Your activities, acquisitions and transactions at the Tikxy Platform ("Platform") are governed by (a) the license agreement(s) incorporated in the freely available evaluation copies of the data or applications licensed in registered form through the Platform (which terms are incorporated into the Agreement by this reference), and (b) this document, the conditions, notices and consents that are provided or obtained in connection with the Platform (collectively, “Agreement"). As used in the Agreement “you" are an individual acting on your own behalf, or “you" are an agent of a person or entity that has authorized you to act on that person’s or entity’s behalf.

By using the Platform or by placing an order through the Tikxy website, or by placing an order through any other medium for products described or made available through the Platform, you agree to the following:

Order Modification, Cancellation and Refunds

You agree that all orders placed through the Platform, by telephone, by FAX, by electronic mail, by conventional mail or by any other medium are considered to have been processed at such time as they are received and accepted by Tikxy (or any of its order processing agents such as InstaMojo). Once your order has been processed, it may not be modified or cancelled in any way, for any reason.

You undertake that, having placed an order, you have ensured that all the information provided to Tikxy in conjunction with your order is accurate and correct. You further undertake that you are the person or entity identified as the intended recipient of the product or products being ordered, or that you are acting on behalf of the person or entity so identified with the full authority of the person or entity to enter into the transaction which constitutes your order.

You undertake that you have fully evaluated the freely shared evaluation versions of the software or data products you are ordering, and that you have found them to be entirely suitable for your applications, and free of “bugs" or other limitations which would render the software products unsuitable for use in your applications.

You agree that you will make no effort to withhold payment for your order or to subsequently dispute payment for your order.

You agree that in the event Tikxy does not receive complete payment for your order due to a dispute, insufficient funds or any other cause, Tikxy shall have recourse to seek payment in any manner it sees fit, subject to the laws of the jurisdiction of India (Bangalore). Further, in this eventuality, you agree to pay, in addition to the total value of your order, any reasonable cost of collection required to obtain payment for your order by Tikxy or its agents or representatives.

You agree, in the case of software products which are to be delivered by downloading, that you have sufficient expertise to effect the download using the download facilities provided by Tikxy . The responsibility for successfully acquiring downloadable products is wholly yours. You further agree that your inability to download the software you have purchased does not constitute sufficient grounds for the cancellation of said order, or for dispute of the charges for said order or any products therein.

You agree that non-delivery of your order does not constitute sufficient grounds for cancellation of said order, or for dispute of the charges for said order or any products therein. In the event that your order is not delivered within the time specified by Tikxy at the Platform, you agree to contact Tikxy and arrange to have a replacement order shipped or provided by electronic media, the medium of the replacement order to be identical to the medium of the original order. You agree that the sole responsibility of Tikxy is the replacement of your order. You agree to indemnify, hold harmless, and defend Tikxy and its suppliers from and against any claims or lawsuits, including attorney’s fees, that arise or result from the non-delivery of your order.

In the event that your order is found to have been undelivered due to an error in the information provided by you to Tikxy for the purpose of shipping your order, you agree to compensate Tikxy for the cost of a replacement order, including but not exclusive to packaging, media costs, labor and shipping costs, if so requested by Tikxy.

License

You agree that in ordering software or data products from Tikxy, you are purchasing a license or licenses to use the software products, subject to the specific license terms of the software products. Said licenses pertain only to the version and revision level of the software products current at the time the licenses are conveyed, and do not extend to future releases or updates of the software products.

You agree that the licenses for the software or data products you have ordered are deemed to be conveyed to you through this terms & conditions, unless stated otherwise, at such time as your order for the software products is processed and accepted by Tikxy.

You agree that upon receipt of the software products, licenses or registration codes for the software products you have ordered, by electronic or physical media, whichever occurs first, you are deemed to have received in full the licenses for which you have paid.

You agree that the data and all information received by using data products of Tikxy is solely meant for the subscribers of Tikxy and it may not be further redistributed to anyone, in electronic, printed or any other form, without explicit written permission from Tikxy

You agree that Tikxy shall have the right to terminate your license and your use of licensed products owned at such time as a breech of this agreement or of the specific license agreements for the software or data products is discovered by Tikxy, brought to your attention in writing and which remains unresolved for a period in excess of thirty (30) calendar days beyond the date upon which you are notified of said breech. Upon termination of your license, you will undertake to delete and destroy all licensed materials, copies thereof and registration codes provided to you by Tikxy. Tikxy shall not be required to provide you with redress, compensation, replacement or refund in the event of the termination of your product licenses as the result of an agreement breech.

Warranty

You understand and agree that Tikxy makes no warranty as to the functionality or suitability of its software or data products. You agree to accept sole and complete responsibility for any loss, damage or expense caused to you or to third parties as a result of your use of the software, and to indemnify, hold harmless, and defend Tikxy and its suppliers from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use of any software products.

You agree that Tikxy does not undertake to support the software or data products you have licensed, and payment for the software or data product does not include payment for support of any kind. Tikxy may at its discretion provide you with support services related to the software or data product.

Privacy & Security

Tikxy undertakes to take all reasonable precautions as guaranteed by latest technology and security best practices, to ensure the privacy of information provided to it by you for the purpose of placing an order or otherwise licensing or purchasing products, and for subsequent communications concerning your order, the products you have ordered or related matters.

You undertake that you will keep in confidence any information provided by Tikxy to you, subject only to proper legal due process. You will not disclose to third parties any communication from Tikxy to you without the express written permission of Tikxy.

You undertake that intellectual property owned or distributed by Tikxy and its suppliers, including but not exclusive to the software and data products, constitute confidential information provided to you, and that you will not communicate, distribute or disclose this information to third parties or store it in a manner likely to allow it to be disclosed to third parties except under conditions explicitly permitted in the specific license agreements for said intellectual property. In the absence of specific agreements permitting the disclosure of this material, said intellectual property shall be deemed confidential and a property of Tikxy.

You undertake that in the event that your order proves to be in any way fraudulent, or that you violate any terms of this agreement or the license terms of the products which you license or purchase, or that you attempt to disavow or dispute all or part of the purchase price for your order, Tikxy shall be free to disclose any and all information provided by you in any manner it sees fit, and shall be free to seek legal remedies for the event.

You agree that Tikxy is not responsible for errors, acts of third parties or acts of God which may result in the unintentional disclosure of your private information. You agree to indemnify, hold harmless, and defend Tikxy and its suppliers from and against any claims or lawsuits, including attorney’s fees, that arise or result from the unintentional disclosure of your private information.

Your Representation

You represent and warrant for the benefit of Tikxy that (a) you possess the legal right and ability to enter into this Agreement and make the payment, credit card charges on your own behalf or on behalf of any person or entity for whom you are acting as agent; and (b) all information that you submit to us is true, accurate and current.

You represent that, the electronic contact details such as phone or email that you provide to Tikxy are owned and controlled by you or the entity that you represent, and these electronic contact details are constitutes a secure and suitable contact information that can't be breached.

Electronic Communication

By placing an order with Tikxy, you permit us to communicate with you through electronic media such as e-mail for the purpose of fulfilling and subsequently servicing your order. You agree and understand that electronic communication is not infallible, and that if all or part of the license or license requirements for your ordered products are to be delivered by electronic media and fail to be received by you, Tikxy's sole responsibility will be to retransmit the aforementioned material by electronic media. You agree to indemnify, hold harmless, and defend Tikxy and its suppliers from and against any claims or lawsuits, including attorney’s fees, that arise or result from the failure of the aforementioned material to be successfully transmitted to you by electronic media.

Submission of Ideas, Suggestions or Other Intellectual Property

Any comments or information that you provide to Tikxy, for example feedback or ideas, suggestions, concepts, or other information (collectively, the “Submissions"), shall be deemed, and shall remain, the the property of Tikxy. None of the Submissions shall be subject to any obligation of confidence on the part of Tikxy, and Tikxy shall not be liable for any use or disclosure (including publication in any medium) of any Submissions. Without limitation of the foregoing, Tikxy shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions.

Availability of Ordered Products

All items ordered from Tikxy are subject to availability. We reserve the right to reject any and all orders. Subject to applicable law, Tikxy reserves the right to deliver items acquired as part of your order at different times in the event that they are not available for shipment at the same time. Tikxy also reserves the right to limit the quantity of any items that may be obtained by you through the Platform.

License to Use the Platform

We hereby grant you the right to view and use the Platform for the purpose of shopping in accordance with this Agreement. You may download and print copies of this document and of screens from this Platform for the purpose of retaining records of your transactions at the Platform. Subject to applicable law, Tikxy reserves the right to suspend or deny, at its sole discretion, your access to all or any portion of the Platform with or without notice.

Jurisdiction

This Agreement is governed by the laws of India. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the India and further agrees to commence any litigation which may arise hereunder in the courts located in the Bangalore, India.

Entire Agreement

If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Platform) together with any license or agreement with Tikxy delivered in connection with any item acquired via the Platform, constitutes the entire agreement between you and Tikxy with respect to the Platform and that item, and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and Tikxy regarding the Platform and/or any order you place through it.

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