EXECLINK views, protection of Your privacy as a very important principle. EXECLINK understands clearly that You and Your personal information is of utmost importance that’s why one of EXECLINK’s most important assets is EXECLINK stores and processes Your Information including any sensitive financial information collected in accordance to the applicable laws. EXECLINK also assures You to protect Your Personal Information if any, on computers which required physical as well as reasonable technological security measures and procedures in accordance with the provisions of the applicable law. The way in which We use Your information are governed by Our Privacy Policy.
Once You provide Your information to Us, EXECLINK may use such information to provide You various Services with respect to Your transaction only.
THE WEBSITE, SERVICES, CONTENT, AND ANY THIRD-PARTY CONTENT OR SERVICES ARE PROVIDED BY EXECLINK ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, EXECLINK MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXECLINK OR THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
NOTWITHSTANDING ANYTHING TO CONTRARY IN THE AGREEMENT(S), EXECLINK’S ENTIRE AND AGGREGATE LIABILITY TO YOU UNDER AND IN RELATION TO THESE TERMS OF USE OR OTHERWISE SHALL NOT EXCEED THE PRECEDING TWELVE MONTHS’ FEES PAID BY YOU UNDER THIS AGREEMENT. FURTHER EXECLINK WILL HAVE NO LIABILITY RELATED TO THE USER OF SERVICES AND / OR THIRD-PARTY CONTENT OR SERVICES. EXECLINK ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF SERVICES OR ANY THIRD-PARTY CONTENT OR SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXECLINK WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. EXECLINK HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT EXECLINK NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY, OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT, OR SERVICE. EXECLINK SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, EXECLINK SHALL NOT BE HELD RESPONSIBLE FOR THE NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND EXECLINK ‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY DATA UPLOADING THROUGH THE WEBSITE IS DONE ENTIRELY AT YOUR OWN DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTS FROM THE SUBMISSION OF SUCH MATERIAL OR DATA TO EXECLINK SYSTEM. EXECLINK ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY SERVICES PROVIDED TO YOU WHETHER ON BEHALF OF THIRD PARTIES OR ITSELF.
FURTHER, YOU ACKNOWLEDGE THAT EXECLINK IS NOT PROVIDING LEGAL, FINANCIAL, TAX, ACCOUNTING, OR PROFESSIONAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR THE PREPARATION, CONTENT, ACCURACY, AND REVIEW OF ANY DOCUMENTS DATA, OR OUTPUT PREPARED OR RESULTING FROM THE USE OF THE SERVICES. IN NO EVENT SHALL EXECLINK OR ITS THIRD-PARTY PROVIDER BE LIABLE FOR ANY PENALTIES, INTEREST, OR TAXES ASSESSED BY ANY GOVERNMENTAL OR REGULATORY AUTHORITY.
YOU WILL BE REQUIRED TO ENTER A VALID PHONE NUMBER AND/OR EMAIL ID WHILE REGISTERING ON THE WEBSITE FOR THE SERVICE INFORMATION REQUEST. BY DOING SO YOU HEREBY AUTHORISE US TO CONTACT YOU IN RELATION TO THE SERVICES THAT YOU HAVE REQUESTED.
Notwithstanding anything contained in this Agreement, it is hereby clearly understood by the parties that the EXECLINK shall have no responsibility or liability in relation to the failure of any activity, if such activity may have been initiated by You and/or third-party through Services, and has failed or has been delayed on account of the process of authentication and acceptance of Your data by third party system or otherwise, including but not limited to, failure or delay as a result of, network or connectivity failure, device or application failure, third party system failure, possible downtime at the end or any other technical or non-technical error of any nature, whether foreseen or unforeseen at the time of entering into this Agreement.
You agree to indemnify, defend and hold harmless EXECLINK its subsidiaries, affiliates, vendors, agents, and their respective directors, officers, employees, contractors, and agents (hereinafter individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website / Services; or (iii) Your violation of any rights of another, including any intellectual property rights.
EXECLINK may notify You of any claims which You shall be liable to indemnify EXECLINK. You will then be required to consult with EXECLINK regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of EXECLINK without the express prior written consent of EXECLINK which can be withheld or denied or conditioned by EXECLINK in its sole discretion.
When You use the Website, Mobile application or send emails or other data, information, or communication to EXECLINK, You agree and understand that You are communicating with EXECLINK through electronic records and You provide consent to receive communications via electronic records from EXECLINK may be periodically and as and when required. EXECLINK will communicate with You by email or on Your mobile number which will be deemed adequate service of intimation / electronic record to the maximum extent permitted under any applicable law.
EXECLINK may provide You with Services for free or on a trial basis (a “Free Access Subscriptions”) or other early-stage Services, integrations, or features which are optional for You to use. This Section will apply to any Free Access Subscriptions (even if early Releases are provided for a fee or counts towards Customer/User’s Subscription Plan) and supersedes any contrary provision in these Terms. EXECLINK may use good faith efforts in its discretion to assist Customers with Free Access Subscriptions or Beta Releases. Nevertheless, and without limiting the other disclaimers and limitations in these Terms, YOU AGREE THAT ANY FREE ACCESS SUBSCRIPTION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, SUPPORT, MAINTENANCE, STORAGE, SLA, OR INDEMNITY OBLIGATIONS OF ANY KIND. WITH RESPECT TO FREE SUBSCRIPTION, YOU FURTHER ACKNOWLEDGE AND AGREES THAT FREE SUBSCRIPTIONS MAY NOT BE COMPLETE OR FULLY FUNCTIONAL AND MAY CONTAIN OTHER PROBLEMS FOR WHICH EXECLINK WILL NOT BE RESPONSIBLE. EXECLINK makes no promises that future versions of Free trials will be released or will be available under the same commercial or other terms. EXECLINK may terminate Your right to use any Free Access Subscriptions or Beta at any time for any reason or no reason at EXECLINK’s sole discretion, without any liability.
The Services are available under subscription plans of various durations. Payments for subscription plans of a duration of less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless You downgrade Your paid subscription plan to a free plan or inform us that You do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by You. We provide You the option of changing the details if You would like the payment for the renewal to be made through a different Credit Card. If You do not wish to renew the subscription, You must inform us at least seven days prior to the renewal date. If You have not downgraded to a free plan and if You have not informed us that You do not wish to renew the subscription, You will be presumed to have authorized EXECLINK to charge the subscription fee to the Credit Card last used by You. Please check our Website to know about our Refund Policy.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of Your then-current billing cycle. You will not be charged for using any Service unless You have opted for a paid subscription plan.
EXECLINK may suspend Your access to its Services if: (i) Your account is overdue; or (ii) You have exceeded its service allocations/service limits. EXECLINK may also suspend Your access to the Services or remove Customer Data if it determines that: (a) You have breached any portion of these Terms, or (b) suspension is necessary to prevent harm or liability to other customers or third parties, or to preserve the security, stability, availability or integrity of the Services. EXECLINK will have no liability for acting as permitted above. For the avoidance of doubt, You will remain responsible for the payment of fees during any suspension period. However, unless these Terms have been terminated, EXECLINK will cooperate with You to promptly restore access to the Services once We verify that You have resolved the condition requiring suspension.
Miscellaneouss
Entire Agreement:
This agreement (including all Attachments hereto, and all documents incorporated herein by reference): (a) represents the entire agreement between the parties with respect to the subject matter hereof and supersedes any proposals, representations previous or contemporaneous oral or written agreements and any other communications between the parties.
Assignment :
You are prohibited to assign this agreement or any of its rights hereunder, or delegate any of its obligations hereunder, whether voluntarily, involuntarily, by operation of law or otherwise, without the EXECLINK’s prior written consent, EXECLINK in sole discretion may transfer its rights and obligations (also known as “assign”) under this Agreement without Your prior express consent, provided that EXECLINK assigns the agreement on the same terms or terms that are no less advantageous to You.
Governing Law :
In case of any discrepancy between different applicable laws then this Terms Of Use and other policies shall be governed in all respects by the laws of Florida and the United States. The parties hereby submit to the exclusive jurisdiction of the Florida Courts in Miami only.
Dispute Resolution
All disputes arising out of or in connection with the Terms Of Use, Cookie Policy, Privacy Policy, and other terms(“Agreement”), which shall be attempted to be settled through good-faith negotiation between both parties. The language of the arbitration shall be English. The place of arbitration shall be and shall be Miami performed by a single arbitrator chosen by mutual consent of both parties. Where the single arbitrator is not agreed upon between the Parties within 15 (fifteen) days from the date at which the negotiations failed in that case Arbitration proceeding shall be carried out by three Arbitrators. Each party shall appoint one arbitrator. The two appointed arbitrators shall appoint a third arbitrator to form the Arbitral Tribunal. The third arbitrator shall act as the presiding arbitrator. The decision of the Tribunal shall be binding on the parties. The Arbitral Tribunal will have no power to award (i) damages inconsistent with the Agreement or (ii) punitive damages or any other damages not measured by the prevailing party’s actual damages, and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. All aspects of the arbitration will be confidential. Neither the parties nor the arbitrators may disclose the existence, content, or results of the arbitration, except as necessary to comply with legal or regulatory requirements. Each party will promptly pay its share of all arbitration fees and costs, provided that such fees and costs shall be recoverable by the prevailing party as determined by the arbitrator. If a party fails to pay such share promptly upon demand, the Arbitral Tribunal shall, upon written request by the other party, enter a final and binding decision against the non-paying party for the full amount of such share, together with an award of attorney’s fees and costs incurred by the other party in obtaining such decision, which decision may be entered in any court of competent jurisdiction. Except for the failure of a party to pay arbitration fees and costs that require resort to the Arbitral Tribunal to order such payment, the parties will bear their own attorneys’ fees in any matter or dispute under this Agreement. Notwithstanding the determination by the parties to utilize arbitration as specified above for resolution of disputes arising out of or in connection with this Agreement, nothing herein shall preclude either party from seeking and obtaining from a court of competent jurisdiction appropriate equitable relief, including without limitation, a temporary restraining order or other injunctive relief, to prevent a breach of this Agreement relating to Intellectual Property, confidentiality, or non-solicitation, or to otherwise maintain the status quo pending the outcome of any arbitration
Force Majeure :
Neither party will be liable for any failure to perform any of its obligations hereunder by reason of Force Majeure Event, provided that the affected party provides the other party prompt notice of the applicable circumstance and uses commercially reasonable efforts to re-commence performance as promptly as possible; and provided further that if a party’s performance is delayed for a period of more than thirty (30) days by reason of any Force Majeure Event, then the other party may at its option, by written notice to the affected party, either: (a) terminate this agreement; or (b) extend the Term of this agreement for a number of days equal to the duration of the affected party’s non-performance.
Waiver :
To be effective, any waiver by a party of any of its rights or the other party’s obligations under this Agreement must be made in a writing signed by the party to be charged with the waiver. Waiver of any breach of any term or condition of this agreement will not be deemed a waiver of any prior or subsequent breach. No failure or forbearance by either party to insist upon or enforce performance by the other party of any of the provisions of this agreement or to exercise any rights or remedies under this agreement or otherwise at law or in equity will be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and
Severability :
If any provision of this agreement is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect in such jurisdiction and will be liberally construed in order to effectuate the purpose and intent of this agreement, and the invalidity or unenforceability of any provision of this agreement in any jurisdiction will not affect the validity or enforceability of any such provision in any other jurisdiction.
Notices :
Any notices required to be served under the provisions of this Terms of Use and Privacy Policy shall be in writing and shall be deemed to have been duly delivered upon completion of five (5) business days following the date of their mailing, by registered mail, or by established international courier service or served through Email ID of the respective party which shall be deemed delivered upon delivery of e-mail
Change in Policy :
We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Website. Any new version of these Terms of Use shall take effect and will govern the use of the Services and Your relationship with us immediately upon the date of posting. By continuing to use the Service, You agree to be bound by the terms of these updates and amen
Survival :
The following Sections survive any expiration or termination of these Terms: (Free Access Subscriptions); (Ownership and Feedback); (Payment Terms); (Term and Termination); (Confidential Information); (Warranties and Disclaimers); (Indemnification Obligations); (Limitations of Liability); and (General/Miscell Complaint: If We receive a complaint from any person against You with respect to Your activities as part of the use of the Services, We will forward the complaint to the primary email address of Your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by Us and copy it in the communication. If You do not respond to the complainant within 10 days from the date of our email to You, We may disclose Your name and contact information to the complainant for enabling the complainant to take legal action against You. You understand that Your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as Your consent to the disclosure of Your name and contact information by EXECLINK to the compliance
Feedback :
If You wish to provide any suggestions, comments, improvements, information, ideas, or other feedback or related materials to Services (collectively, “Feedback”), You hereby grant EXECLINK a worldwide, perpetual, non-revocable, sub-licensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit any Feedback in any format and in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise. Nothing in these Terms limits EXECLINK’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.