Terms of use

Introduction

The following terms govern the access, viewing or use by you (hereinafter referred to as the ‘User’ or ‘You’) of www.ITExchangeWeb.com (hereinafter referred to as the Website). The Website is owned and operated by IT Exchange, Inc., a Delaware corporation with offices located at 221 Darryl Dr, Campbell, CA 95008 (‘IT Exchange’).

By accepting the terms herein, or by accessing, viewing or using the Website, You agree to be bound by the Terms of Use and these constitute your binding legal obligations towards IT Exchange. The Terms of Use may be modified at any time by IT Exchange by posting the changes on the Website and You agree that it shall be Your responsibility to ascertain the changes to the Terms of Use by visiting the Terms of Use. Any modified terms shall be applicable to Your use of the Website without need for any further consent. If You do not agree to the Terms of Use, You should not access, view or use the Website.

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  1. Definitions

    1. IT Exchange shall mean IT Exchange, a company incorporated under the laws of Delaware
    2. Privacy policy shall mean the privacy policy available at www.ITExchangeWeb.com
    3. User or You or Your, shall include the legal entity who is registered as a User in accordance with these Terms of Use and its representatives who use the Website.
    4. User Information shall mean any information provided by the User including company name, corporate information, description of services provided or services desired, telephone number, email address, physical address and the like.
    5. Website shall mean www.ITExchangeWeb.com
    6. Terms of Use shall mean the terms of use contained herein.
  2. Website Access and User Registration

    1. General:

      1. You agree and understand that this Website and the contents are intended for people who are of the age of 18 years or above. You hereby represent that You are 18 years of age or above and competent to contract.
      2. You understand that for the purpose of effectively using the Website You will be required to provide accurate information including User Information.
      3. You represent that You have all rights required to provide the information that You have provided to the Website, including the User Information and represent that they are true and accurate.
      4. If You register as a business entity, You represent that You are duly authorized by such business entity to register and accept the Terms of Use and bind such business entity to these Terms of Use.
      5. All User Information will be used and processed in accordance with these Terms of Use and the Privacy Policy. You agree that You have read and understood the Privacy Policy.
    2. Buyer Registration:

      1. If You are registering as a buyer, You will be required to submit an initial registration form with the required User Information to get basic access to the Website. The level of access shall be determined by IT Exchange in its sole discretion.
      2. Upon completion and submission of the registration You will be sent an email at the email address provided in the registration form. The email will contain a link to a webpage which You will need to access and enter the verification details contained in the email.
      3. Once You have completed the verification process, You will be sent login credentials for the Website, within twenty four (24) hours. These login credentials will be a username with an accompanying password
      4. If You wish to use all the features available on the Website, You will be required to accept the IT Exchange TERMS AND CONDITIONS FOR BUYERS.
    3. Service Provider Registration:

      1. You can only register as a service provider if You are a company limited by shares that is duly incorporated and registered under the laws of the country in which your headquarters or principal office is located.
      2. For the purpose of empanelment as a service provider on the Website You will need to provide all the information asked for in the registration form available on the Website, including relevant User Information, required for IT Exchange to evaluate Your credentials and Your suitability to be enrolled as a service provider by IT Exchange.
      3. You undertake that all information provided by You while requesting empanelment as a service provider is accurate and that You have the right to provide the information to IT Exchange. You acknowledge and authorize IT Exchange to use such information in any manner required for processing Your request for registration and empanelment on the Website. You understand and agree that IT Exchange may, in its sole discretion, determine Your suitability for registration as a service provider and may accept or reject Your request for registration and empanelment
      4. Once You have been evaluated and approved for empanelment as a service provider, subject to Your compliance with and acceptance of the IT Exchange TERMS AND CONDITIONS FOR SERVICE PROVIDERS, You will be sent an email at the email address provided in the registration form. The email will contain a link to a webpage which You will need to access and enter the verification details contained in the email.
      5. Once You have completed the verification process, You will be sent login credentials for the Website, within twenty four (24) hours. These login credentials will be a username with an accompanying password.
    4. You will be solely responsible for maintaining the confidentiality of the password and agree that the password is intended for use solely by You. You agree and undertake to access the Website only using the username and password sent to You. IT Exchange may in its sole discretion permit or deny Your registration either as a buyer or a service provider.

    5. You will be solely responsible for Your acts on the Website including those conducted under the username assigned to You.

    6. You understand and agree that IT Exchange may, in its sole discretion, terminate Your access to the Website without notice and You waive any right to claim access to the Website or any other claim that You may have. Any data of Your usage may be retained or deleted at IT Exchange’s sole discretion.

    7. You agree that the User Information uploaded can be used and viewed by other third parties who access the Website.

  3. Permitted User:

    1. You agree that You will use the Website only for the purposes of procuring or advertising and selling information technology services or information technology enabled services in accordance with other applicable agreements that You have entered into with IT Exchange.
    2. You will use the Website and any information available in accordance with all applicable laws and regulations.
    3. These Terms of Use are in addition to all the other agreements hereinabove referred to, as relevant.
  4. Prohibited Use

    In relation to the use and access of the Website its content and features, You agree and undertake not to:
    1. upload, transmit or publish any information on behalf of a third party, including any User Information of any person other than You, and more specifically, You will not impersonate another person;
    2. upload, transmit or publish any information or material which is threatening, abusive, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable or contains pornography;
    3. violate the privacy of any person;
    4. upload, transmit or publish any viruses or other malware, to corrupt, interrupt, limit, destroy or otherwise impact the Website, IT Exchange’s computer systems, or the computer systems of other Users or third party systems;
    5. upload transmit or publish anything which You do not have the rights to or any material which infringes the intellectual property rights (in whatever form) of any third party;
    6. use the Website in any manner which is not permitted under these Terms of Use or in any manner which is illegal or unethical;
    7. access the Website in any unauthorized manner, including by hacking or using log in credentials of any other User;
    8. use the Website for any unauthorized marketing purposes or for sending any unsolicited materials.
  5. Intellectual Property

    1. the contents of the Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, logos, icons, are the sole property of IT Exchange or its licensors. All intellectual property in and to the Website and its contents and functionalities shall vest solely with IT Exchange or its licensors.
    2. Save for the limited right to access and use the Website in accordance with the Terms of Use and other applicable agreements, on a non-exclusive and non-transferable basis, there are no other rights being granted to You in the Website or any of the contents and functionalities.
    3. To the extent required, You grant to IT Exchange a non-exclusive, royalty free, worldwide, transferrable, sublicensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any materials, trademarks, trade names and other forms of Your intellectual Property which You have provided IT Exchange.
    4. You have no right to make any copies of the whole or part of this Website or any of the contents therein.
    5. You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Website save for any User Information that belongs to You.
    6. You have no right to use any search mechanisms other than that provided on the Website and You will not use any web-crawler or any data harvesting tools to harvest data of any sort from the Website.
  6. Disclaimers

    1. You agree and understand that the contents and services on the Website are available on an ‘as is’ basis.
    2. IT Exchange does not represent in any manner that:

      1. the information, data or contents of the Website are accurate;
      2. the Website will be available at all times and will operate error free or that there will be uninterrupted access and service;
      3. the integrity of the information on the Website or information You upload will be maintained;
      4. it endorses any of the views of any of the Users who may have posted contents;
      5. it has verified or guarantees the quality of services or representations made by any User of the Website;
      6. it has verified the credit worthiness of any User;
      7. it has screened or verified any of the information posted herein;
      8. the Website or any content is free from viruses or other malware.
    3. The Website is only a platform for the interaction and facilitation of transactions between two Users of the Website. Any contractual or commercial agreements are agreed to between Users alone and neither the Website nor IT Exchange shall be in manner liable or responsible for these commercial arrangements. IT Exchange is not responsible for any breach of any contract concluded by any of the User/s.

      Any disputes between any Users are to be resolved between such Users and IT Exchange is not responsible and shall not be required to mediate or resolve any disputes or disagreement between such Users.

      You expressly release IT Exchange and where applicable its director, officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website.

    4. Subject to applicable laws, IT Exchange hereby disclaims all warranties, whether express or implied, in relation to the Website, its contents and functionalities, including but not limited to warranties of merchantability or fitness for a particular purpose. Where applicable laws do not permit the disclaimer of warranties to the extent detailed above, the said warranties are disclaimed to the maximum limit permitted by applicable law.
    5. IT Exchange reserves the right to remove any contents on the Website.
    6. The Website may contain links to third party websites. IT Exchange is not responsible in any manner for the contents of these third party websites and if You should choose to use the link to view the third party websites, You choose to do so at Your own risk. IT Exchange does not endorse the contents nor in any manner represent the accuracy or correctness of information on such third party websites.
  7. Indemnity

    You agree to indemnify and hold harmless, IT Exchange, its officers, employees and agents, against any claims, losses, damages or costs arising from (i) Your use of the Website and its contents, (ii) Your breach of these Terms of Use or (iii) any acts or omission of Your’s in relation to the Website and its use thereof, including but not limited to postings and any dealings that You have with any other Users of the Website.

  8. Limitation of Liability

    The aggregate liability of IT Exchange to You or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, Your access and use of this Website and its contents and functionalities or for any reason related to the operation of the Website, shall not exceed USD 100 (US Dollars Hundred Only). In no event shall IT Exchange be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.

  9. Complaints

    Should You have any complaints regarding the Website, including but not limited to abuse and misuse of the Website, copyright infringement and the like, or any issues related to data privacy please report the same to michelle@ITExchangeWeb.com or call our call center at +1 408 830 1060
    Please provide Your name, email address, physical address and contact numbers so that IT Exchange may be in a position to verify details or check the authenticity of the complaints.

  10. General

    1. Termination: IT Exchange reserves the rights to terminate Your access to the Website at any time, in its sole discretion. You acknowledge IT Exchange’s right to do so and waive any claim that You may have arising from such termination. Notwithstanding the termination of access, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable.
    2. Force Majeure: in no event shall IT Exchange be liable for any acts beyond its control or for any acts of god.
    3. Access: IT Exchange does not make any claim that the Website and its contents may be lawfully viewed or accessed in the jurisdiction You are viewing it in. You are solely responsible for complying with laws applicable to You.
    4. Waiver: No waiver of any provision of these Terms of Use shall be binding unless executed and notified by IT Exchange in writing to You. No waiver of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims You have against IT Exchange arising from the Your use of the Website or any other Users conduct.
    5. Entire Agreement: These Terms of Use, the Privacy Policy and the IT Exchange TERMS AND CONDITIONS FOR BUYERS or the IT Exchange TERMS AND CONDITIONS FOR SERVICE PROVIDERS as relevant constitute the entire agreement between You and IT Exchange for the use of the Website. Any modification to these Terms of Use shall only be binding if posted on the Website by IT Exchange.
    6. Conflict: These Terms of Use are in addition to the IT Exchange TERMS AND CONDITIONS FOR BUYERS or the IT Exchange TERMS AND CONDITIONS FOR SERVICE PROVIDERS as relevant. The Terms of Use are supplementary to the terms of the above mentioned terms and conditions. Nothing herein is intended to limit or reduce the applicability of the disclaimers and limitations contained in the IT Exchange TERMS AND CONDITIONS FOR BUYERS or the IT Exchange TERMS AND CONDITIONS FOR SERVICE PROVIDERS. All disclaimers and limitations in these Terms of Use are in addition to the disclaimers and limitations contained in the IT Exchange TERMS AND CONDITIONS FOR BUYERS or the IT Exchange TERMS AND CONDITIONS FOR SERVICE PROVIDERS. In case of conflict between the Terms of Use and the IT Exchange TERMS AND CONDITIONS FOR BUYERS or the IT Exchange TERMS AND CONDITIONS FOR SERVICE PROVIDERS as relevant, the relevant IT Exchange TERMS AND CONDITIONS shall prevail.
    7. Severability: If any provision of these Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.
    8. Governing Law: These Terms of Use are governed by the laws of the state of Delaware which apply to the interpretation of these Terms of Use and to any claims for breach of them, regardless of conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the Delaware State or U.S. federal courts located in the state of Delaware for all disputes arising out of or relating to these Terms of Use.
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