Terms Of Service

The www.nxtradata.com website (Site) is operated by Nxtra Data Limited (we, us, our), and these Terms of Use apply to the visitors and users of the Site (you, your), including the products, services, Content (as defined below), tools, and information on the Site. By using or accessing the Site, you agree to these Terms of Use. These Terms of Use relate to your use of the Site but do not cover your use of our cloud services.

 

We may at any time vary the Terms of Use for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the Site, by publishing the varied Terms of Use on the Site.  You accept that by doing this, we will have provided you with sufficient notice of the variation to the Terms of Use. By using the Site after any variation to these Terms of Use, you have indicated your acceptance to the then current Terms of Use

 

USE OF SITE

The Site is created to provide you with information regarding our products and services and also allows you to use our cloud services, however, these Terms of Use only apply to the Site and do not cover the cloud services. The Site is intended only for your personal, non-commercial use. Unless otherwise specified, you alone are solely responsible for determining whether any feature of the site is appropriate or suitable for your requirements.

 

2. NO WARRANTIES

2.1 We do not warrant, represent or undertake that

 

(a) the Site will meet your needs, or that it will be uninterrupted, timely, secure, error-free or free from viruses;

(b) the information obtained from or available on the Site will be accurate or reliable, or that the quality of any information, or other material purchased or obtained by you through your use of the Site will meet your expectations; or

(c) content advisory ratings, descriptions, photographs or videos made available on the Site  are accurate.

 

2.2 All warranties implied by law, except those that cannot be lawfully excluded, are excluded

 

3. THIRD PARTY COMPANIES, GOODS, PRODUCTS AND MATERIAL

3.1 The Site may contain links to:

(a) websites which are owned or operated by third parties independent of us (Third Party Companies); or

(b) material, including information about and extracts or trailers, for films that will be screened at the Festival which have been created by third parties independent of us (Third Party Material).

 

We make no representations or endorsements in relation to any Third Party Companies or Third Party Material, and we are not responsible or liable for the same. Your use of Third Party Companies and your use of and access to Third Party Material is entirely at your own risk.

 

(3.2) Links to Third Party Companies or Third Party Material on the Site does not imply any endorsement, verification or approval of those Third Party Companies or Third Party Material.

(3.3) Subject to any applicable law which cannot be excluded, we make no warranties, representations or undertakings whatsoever:

 

(i) regarding the suitability, quality, accuracy, merchantability or fitness for purpose of any Third Party Material, or products or services available through Third Party Companies; or

(i) that Third Party Material does not infringe the intellectual property rights of any person.

 

We are not, by providing links on the Site to Third Party Companies or Third Party Material, approving, verifying or authorising in any way the reproduction of Third Party Material, or endorsing the products and services of the Third Party Companies.

 

(3.4) Third Party Companies are independent contractors and are not agents or employees of us.

 

4.PROHIBITED USES

(4.1) You must not use the Site in any manner that could, or could reasonably be expected to, damage or overburden any of our servers, or any network connected to any of our servers. You must not use the Site in any manner that would, or could reasonably be expected to, interfere with any other party’s use of the Site or which is, or which is likely to be, in contravention of any applicable laws or any party's rights or legal entitlements under any applicable laws.

(4.2) You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.  You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

(4.3) We will report a breach of clause ‎4.2 to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use the Site will cease immediately. 

 

5.MEANS OF ACCESS

(5.1) The Site is generally intended to be viewed by a conventional web browser, although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods.

(5.2) You use the Site entirely at your own risk.

(5.3) You must not access the Site through devices or services that are designed to provide high-speed, automated, repeated access.

(5.4) Certain parts of the Site are protected by passwords or require a login. You must not obtain or attempt to obtain unauthorised access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by us for your specific use.

 

6. LINKS TO THE SITE

(6.1) You must not establish a link from any website that you do not own.
(6.2) Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.  We reserve the right to withdraw linking permission without notice.


7.LINKS FROM THE SITE

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.


8. LIMITATION OF LIABILITY

(8.1) Subject to any responsibilities implied by law and which cannot be excluded, none of our directors, employees, agents or contractors, are liable to you for any losses, damages, liabilities, claims and expenses (including without limitation but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to your access to the Site, however caused, whether in contract, tort (including negligence), statute or otherwise.

(8.2) We will not be liable to you or anyone else for any loss resulting from a cause over which we do not have control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorised access, acts or omissions of third parties, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labour dispute or other labour problems, accident, emergency, delay, overbooking, cancellation, Royal demise or action of government.

 

9. INDEMNITY

You indemnify us in full in respect of any liability incurred by us for any loss, cost, damage, or expense howsoever caused, or suffered by us as a result of your breach of these Terms of Use. Where you use the Site inappropriately or maliciously, you agree that you will indemnify us against any losses suffered by us or any third parties as a result of or in connection with such use.


10. AVAILABILITY OF THE SITE

(10.1) As electronic services are subject to interruption or breakdown, access to the Site is offered on an “as is” and “as available” basis only.

(10.2) We may, at our sole discretion, impose limits or restrictions on the use you may make of the Site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, we may withdraw the Site or your access to the Site, at any time and without notice to you.

 

11. RESTRICTIONS ON USE OF THE SITE

You agree that you will not (either yourself or through any third party):

 

(a) use any robot, spider, screen scraper, data aggregation tool or other automatic device, routine or process (Automated Process) to process, monitor, copy or extract any web pages on the Site, or any of the information, Content or data contained within or accessible through the Site, without our prior written permission;

(b) use any Automated Process to aggregate or combine information, Content or data contained within or accessible through the Site with information, Content or data accessible via or sourced from any third party;
(c) use any Automated Process to interfere or attempt to interfere with the proper working of the Site or any transaction or process being conducted on or through it;
(d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Site;
(e) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Site; or
(f) copy, reproduce, alter, modify, create derivative works from, or publicly display, any part of any Content from the Site without our prior written permission.

 

12. THIRD PARTY PROVIDERS TO US

Parts of the Site, including the provision of payment processing or other services offered via the Site, may be outsourced by us to third party providers. These Terms of Use apply to any outsourced services, unless you are otherwise notified of any alternate terms of use.


13. PRIVACY

Your privacy and security is very important to us. Certain data items are collected and used by the Site in order to provide online services. The Site will record and track the use you make of the Site through the use of, among other things, cookies and other monitoring tools and devices. The use of this data is subject to our Privacy Policy. The Privacy Policy is deemed to be part of these Terms of Use and you must read it in full. If you do not indicate your acceptance of the terms of the Privacy Policy, you may not use the Site.


14. COPYRIGHT AND TRADEMARKS

(14.1) All intellectual property rights, including without limitation copyright in all Content on the Site, are owned by us or by our licensors and may not be reproduced or used in any manner without ur express written consent.

(14.2) The Nxtra Data Limited trade marks (Trade Marks) are the sole property of us or our licensors. Third party trade marks are trade marks of the respective third parties.
(14.3) Except where necessary for and incidental to personally viewing the Site through your web browser, or as permitted by these Terms of Use or under applicable laws, no part of the Site may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without our specific prior written consent.

 

15. GENERAL

(15.1) The law applicable to the Site and to disputes arising out of the Site are the laws of India. You irrevocably submit to the exclusive jurisdiction of the courts of New Delhi.

(15.2) We may perform any of our obligations, and exercise any of the rights granted to us under these Terms of Use, through a third party. We may assign any or all of our rights and obligations under these Terms of Use to any third party.
(15.3) If any clause or part of any clause of these Terms of Use is found to be void, unenforceable or invalid, then it will be severed from these Terms of Use, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms of Use.
(15.4) You may not rely on our words or conduct as a waiver of any right unless the waiver is in writing. In this clause, “conduct” includes delay in the exercise of any right. For the purposes of this clause, “right” means any of our rights arising under or in connection with these Terms of Use or otherwise, and includes the right to rely on this clause.

 

About Nxtra

Nxtra Data Limited is Bharti's Data Centre Managed Services company. We offer a full range of data centre ‎managed services to the enterprise, government, carrier and SMB segments.

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