Terms & Conditions

Terms & Conditions

You are advised to read and understand these Terms carefully.

By downloading or accessing the Website or mobile app to use the Services, you irrevocably accept all the terms &conditions stipulated in this Agreement, and Privacy Policy, as available on the Website or mobile app and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website, mobile app or avail any Services.

Terms of Use for the users &subscribers for the use of 'aucxon' provided by AUCXON LOUNGE (OPC) PRIVATE LIMITED ("Aucxon").

These Terms of Use constitute the agreement (the "​Agreement​" or "​Terms of Use​") between Aucxon and the user of Aucxon's Services ("User", as defined in this agreement). Your use of Aucxon's Services, which include 'Aucxon' service accessible at ​www.Aucxon.com, ​for which a amount is payable for usage ​(hereinafter individually referred to as the "​ ​Service​" and collectively referred to as the "​​ Services​") is subject to the following terms and conditions.

This Agreement, among other things, provides the terms and conditions for use of Services, primarily a web based management hosted and managed remotely through the website and through native mobile applications of this Agreement. The site www.Aucxon.com is owned and operated by Aucxon.

This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Services.

YOUR AGREEMENT WITH AUCXON

  • We reserve the right to modify the Terms of Use at any time without giving you any prior notice. Your use of the Services following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of these Services or to particular Services are also considered as Terms of Use.
  • You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us.
  • Your access to use the Services will be solely at the discretion of Aucxon.

WHO IS AUCXON?

Aucxon is the author and publisher of the software Aucxon (including all files and images contained in or generated by the software, and accompanying data, together the "​Software​"). The Services have been designed for use at Individuals, businesses, institutions, establishments and organisations engaged and their clients ("​End-Users​", which term shall also include members of public who search on the website anonymously or as a registered user of the Service) to find, manage and organise information including but not limited to personal or non­ personal information, practice and business information, video details etc., All users of the Services are together termed as ("​Users​"or "you" or "your").

Aucxon makes no express or implied representations or warranties about its Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non­infringement. Aucxon does not authorize anyone to make a warranty on Aucxon's behalf and you may not rely on any statement of warranty as a warranty by Aucxon.

TERMS OF USE

  • By using the Services, you agree that you have read and understood these Terms of Use and you agree to be bound by these Terms of Use and use these Services in compliance with these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT CLICK THE "SUBMIT" or "SIGNUP" or "REGISTER" BUTTON, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE SERVICE. You expressly represent and warrant that you will not use these Services if you do not understand, agree to become a party to, and abide by all of the terms and conditions specified below. Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any rights to any third party or any other person. YOUR USE OF THE Aucxon MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
  • You must be 18 years of age or older to register; use these Services in any manner. By registering, or accepting this Agreement, you represent and warrant to Aucxon that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services available through the Aucxon and agree to and abide by this Agreement. You also represent and warrant that you are not a person barred from receiving the Services under the laws of India or other countries including the country in which you are resident or from which you use the Services.
  • The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
    • the Indian Contract Act, 1872,
    • the (Indian) Information Technology Act, 2000, and
    • the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "​SPI Rules​"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "​IG Rules​").
  • A condition of the User's use of and access to the Services available provided by Aucxon to Users is the User's acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource/the Services immediately and immediately discontinue use of all Services available at the Aucxon.
  • Aucxon authorizes the User to view and access the content available on the Services solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Services, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Services (collectively, "​Aucxon Content​"), are the property of Aucxon and are protected under copyright, trademark and other laws. User shall not modify the Aucxon Content or reproduce, display, publicly perform, distribute, or otherwise use the Aucxon Content in any way for any public or commercial purpose or for personal gain.
  • Multiple Users are not permitted to share the same/single log­in.
  • If you are an employee, associate, consultant, intern or are in any way associated to the User that has subscribed to the Services and the subscribing User has authorized you, explicitly or implicitly, to use the Services, this Agreement is a three­way agreement between you, the User and Aucxon. Both the User and Aucxon may seek recourse against you for any violation of the terms of this Agreement.
  • Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their log­in or right to use the Services to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the Services and for ensuring that all of such Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such User shall be deemed to be a violation thereof by you.
  • These Terms of Use will also be applicable to Users who access Software features using native mobile applications published by aucxon including but not limited to its applications for devices running on platforms such as iOS, Android and any derivatives or any other platforms. Additional terms of use may be applicable to Users while accessing Software using such mobile applications.
  • You agree that any registration information you give to aucxon will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Services be registered in your name and you might be asked to provide supporting documents to prove the same.
  • You agree that you will not use the Services provided by aucxon for any unauthorized and unlawful purpose. You will not impersonate another person, including, without limitation, a User, a Practice or User.
  • You agree to use the Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
  • You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Aucxon, unless you have been specifically allowed to do so in a separate agreement with Aucxon.
  • You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
  • You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Services for any purpose whatsoever.
  • You agree that you are solely responsible for (and that aucxon has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Aucxon may suffer) of any such breach.
  • You shall indemnify Aucxon for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by aucxon as a result of your breach under any applicable law.
  • You expressly acknowledge and agree that your use of the Services is at your sole risk and that the Services are provided "as is" and "as available".
  • You agree that this Agreement and the Services of aucxon are subject to any modification, or may be removed by aucxon, as a result of change in government regulations, policies and local laws as applicable.
  • You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any log­in you use to access the Software.
  • Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other Service or service that may be provided by Aucxon.

Use of Services

  • Aucxon provides Software through its website (https://aucxon.com), as a Software as a Service (SaaS) model. Aucxon is not responsible for and does not deal with any of client managed by User through the website or native mobile applications and only provides Software to User through the website and native mobile applications. To the extent User uses such software or downloads such software from the website, the software, will be deemed to be licensed to User by Aucxon, for providing Services to User and enabling User to use those Software only. Aucxon does not transfer either the title or the intellectual property rights to the Software and other its Services, and Aucxon (or its licensors) retain full and complete title to the Software as well as all intellectual property rights therein. User agrees to use the Services and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Information provided by a User to Aucxon may be used, stored or re­published by Aucxon or its affiliates even after the termination of these terms of Service.
  • Aucxon may offer at its discretion, a free trial of its Services for a specified time period. Users of the Software during the trial period are bound by the terms of this Agreement and any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions. Any data User enters into the Software, and any customizations made to the Software by or for User, during User's free trial will be permanently lost at the expiry of the specified time period unless the User upgrades his/her/its to one of the User Plans. Aucxon does not provide any warranty during the trial period.
  • Aucxon offers its Services on basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honour customization requests of any User. The fee hence charged is exclusive of any customisation costs.
  • User shall not access the Services of Aucxon if the User or the organisation that he/she/it represents is Aucxon's direct competitor, except with Aucxon's prior written consent. In addition, the User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
  • Aucxon provides, at its discretion provides basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which Aucxon shall give at least 8 hours' notice to Users via the Services or (ii) any unavailability caused by circumstances beyond Aucxon's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays. Aucxon will provide the Services only in accordance with applicable laws and government regulations.
  • Notwithstanding anything to the contrary contained herein, Aucxon does not warrant that its Services will always function without disruptions, delay or errors. A number of factors may impact the use of the Services (depending on the Services used) and native mobile applications and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, your power supply and telephony services. Aucxon takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
  • In the event the Software are not available due to apparent default at Aucxon's end or are rendered unusable, Aucxon may at its discretion extend the period of the User only by such number of calendar days when the Services were not available. However, you shall agree that Aucxon is not responsible and will not be held liable for the any failure of the intermediary services such as, data or internet connectivity failure or telephonic disconnections.
  • The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Users are permitted to make against Aucxon's application programming interface, and, other limitations dependent on the 'User Plan', for example, number of SMS, number of appointments, number of users or accounts, validity of , storage limitation and any other limitations. Any such limitations are specified in the User Plans.
  • The Services are not intended for and must not be used for emergency purposes such as emergency appointments, emergency procedures or any other emergency situations.
  • Aucxon may, at its sole discretion, suspend User's ability to use or access the Services at any time while Aucxon investigates complaints or alleged violations of this Agreement, or for any other reason.
  • Aucxon reserves the right to use all information captured in its Services in anonymised form for the purpose of its Services improvements, and providing analytics and businesses intelligence to the third parties. On the basis of such information, Aucxon tries to make its Services more useful in following way:
    • Promotion of new Services,
    • Analysing software usage patterns for improving Services design and utility;
    • Analysing anonymised cleint' information for research and development of new technologies and any other Services offerings;
  • Users can use the rectification tools provided by Aucxon or contact Aucxon immediately for rectifications. Aucxon shall bear no liability or responsibility in this regard.
  • Aucxon reserves the right to use the following types of information stored in our software:
    • Company information;
    • User information;
    • End-Users' demographic information as anonymised form;
    • End-Users' information in relation to his history (anonymised form)
  • While Aucxon makes every feasible effort to ensure a confirmed appointment for a End­User who requested an appointment on the Service, Aucxon does not guarantee that the appointments will be confirmed in all cases. Further, Aucxon has no liability if such appointment is confirmed but later cancelled by any of the End-Users, or the Users are not available as per the given appointment time.
  • Certain Services (including ancillary Services) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Software ("​Specific Terms​"). In such cases, the applicable Specific Terms will be and your access to and use of the relevant Services will be contingent upon your acceptance of and compliance with such Specific Terms.
  • Aucxon reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of its Services or native mobile application or all of these at its discretion. All Users of its Services will be duly notified upon release of such newer versions and Aucxon reserves the right to automatically upgrade all Users to the latest version of its Software as and when it deems fit.
  • Aucxon Terms of Use:
    • Aucxon (​"Aucxon"​) is available 'on the cloud' wherein Users are able to access to solution for a specific period of time, as chosen by them.
    • The User agrees that if the Software is being used by its employees or agents, including assistants, such employees or agents will use the Software in accordance with this Agreement.
    • Aucxon reserves the right to make any further operational changes to the Software, at its discretion and the Users will be notified of such changes or updates with a prior notice.
    • User shall agree that they will be subscribing the Software for the purpose of End­User management and will not use the Services provided by Aucxon for any unauthorized and unlawful purpose. You will not impersonate another person.
    • User shall agree that you will indemnify and keep indemnified Aucxon for all the costs, damages and losses any in case of any breach of security procedures by the User(s), User's employees or its vendors.
    • Any communication sent by or through Aucxon to the clients or customers (whether or not End-Users) of a particular User is based solely on information uploaded by such User on the Aucxon software. The accuracy and completeness of such information (including but not limited to contact details of the client or customer) is the sole responsibility of the User. Aucxon will not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
    • Aucxon sends alerts pertaining to the meetings &tasks to the End Users of the Customers and enables the End Users to also access their appointment details through User account created through website or Aucxon mobile app.

Payment, Fees and Taxes

  • Aucxon may add new Services for additional fees and charges or may proactively amend fees and charges for existing Services, at any time in its sole discretion. Fees stated prior to the Services being provided, as amended at Aucxon's sole discretion from time to time, shall apply.
  • If you purchase any based paid Service, you authorize Aucxon to charge you applicable fees at the beginning of every period or at such intervals as applicable to the said Service, and you authorise Aucxon make such modification to the fee structure as required during the subsistence of a period and also agree to abide by such modified fee structure.
  • You agree that the billing credentials provided by you for any purchases from Aucxon will be accurate and you shall not use billing credentials that are not lawfully owned by you.
  • The User agrees to pay all fees, consulting fees and other fees applicable to User's use of Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and on any additional usage beyond limitations of the User plans but not on actual usage of the Services. The fee is non­refundable.
  • Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. Aucxon is in no way responsible for any of the User's taxes or legal or statutory compliances, except for its own due diligence.
  • Aucxon may make available an offline fee payment facility, supported by a third party vendor. Aucxon is not responsible for any loss or damage caused to the User using this payment facility provided by such third party vendor.
  • The fees could also be paid by cheque payable at Bengaluru, either collected personally from the User or required to be mailed to Aucxon at the following address: AUCXON LOUNGE (OPC) PRIVATE LIMITED, #Crystal Park, Flat D3, Floor I Block A Mahaniyum, Malaipattu, Sriperumbudur, Kanchipuram- 601301, Tamil Nadu.
  • All fees are exclusive of taxes. Service Tax and other statutory taxes as applicable are levied on every purchase.
  • The payment process would be considered to be complete only on receipt of the fees into Aucxon's designated bank account.
  • Fees not received within the specified due dates may attract late charges of from the due ­date of payment, and any such charges may be levied at Aucxon's sole discretion.
  • Aucxon reserves the right to modify the fee structure by providing a 30 (thirty) days' prior notice, either by notice on the Services or through email to the authorized User, which shall be considered as valid and agreed communication. Upon the User not communicating any response to Aucxon to such notice, Aucxon shall apply the modified fee structure effective from the expiry of the said notice period.
  • In order to process the fee payments, Aucxon might require details of User's bank account, credit card number and other such financial information. Users are directed to check our privacy policy on how Aucxon uses the confidential information provided by Users.
  • Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, an invoice for subsequent period/renewals shall be generated 10 (ten) days prior to the expiry of the existing period and an email will be sent to such User registered with Aucxon intimating such User about expiration of the current period and that the credit card of such User registered with Aucxon will be charged automatically against payment of fee for subsequent period, along with a copy of the invoice for the subsequent period/renewal.
  • If a User is not willing to continue or renew the of Services, the same shall be communicated to Aucxon by the User within 3 (three) days of receipt of such intimation from Aucxon. In the absence of such intimation to discontinue the , Aucxon shall be entitled to charge the credit card of the User registered with Aucxon on the day the current period expires.
  • Aucxon shall send an intimation of receipt of fee from the Users through an email within 7 (seven) working days of receipt of fee into Aucxon's designated bank account.
  • In case of non­payment of any fee beyond the date a payment becomes overdue (overdue date), Aucxon reserves the right to take any or all of the following actions as it deems appropriate (i)reduce all Service credits in Users' Services account to 0 (zero) anytime after 3 (three) days from the overdue date, including but not limited to SMS and Call credits. (ii)discontinue the Services to the User anytime after 7 seven) days from the overdue date. (iii)delete all information in User's account anytime after 30 (thirty) days from the overdue date.
  • Fees and charges shall be calculated solely based on records maintained by Aucxon or its third party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. Decision of Aucxon shall be final and binding in relation to any fees payable by Users.
  • You can cancel your access to the Services using any of the cancellation methods listed in the Terms of Use or by contacting our customer support by email at support@ucxon.com.
  • Aucxon will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or parts. The fees are non­transferable and the payment made by the User for a particular Service cannot be transferred or carried over to another Service.

Collection, Use, Storage and Transfer of Personal Information

  • The terms "personal information" and "sensitive personal data or information" are defined under the SPI Rules, and are reproduced in the privacy policy ("​Privacy Policy​") available at ​www.Aucxon.com/privacy_policy.
  • The Privacy Policy sets out:
    • The type of information collected from Users, including sensitive personal data or information;
    • The purpose, means and modes of usage of such information; and
    • How and to whom Aucxon will disclose such information.
  • The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
    • the fact that the information is being collected;
    • the purpose for which the information is being collected;
    • the intended recipients of the information;
    • the name and address of the agency that is collecting the information and the agency that will retain the information; and
    • the various rights available to such Users in respect of such information.
  • Each User /Organisation and its users of Software will be responsible for obtaining explicit consent from their End-Users before storing any End­User information in Software.
  • Aucxon shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Aucxon or any other person acting on behalf of Aucxon.
  • The use of the Services involves every User's registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the privacy policy. The other information collected by Aucxon from Users as part of the registration process is described in the privacy policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.
  • The User is responsible for maintaining the confidentiality of the User's log­in account access information and password. The User shall be responsible for all usage of the User's log­in or password, whether or not authorized by the User. The User shall immediately notify Aucxon of any actual or suspected unauthorized use of the User's log­in or password. Although Aucxon will not be liable for your losses caused by any unauthorized use of your account such as stolen or hacked passwords, you may be liable for the losses to Aucxon or any others parties due to such unauthorized use.
  • If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Aucxon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Aucxon has the right to discontinue the Services to the User at its sole discretion.
  • Aucxon may, at its discretion, use information stored in its Services from time to time for the purposes of debugging customer support related issues.
  • Aucxon collects and uses Users personal and demographics information in ways as stated in Privacy Policy that can be found at www.Aucxon.com/privacy_policy. Aucxon intends to seek User's permission if it wishes to use any User's personal data for any purpose not specified herein or in the Privacy Policy. Any information provided by the User may be retained by Aucxon and used at its discretion after termination of this Agreement or expiry of a by the User, and thereupon the Agreement and Privacy Policy of the Website shall be applicable to such information.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Covenants

  • As mandated by Regulation 3(2) of the IG Rules, Aucxon hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
    • belongs to another person and to which the User does not have any right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • harm minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • violates any law for the time being in force;
    • deceives or misleads the addressee (or End­User or User) about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • impersonate another person;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
  • The User is also prohibited from:
    • violating or attempting to violate the integrity or security of the Services or any Aucxon Software;
    • transmitting any information (including job posts, messages and hyperlinks) on or through the Services that is disruptive or competitive to the provision of Services by Aucxon;
    • intentionally submitting on the Services any incomplete, false or inaccurate information;
    • making any unsolicited communications to other Users;
    • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service;
    • attempting to decipher, decompile, disassemble or reverse engineer any part of the Services unless explicitly permitted by Aucxon;
    • copying or duplicating in any manner any of the Aucxon content or other information available from the Service;
    • framing or hotlinking or deeplinking any Aucxon content.
    • circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
  • Aucxon, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned, shall be entitled to disable such information that is in contravention. Aucxon shall be entitled to preserve such information and associated records for at least 90 (ninety) days for service on to governmental or investigative authorities for investigation purposes.
  • In case of non­compliance with any applicable laws, rules or regulations, or the Agreement (including the privacy policy) by a User, Aucxon has the right to immediately terminate the access or usage rights of the User to the Services and to remove non compliant information.
  • Aucxon may disclose or transfer User Information (as defined in the privacy policy) to its affiliates, and you hereby consent to such transfer. The SPI Rules only permit Aucxon to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Aucxon as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Aucxon or any person on its behalf and the user or where the User has consented to data transfer.
  • Aucxon respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

Liability

  • Aucxon shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by Aucxon, where the User has consented to the making of disclosures by Aucxon. If the User had revoked such consent under the terms of the privacy policy, then Aucxon shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Aucxon prior to its actual receipt of such revocation.
  • The User shall not hold Aucxon responsible or liable in any way for any disclosures by Aucxon under Regulation 6 of the SPI Rules.
  • The Software provided by Aucxon or any of its licensors or providers are provided "as is"," as available", and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non­infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Aucxon does not provide or make any representation, warranty or guaranty, express or implied about the Services. Aucxon does not verify any content or information provided by Users on its Services and to the fullest extent permitted by law, disclaims all liability arising out of the User's use or reliance upon the Services, , the Aucxon Content, representations and warranties made by the Users or the content or information provided by the Users on the Services or any opinion or suggestion given or expressed by Aucxon or any User in relation to any User or Services provided by such User.
  • Aucxon assumes no responsibility, and shall not be liable for ways in which End­User data is used by Users and other authorized users of Software at a Service. It is the responsibility of the Service alone to ensure that the End­User data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of users accessing Software through mobile applications published by Aucxon, is used in compliance to local privacy laws applicable to the User's business transactions with End-Users.
  • The Services of Aucxon may be linked to the services of third parties, affiliates and business partners. Aucxon has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Services or made available by/through our Services. Inclusion of any link on the Services does not imply that Aucxon endorses the linked site. User may use the links and these Services at User's own risk.
  • Aucxon assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Services or the downloading of any material, data, text, images, video content, or audio content from the Service. If a User is dissatisfied with the Service, User's sole remedy is to discontinue using the Services of Aucxon.
  • The Services may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Aucxon representatives or agents, and their opinions or statements do not necessarily reflect those of Aucxon, and they are not authorized to bind Aucxon to any contract. Aucxon hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
  • In no event, including but not limited to negligence, shall Aucxon, or any of its directors, officers, employees, agents or content or service providers (collectively, the "​protected entities​") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Services or the content, materials and functions related thereto, User's provision of information via the Services of the Aucxon, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any Services by Users to End-Users contacted or managed through the Service. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Services. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User's use of the Services exceed, in the aggregate Rs. 500.
  • In no event shall the protected entities be liable for failure on the part of the Users to provide agreed Services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the Services provided by a User.
  • The protected entities and the Aucxon shall not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in Aucxon Services made to you, or for any unauthorized interception of Customer's communications or other breaches of privacy attributable in part to the acts or omissions of Customer or third parties, or for damages associated with the Service, or equipment that it does not furnish, or for damages that result from the operation of Customer provided systems, equipment, facilities or services that are interconnected with the Service.

Indemnity

  • User agrees to indemnify and hold harmless Aucxon, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of Software, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Aucxon will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Spamming

  • Aucxon has a zero­tolerance spam policy. Aucxon employs controls on user permission to receive Content from Aucxon's Services and has easily accessible ways for users to block or not receive content if they chose to. However, Aucxon's policy on spam is clearly stated below:
    • Spamming is defined as the practice of (i) sending unsolicited messages, likely with commercial content, (ii) in large quantities (iii) to an indiscriminate set of recipients. The result of this practice is termed "Spam".
    • The sender of any message deemed to be "spam" is liable for Rs. 5,000/­ for each End­User that receives each unauthorized message. The sender of 'Spam' will pay all fees owed to Aucxon within thirty (30) days of such transmission.

Term, Termination and Disputes

  • This Agreement will remain in full force and effect while the User is a user of any of the Services in any form or capacity.
  • The User can request for termination of his/her/its membership with Aucxon at any time by providing 30 (thirty) days' prior written notice to support@aucxon.com. During this 30 ­day period, Aucxon will investigate and ascertain the fulfilment of any ongoing Services or pending dues related to fees or any other fees by the User. Aucxon may require the User to continue his/her/its until the completion or termination of an on­going Services or period, should the situation warrant and at Aucxon's discretion. The User shall be obligated to clear any dues with Aucxon for any of its Services for which the User has procured. Aucxon shall not be liable to you or any third party for any termination of your access to the Site and/or the Services.
  • Aucxon reserves the right to terminate any account in cases:
    • A User breaches any terms and conditions of this terms of use or privacy policy;
    • Aucxon is unable to verify or authenticate any information provide to Aucxon by a User; or
    • Aucxon believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for Aucxon or are contrary to the interests of the Service.
  • Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Services under the same account, a different account or re­register under a new account, unless explicitly permitted by Aucxon. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other content kept on the Services by such User. The User shall ensure that he/she/it maintains has continuous backup of any User­provided content, data or information on the Service, in order to comply with his/her/its record keeping process and practices. Nothing contained in these Terms of Use shall restrict Aucxon's use of the data or right to publish information made available by a User in the public domain through the Services or any other platform managed by Aucxon after the termination or expiry of a or cessation of operation of these Terms in relation to a specific User.
  • Return of User's Data: Upon request by a User made within 7 (seven) days after the effective date of termination of a Services due to non­payment, Aucxon will make available to the User for download a copy of such User's data in comma separated value (.csv) format or any other format as determined by Aucxon. After such 7 (seven) days period, Aucxon shall have no obligation to maintain or provide any of such User's data and shall thereafter, unless legally prohibited, delete all User's data in its systems or otherwise in its possession or under its control. In cases where User terminates the voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the ­ Users data will not be available after termination of in such cases.
  • Aucxon reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User's content from the Services and immediate termination of the User's account with or without ability to access the Softwares, upon any breach by the User of this Agreement or if Aucxon is unable to verify or authenticate any information the User submits to Aucxon, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Aucxon to provide the Services to the User.
  • This Agreement and any contractual obligation between Aucxon and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Bengaluru, India.
  • Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

Theft of Services

  • You agree to notify Aucxon immediately, in writing or by mail to ​ support@aucxon.com or by calling Aucxon customer care on +91 98842 33843, if your content is stolen or if you become aware at any time that your account with any Service is being misused or being used fraudulently. When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Services and additional charges to you. You will be liable for all use of the Services if your account is misused and also for any and all stolen Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, Aucxon shall not be liable to extend the period or waive­off any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. Aucxon will not issue refunds for fraudulent use resulting from your negligent or wilful acts or those of an authorized user of your Services.

Misuse of Services

  • Aucxon may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse includes creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of these Terms of Use, or any other behavior that Aucxon, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Aucxon has adopted a policy of terminating accounts of users who, in Aucxon's sole discretion, are deemed to be repeat infringers of any Terms of Use even after being warned by Aucxon.

Severability and Waiver

  • If any provision of this terms of use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Contact Information

  • If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at ​ support@aucxon.com​.
  • If a User has any questions concerning Aucxon, the Service, this Agreement, or anything related to any of the foregoing, Aucxon can be reached at the following email address ­ ​ support@aucxon.com or via the contact information available from the following hyperlink: ​www.Aucxon.com/#contact