Terms & Conditions

These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use” or “Terms of Service”) shall govern the relationship between Xellier Network Solutions Private Limited, a private limited company, incorporated under the provisions of Companies Act, 2013, and having its registered office at #202, Sector - 46, Faridabad, Haryana, PIN: 121010 (hereinafter referred to the “Company” or “Inxense” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user” or “users” or “customers”) and shall also govern your use of www.inxense.in/ and our application, namely, “Inxense” (hereinafter referred to as the “Website” or “Site” or “App”).

These Terms are published in accordance with Rule 3(1) of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This document has been made in full compliance with Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and Consumer Protection (E-commerce Rules), 2020This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read these Terms carefully, as these, along with our Warranty & Repair PolicyPrivacy Policy statement and Cookie Policy forms the entire agreement between you and Inxense. If you do not accept these Terms in its entirety, then you may not use the site or App or purchase our products.

Additionally, whenever you make a purchase on our Website, the same is governed by our Warranty & Repair Policy, and how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement and Cookie Policy. These Terms & Conditions shall be read in conjunction with our Shipment Policy, Warranty & Repair Policy, Privacy Policy statement and Cookie Policy.

  1. Acceptance of the Terms & Conditions

By accessing or using or registering or shopping on our Website or App in any way or clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

    i.) You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website or App.

    ii.) You are of sound mind and at least 18 years in age, in order to form a binding contract with us. In case you are not 18, then you must have the permission of your lawful guardian to use and access or make purchases on the Website or App.

    iii.) You agree to use all our products and our App strictly in accordance with the applicable laws, rules and regulations. You warrant that you will not use our products or App for anything illegal, or to violate anyone’s privacy rights. 

    iv.) While using the Product you agree and acknowledge that the Product is intended to be used as a monitoring device for personal use only. The Product does not provide any in-house or third-party alarm monitoring services, including any automatic contact with local police authorities. The Product is intended for non-time critical control and management of data and information.

    v.) We must not have previously disabled your account for violation of law or any of our policies.

    vi.) You have read, understood and consented to our Warranty & Repair Policy as well as our Privacy Policy statement and Cookie Policy.

  1. Accounts, Passwords, and Security

a) Account Registration: To access various parts of the App, and to avail various services of Inxense, you might be required to register and create an account on our App. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As partof the registration process, you will create a password and an account. 

b) Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.

c) Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of any or all of the services.

  1. Use of the Site and App
i.) Allowed uses:

a) Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site and App.

b) Information: Whenever prompted, you must provide us with the correct, accurate and updated information, including but not limited to your name, billing details, shipping details, email, contact number etc.

c) Notify us: You must notify us immediately of any breach of security or any unauthorized use/ access of your user account or any sub-user account (if any).

d) Preserve: You undertake to take all the necessary measures to preserve, in good condition, our products and devices purchased, used and accessed by you.

e) Instructions: This Agreement, supplemented by product/device and its components, parts, kits thereof specific care and safety instructions/ user manual pertaining to its use, shall be at all times strictly followed, failing which the Company shall disclaim all warranty obligations over the device.

f) Material: For the purposes of these Terms, “material” shall mean any text, video, graphics, sound material, published on the Website or App, whether a copyright of Inxense, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website or App. You must not reproduce any part of the Website or App or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.

ii. ) Restricted uses:

a) You can’t impersonate others, create duplicate accounts, or provide inaccurate information. 

b) You cannot use our Site or App or purchase our products for the purpose of resale;

c) You cannot breach or circumvent or attempt to break or circumvent our authentication and security processes and measures of our systems or networks.

d) You cannot reverse engineer or try to reverse engineer any of the proprietary/ intellectual property aspect of, including but not limited to the products and services, software, our platforms, networks, systems, etc., wholly or in part.

e) You must not misuse or interfere with the Services or Website or App or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.

f) You must not:
  • republish material from this Website or App;
  • sell, rent or sub-license material from the Website or App;
  • show any material from the Website or App in public without our consent;
  • edit or otherwise modify any material on the Website or App (other than editing your own information as per the method provided);
  • reproduce, duplicate, copy or otherwise exploit material on our Website or App for a commercial purpose; or
  • redistribute material from the Website or App, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
  • infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
  • We reserve the right to restrict your access to any areas of our Website or App, or indeed our whole Website or App, at our discretion.

g) You must not use our Website or App in any way that causes, or may cause, damage to the Website or App or impairment of the availability or accessibility of the Website or App; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

h) You cannot access, use or tamper with the non-public areas of any of our software, platforms, networks or our systems.

i) You cannot access or operate our products and services through your user account created and in no event use another person/ entity’s user’s account for any purpose or objective.

j) You must not use our Website or App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

k) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website or App, without our express written consent.

In case of your violation or non-compliance of any of the terms mentioned in this Terms & Conditions, we reserve the right to suspend or terminate your account or your access to the Website or App or our services, at our sole discretion.

  1. Ownership Rights
This Website, the App, its logos, its content, trademarks, trade dress, trade name, all of our products as purchased by you, shall remain the sole property of the Inxense. Your use of or access to this Website or App or purchase of the products shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website or App, products, any content published by us or our licensors or third parties. This Website, App, products and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Website or App are the exclusive property of, or are licensed to the Inxense and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website or App or our products may be made without the prior written permission of the Inxense.

5.  Privacy
In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Website and App.

6. Links to Third-party Sites 
The Website or App might contain links to third-party websites, products and services. For example, the Website or App works with third party payment service providers to provide you the most convenient payment options or our App could contain certain features that are powered by third parties.Such third-party links are not under the control of Company, and Company is not responsible for any third-party links. Company provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party website, and you get out of the jurisdiction of our Website or App. Therefore, you shall be governed by the terms & conditions, privacy policy and other policies of such third-party websites and we suggest that you read those policies.In case of any damage due to such action of third-party links, Inxense shall not be responsible.

7. Orders, Payments and Taxes

All orders are subject to acceptance and availability and you agree to pay for the products that you purchase on our Website or App, and you authorize us to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to borne all the applicable taxes and duties (wherever applicable). We reserve the right to modify the prices of our products, or discontinue the sale of any or all the products, at any time at our sole discretion, without any prior notice.

8. Installation and Use 
You agree and acknowledge that our products are a Do-It-Yourself product and you are solely liable for the decisions you take as an individual related to the installation and use of the Products and Services. This includes, but not limited to, following the installation guidelines and user manual instructions for proper installation, selection of the installation location for the Product, availability of proper internet services for the Product, availability of live power supply for the Product, activation or deactivation of any additional product accessory sought with the Product, testing the Product and ensuring that it is working as per its use and specifications and notifying Inxense of any discrepancies within 1 (one) week of purchase, and compliance with all laws, rules, regulation, and/or ordinances. You acknowledge that Inxense is not responsible for any discrepancies or improper functioning arising due to improper installation of the Product or incapability of the user to use the Product correctly or in compliance with the laws, rules, regulations and/or ordinances. You as a user hereby, without limiting other sections in this Agreement, release Inxense from any damages, loss of data and information, improper functioning or expenses incurred resulting from or as a consequence of discrepancies related to the installation or use of the Products and Services. Notwithstanding anything to the contrary contained herein, if and when the product is purchased via our authorized partners, they may bundle or charge extra for installation labor services. Any grievances relating to such installation shall be taken up directly with such authorized partners, and we shall not be liable for the same.

9. Connectivity and Availability 
Our Products and Services will require certain input parameters to perform efficiently and hassle-free including an active internet connection and live power supply. You need to ensure that the data plan and service is compatible with the Inxense product/ device and services you want to use. The user shall be solely responsible if he/ she is not able to utilize full features of his/ her subscription plans owing to non-availability of necessary input parameters as stated and required by the product. Some products and services may be offered for a limited time or might require you to upgrade your current subscription. In addition, if the purchased product or service is located in an area where the internet and data services are partially or fully inaccessible, then Inxense would not be responsible for any corresponding loss of product features and services. You are also responsible for any charges you may incur on the product and services resulting from, including but not limited to, the transmission of data online or cost of internet services. You acknowledge that you are responsible for any such costs and expenses incurred by you in relation to use and access of Inxense Products and Services.

10. Responsibility of Data Management 

You are solely responsible for the personal information and other data shared by you at our platform while availing our products and services. Please refer to our Privacy Policy to familiarize yourself with the terms and conditions of collection, use, storage and disclosure of your information in respect of use and access of our products and services. You are responsible for the protection of your personal data like login id, password, and other sensitive information. If you decide to share your account details with your family or friends, then you are fully and solely responsible in respect of the personal details you give them access to. In case of returns or un-subscription of or from any product or service, you are responsible for erasing all your personal data in your account and the data stored on your Product to the cloud. You are solely liable for storing and managing the data and information that is stored on your Product or via your Services. We expressly disclaim any obligation or consequent liability and shall not be responsible for the loss or management of such data.

11. Disclaimer

a) The site, App and all its products are provided on an “as-is” and “as available” basis, and Inxense (and our licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our licensors and affiliates) make no warranty that the Site or App or product will meet your requirements or likeness, will solve a particular purpose, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. 

b) Inxense does not warrant that the Products and Services: (i) will perform error-free, deficient-free or uninterrupted, or that Inxense will correct all or any errors, deficiencies or defects, in any or all events; (ii) will operate in combination with any of your unauthorized devices (such as desktops, laptops, touch pads, mobile phones, cables, etc.), or with any other hardware, software, systems or data not provided and authorized by Inxense; and (iii) will meet your requirements, specifications or expectations.

c) Products/ services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Consequently, we are not responsible for (i) any delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of the Products and services, any web-based or mobile application, software and cloud services and other related or pertinent content/ services that arise as a consequence therefrom.

d) You acknowledge and agree that the entire risk arising out of your use of the Products and Services, any web-based or mobile application, software and cloud services and other related or pertinent content/ services remains solely with you. Your use of the Products and Services, any web-based or mobile application, software and cloud services and other related or pertinent content/ services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions due to use of and access to the Products and Services, any web-based or mobile application, software and cloud services and other related or pertinent content/ services constitute your agreement and intent to be bound by and to pay for the services provided by the by us and our authorized third parties.

e) By virtue of use and access of the Products and/ or Services by you, Inxense disclaims any liability or responsibility with respect to any data intended for you, including but not limited to advertisements, marketing and promotional materials, value deals, etc., either by Inxense or by any trusted and authorized third party(ies) on behalf of Inxense.

f) Notwithstanding any to the contrary contained herein, some of our products come with 1 (one) year warranty. Please refer to our Warranty & Repair Policy to understand more about this.

12. Limitation of Liability

a) To the maximum extent permitted by law, in no event shall our Company (or our licensors or affiliates) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use or purchase from, the site, even if Inxense has been advised of the possibility of such damages. Access to, and use of, the Site and App is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

b) To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to amount of your order in question. The existence of more than one claim will not enlarge this limit. 

  13. Indemnity
You acknowledge to defend, indemnify and hold Inxense, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:

a) Your violation of ours or any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights;

b) Your wrongful or improper use of our products, services, Site or App;

c) Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;

d) Your violation of these Terms or any other policy of Company as associated with our services;

e) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.

14. Copyright Infringement

a) Please notify us if you believe any of your intellectual property rights have been infringed on our Website or App. Please file your copyright infringement claim with our Copyright Agent, namely Robinson Jose, at privacy@inxense.infor such complaints and claims.

b) You are required to follow the below procedure to file a claim:

i.   Identify in writing the copyrighted material that you claim has been infringed upon;

ii.  Identify in writing the copyrighted material that has infringed upon your copyright;

iii. Provide your current and up-to-date contact information, including your address, telephone number, and e-mail address;

iv. Provide your physical and/or electronic signature;

v.  Send us a written communication to privacy@inxense.in;

vi. You may be subject to liability if you knowingly make any misrepresentations on a take-down notice or claim.

15. Governing Law and Dispute Resolution

i. Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of Republic of India.

ii. Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate courts or tribunal located in Faridabad, Haryana (IND) or Bangalore, Karnataka (IND).

iii. Applicable Statute: The above-mentioned governing law and jurisdiction shall only apply to you unless the contrary has not been provided by the relevant statute, rules or directives applicable to the jurisdiction in which you reside. However, if the statute, rule or directive prevailing in the jurisdiction that you reside in provides for a different governing law and dispute resolution mechanism, in that case you are well within your rights to exercise the same. 

16. Notices
When you use the Website or App or send emails to Inxense, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website or App. Inxense will communicate with you by email or by posting notices on this Website or App. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If You want to give a notice to us, you can do so by dropping an electronic mail to support@inxense.in.

17. Miscellaneous

i.  Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.

ii.  Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.

iii. Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.

iv.  No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions or the Terms of Purchase, there shall be no third-party beneficiaries to these Terms & Conditions.

v.  No Assignment: You may not assign these Terms & Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Inxense, which may be withheld at Inxense’s sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void. 

vi. Entire Agreement: The Terms, Warranty & Repair Policy, our Privacy Policy as well as our Cookie Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Inxense and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website or App.

vii. Force Majeure: Inxense and its third party delivery service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service (such as processing or shipment or delivery of your order), in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.

viii. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.

18. Grievance officer/Designated Representative

In the event you have any grievance regarding anything related to theseTerms or Warranty & Repair Policy or Privacy Policy or Cookie Policy, or with any content or service or product of Inxense, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at:

Name: Robinson Jose

Email: privacy@inxense.in 

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