and unregistered rights in all forms of intellectual property subsisting under the applicable laws of all jurisdictions and shall include any legally protected product or process of the human intellect whether registrable as patents, trademarks, copyrights, designs or otherwise such as an invention, expression or literary creation, unique name, trade secret, business methods, database, industrial process, computer program, source code, process, presentation, logo, Content and ideas, and other content or confidential information.
"Person" shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, society, co-operative society, government or any agency or political subdivision thereof, or any other entity that may be treated as a person under applicable laws for the time being in force.
The "Users" or "Members" refers to any person who registers to avail of the Creator Services on the Creator Webpage.
"Exly Fee" refers to the fees charged by the Company for the use of the SAAS solution including but not limited to internet handling fee (appropriate taxes as may be applicable from time to time would be charged) which the Company may charge and amend from time to time.
The Creator shall register by following the instruction or direction on the SAAS Solution and providing details such as but not limited to profile information, scheduling, type of services to be provided by Creator, bank account details and such other details (“Creator” or “You” or “Your”) so as to enable the Company to render its services.
If You are registering an Exly account for a company or other legal entity, You represent and warrant that You have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You shall not assign or otherwise transfer your Exly account to another party. The Company will not be responsible for any consequence that arises as a result of misuse of any kind that may occur by virtue of any person registering for the service.
You must provide accurate, current, and complete information during the registration process and keep the information up to date at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Platform.
You are responsible for maintaining the confidentiality of your account and/or password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
We reserve the right to refuse service, terminate accounts, or cancel orders in our sole discretion.
Use of services on the Platform is available only to persons who can form legally binding contract. When you create an account with us, you guarantee that you are above the age of 18 years, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Platform.
Use of the SAAS Solution requires one or more compatible devices, internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the SAAS Solution involves hardware, software, and internet access, your ability to access and use the Platform may be affected by the performance of these factors. High speed internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time and ensuring that the creator system adhere to these requirements is the creators responsibility. Further, due to the inherit nature of internet and SAAS services may experience Technical outages, Exly will use all commercially reasonable efforts to ensure that the SaaS solution is available and operational at all times. However, the creator acknowledges that occasional technical outages and planned maintenance may occur, which may result in the temporary unavailability of the SaaS solution or a decrease in performance. The service provider will use commercially reasonable efforts to promptly restore the SAAS solution to normal operation. The service provider shall have no liability for any damages, loss of profits, or other losses incurred by the customer as a result of any technical outage or unavailability of the SaaS solution.
You are solely responsible for compliance with any and all applicable laws, rules, regulations, and tax obligations that may apply to Your use of the SAAS Solution. Creator shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
The SAAS Solutions contains integration with multiple gateways which may entail payment processing errors/lead times. The Creator acknowledges, holds harmless and allows Exly to take steps to rectify any payment processing errors that Exly may have become aware of. These steps may include crediting or debiting (as appropriate) the same payout method used for the original payout, and not limited to receiving and settling the amount on behalf of the Creator so that the Creator ends up receiving or paying the correct amount.
Further, in case of foreign currency transactions the mode and rate of conversion will be as applied by integrated payment gateway/settlement through which such transactions have been settled in conformity with the applicable foreign exchange law in force at the time of such transactions.
Exly reserves the right to change, modify, amend, or update these Terms and/ or the Agreement from time to time and such amended provisions of these Terms and/ or the Agreement shall be effective immediately upon being posted on the Exly Website andwill be notified to you on your registered email id with us. .
If You do not agree to such provisions, You must stop using the SAAS Solution with immediate effect. Your continued use of the SAAS Solution will be deemed to signify Your acceptance of the amended provisions of these Terms and/ or the Agreement.
It shall be the responsibility of the Creator to submit to the concerned authorities, the returns and all other concerned documents required for this purpose and to comply in all respects with the requirements of the laws in this regard, in time. In the event that any obligation, demand, adjudication, or any other financial outgo arises to the Company on account of failure on the part of the Creator to fulfill its obligation under any law in force, the Creators indemnifies the Company against any cost, interest, liability, damages or any financial outgo by any name whatsoever and whether caused directly or indirectly by the action of the party or any other third party.
While availing any of the payment methods available on the Platform, the Company shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
solely for Your personal and non-commercial use.
Unless You provide specific consent, Exly does not claim any ownership rights in any Creator Content and nothing in these Terms will be deemed to restrict any rights that You may have to use or exploit your Creator Content.
Exly's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
If You choose to use the SAAS Solution or the Content, You do so voluntarily and at your sole risk.
THE SAAS SOLUTION AND THE CONTENT IS PROVIDED "AS IS" AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM AND THE SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE PLATFORM THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSSES, DAMAGES OR CLAIMS BY YOU OR ANY THIRD-PARTY IN THIS REGARD.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree that You have had whatever opportunity you deem necessary to investigate the Services, laws, rules, or regulations that may be applicable to your Creator Services You are providing and that You are not relying upon any statement of law or fact made by Exly.
The Creator Services may carry inherent risk, and You will be liable to those risks. You assume full responsibility for the Creator Service. The foregoing disclaimers apply to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the SAAS Solution and Content, your publishing of any Creator Services via the Creator Webpage remains with You. Neither Exly nor any other party involved in creating, producing, or delivering the SAAS Solution or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the SAAS Solution or Collective Content, (iii) from any communications, interactions or meetings with Users or other persons with whom You communicate, interact or meet with as a result of Your use of the SAAS Solution, or (iv) from your publishing Creator Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Exly has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Creators pursuant to these Terms or an approved payment request, in no event will Exly’s aggregate liability arising out of or in connection with these Terms and your use of the SAAS Solution including, but not limited to, from your publishing of any Creator Service via the Creator Webpage, or interactions with any other Members, the amounts paid by Exly to you in the twelve (12) month period prior to the event giving rise to the liability or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Exly and You.
Exly has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Creator Services, (ii) the truth or accuracy of any Creator Service descriptions, ratings, reviews, or other Creator Content, or (iii) the performance or conduct of any Member or third party. Exly will not endorse any Creator or Creator Services.
Due to the nature of the internet, Exly cannot guarantee the continuous and uninterrupted availability and accessibility of the SAAS Solution.
Exly may restrict the availability of the SAAS Solution or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the SAAS Solution.
Exly may improve, enhance and modify the SAAS Solution and introduce new Exly Services from time to time for which Exly may charge additional fees.
You agree to release, defend (at Exly's option), indemnify, and hold Exly and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our policies or standards, (ii) your improper use of the SAAS Solution or any Exly Services, (iii) your interaction with Members, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or use, or (v) your breach of any laws, regulations or third party rights.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES ON THE PLATFORM.
UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLATFORM OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, INCLUDING BUT NOT LIMITED TO THE INFORMATION, CONTENT, MATERIALS ON THE PLATFORM, OR ANY PART THEREOF. WHILE THE COMPANY SHALL TAKE REASONABLE PRECAUTIONS AGAINST SECURITY BREACHES, THE PLATFORM OR INTERNET TRANSMISSION IS NOT COMPLETELY SECURE, AND AS SUCH, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR.
These Terms shall be governed by the laws of India. You agree that Exly is solely based in India, and nothing shall give rise to personal jurisdiction over Exly in jurisdictions other than New Delhi, India and You shall not raise any claims against Exly in any court or forum in any jurisdiction other than New Delhi, India. Any claim or dispute between the Creator and Exly will be entertained and tried solely and exclusively by a court of competent jurisdiction located in New Delhi, India and no other place whatsoever.
All notices or demands to or upon Exly shall be effective if in writing and shall be deemed to be duly made when sent to MyScoot Tech Private Limited at 406 2nd Floor Fortune Towers Udyog Vihar Phase III Gurgaon 122016.
All notices or demands to or upon a Creator(s) shall be effective if either delivered personally, sent by courier, certified mail, by email to the last-known correspondence or email address provided by the Creator(s) on the SAAS Solution, or by posting such notice or demand on an area of the SAAS Solution that is publicly accessible.
Notice to a Creator(s) shall be deemed to be received by such Creator(s) if and when the SAAS Solution is able to demonstrate that communication, whether in physical or electronic form, has been sent to such Creator(s), or immediately upon SAAS Solution's posting such notice on an area of the SAAS Solution that is publicly accessible.
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.
The Company is not liable for any delay in the performance or non-performance of any of its obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond Our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, or any endemic, pandemic, epidemic or outbreak of any disease including Covid-19.
BY USING THE PLATFORM OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
MyScoot Tech Private Limited at 406 2nd Floor Fortune Towers Udyog Vihar Phase III Gurgaon 122016. with a copy to email@example.com.