Analytics

Terms & Conditions

These terms and conditions of use ("Terms of Use") of the Website (as defined below) between Nreach Online Services Private Limited, d/b/a XOXODay (hereinafter referred to as "Nreach Online Services" or "XOXODay") and the users/ registrants of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which XOXODay offers You access to the Website and the Services (as defined below) through the Website.

Please read the terms of use carefully before using or registering on the website or accessing any material, information or services through the website. Your use of the website or the services provided by the website shall signify your acceptance of the terms of use and your agreement to be legally bound by the same.

Your use of the website implies that you agree with the terms of use.

Introduction

The website www.XOXODay.com ("Website") is operated by Nreach Online Services Private Limited, a company incorporated under the Companies Act’ 1956 and subsisting under Companies Act 2013 having its registered office at #17 Bhagyalaxmi Square, 2nd Floor, 3rd Sector, HSR Layout, Bangalore - 560102, Karnataka.. Use of the Website and its services is governed by these Terms of Use (“Terms”).

By using the Website, users signify they have carefully read, understood and agree to be bound by these Terms. When users transact or browse through the Website or avail any service provided by the Website, in present or future, users accept and agree to be bound by these Terms, policies, guidelines and conditions of XOXODay’s service.

These Terms could be changed, altered, edited, amended, modified, reviewed, revised or substituted by XOXODay at any time with or without prior notice and users are requested to read the Terms before using or accessing the Website.

Platform Services

The Website is a platform that users utilize to communicate and transact with one another.XOXODay is not and cannot be a party to or control in any manner any transaction between users of the Website. The purchase of products or services on the Website is governed by the terms and condition of sale.

The Website is only a platform that can be used by users to reach to buy experiences and vouchers. XOXODay has the right to change or discontinue any Service at any time,without notice. You further acknowledge that XOXODay may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that XOXODay may make to the Services. You agree that XOXODay shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services.

Users may upload and display the images and information of their products offered for sale on the Website’s online platform. Such display of the user’s products or related information on the Website in no manner can be treated or construed as an endorsement or advertisement of such products by XOXODay.

Provision of a specific service through the online platform of the Website will be subject to users agreeing and consenting to certain additional terms, rules, policies, procedures, guidelines, disclaimers, notices or otherwise, if any, as applicable to such service (“Additional Terms“) and if there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that specific service.

Eligibility

The user should have completed 18 years of age and be competent to enter into a contract under Indian contract law. Any user under 18 years of age who is intending to avail the services of the Website should do so through his or her legal guardian in accordance with the applicable law.

If any person is using the Website on behalf of any corporation, company, institution,association or other entity, the person should be authorized by such corporation,company, institution, association or other entity to use and access the Website.

XOXODay reserves the right to refuse access to use the services offered at the Website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

User Account

The user may browse the Website without registering with XOXODay. The user has to set up an account with the Website before availing any online services provided through the Website.  The user can create an account by entering an email address and password or by using any permitted social media website account to sign in ("Account Information").The email address provided is verified by XOXODay and hence, it is advisable for the user to provide a valid email address. The Website will set-up an account and email the details of the account to the user at the email address provided. A user can then access the account on the Website. A user can also update his/her account through My Profile.Email id can’t be updated.

A user can create one user account only and no user is permitted to transfer or interchange the User Account. The list of user information required to be provided by the user, the manner of usage, protection and confidentiality of user information and account information are more specifically dealt under the Website’s Privacy Policy and the users are requested to read in detail the Privacy Policy before sharing user information or creating an account.

User Jurisdiction

This terms and conditions shall be governed by and construed in accordance with the Laws of the India, without giving effect to its choice of laws rules and shall be submitted to the exclusive jurisdiction of the Courts of Bangalore

If Website is used from outside India, it is entirely at the user’s risk. The Website makes no representation that its contents and other features are available or otherwise suitable for use outside India. If the Website is used and accessed from or in locations outside India, the user shall ensure that the usage of the Website is legal and valid under applicable law of the user’s location. The user agrees to undertake all liabilities, responsibilities and consequences under applicable law in connection with the use of the Website from or in any location outside India. The user accessing the Website from any location outside India agrees and consents to enter into separate or additional terms as may be required by XOXODay at any time.

User Covenants

The user agrees to use the Website and the materials provided on the Website only for purposes that are permitted by these Terms and any applicable law. The user shall not use or access the Website in a manner that prejudicially affects the interests and goodwill of the Website, XOXODay or its vendors or associates.

The user agrees and undertakes that the reviews, comments and other information provided or posted or uploaded on the Website are not false, incomplete, distorted, manipulated, fraudulent or misleading.  By way of example, and not as a limitation, user agrees and undertakes that when using or accessing the Website,  user will not host, display, upload, modify, transmit, update or share any information (“Objectionable Content”) 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, libelous, invasive of another’s privacy, hateful, or racially, ethnically, objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
  • harms minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • deceives or misleads the addressee 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, defense, 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 to any other nation.

The user shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or its content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

The user may not access (or attempt to access) any of the services by any means other than through the interface that is provided through the Website, unless user have been specifically allowed to do so in a separate agreement with XOXODay. The user should not do anything that disables, overburdens, or impair the proper functioning of the Website. Users should specifically agree that they will not engage in any activity that interferes with other disrupts the services or the servers and networks which are connected to the services provided through the Website.

The user undertakes not to attempt to circumvent or modify any security technology or software that is part of the Website. The user also agrees not to engage or assist any other person, to circumvent or modify any security technology or software that is part of the Website. The user should also not obscure or obstruct any features of the Website. The user undertakes not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part thereof without a specific written permission from XOXODay to do so.

The user acknowledges and agrees that by accessing or using the Website or availing the services, user may be exposed to content that the user may consider offensive, indecent or otherwise objectionable. XOXODay disclaims all liabilities arising in relation to such Objectionable Content on the Website. Any user if exposed to such Objectionable Content as aforesaid is requested to immediately report the same to the Customer Support team in the manner provided under these Terms and the Website will endeavor to remove such content as soon as possible after investigation.

The user expressly consents to receive communications from XOXODay in relation to the user’s use and access of the Website and its services and agrees that such communications shall not be treated as an unsolicited communication.

The user agrees that XOXODay may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website users.

User Communication

By agreeing to the terms and conditions the user agrees to receives Phone Call, SMS and Email for any marketing, sales, support from XOXODay a Subsidiary of Nreach online services Pvt Ltd.

Infrastructure

To use the Website users  require Internet connectivity or appropriate telecommunication links and the Website’s  service does not include the provision of any computer system, resource, terminal, server, equipment, mobile or any devices. XOXODay shall not have any responsibility or liability for any computer system, resource, terminal, server, equipment, mobile or any devices necessary for user to use and access the Website  nor shall  be liable for any costs incurred on account of the user’s Internet or appropriate telecommunication links usage.

XOXODay would not be liable for damages, viruses or other code that may affect the user’s computer system, resource, terminal, server, equipment, mobile or any other devices while using the Website and XOXODay does not ensure that the Website will be compatible with all hardware and software used by the user.

The user must comply with applicable third party terms, if any, such as mobile device agreement or wireless data service agreement etc. while using the Website.

Use Of Content

Any content that the user posts or material it submits, the user grants XOXODay and its vendors and associates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, publish, distribute and display such content throughout the world in any mode medium or manner now known or developed in future; and the right to use the name that the user submits in connection with such content, if the user chooses.

The user agrees that the rights the user grants as above are irrevocable during the entire period of protection of the user’s intellectual property rights associated with such content and material. The user agrees to waive the user’s right to be identified as the author of such content and materials and the user’s right to object to derogatory treatment of such content or material. The user agrees to perform all further acts and execute deeds and documents necessary to perfect the above rights granted by the user to XOXODay.

The user represents and warrants that the user owns or otherwise controls all of the rights to the content and material that the user posts or that the user otherwise provides on or through the Website; that, as at the date that the content or material is submitted to the Website: (i) the content and material is accurate; (ii) use of the content and material does not breach any applicable Indian law or the Website’s policies or guidelines or Additional Terms (iii) the content and material do not breach these Terms and Privacy Policy.

Payment

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

  • lack of authorization for any transaction/s,
  • or exceeding the preset limit mutually agreed by you and between your "Bank/s"
  • or any payment issues arising out of the transaction,
  • or decline of transaction for any other reason/s.
  • XOXODay.com reserves the right to hold any transaction in case they find transaction to be suspicious.
  • Transaction of E-gift is done immediately and for the Physical Gift it will take around 5-7days to deliver.

All payments made against the purchases/services on XOXODay.com by you shall be compulsorily in Indian Rupees acceptable by the Union of India. XOXODay.com does not accept any other form of currency with respect to the purchases.

Intellectual Property Rights

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of XOXODay, its vendors, associates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on the Website is the exclusive property of XOXODay its vendors, associates or its content suppliers and is protected by laws of India and international copyright and database right laws. All software used on this Website is the property of XOXODay, its vendors, associates or its software suppliers and is protected by laws of India and international copyright authors rights and database laws.

XOXODay grants the user a limited licence to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of XOXODay . This licence does not include any resale or commercial use of the contents of the Website; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another seller.

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of XOXODay or its vendors, associates or its content suppliers or users or respective third parties. Users are not permitted to use the Marks without the prior consent of XOXODay, its vendors, associates or its content suppliers or users or the third party that may own the Marks.

XOXODay owns all intellectual property rights to and into the trademark "XOXODay,” and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

No user shall use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise deal with  content or the intellectual property rights of the Website or content suppliers or third parties in any mode medium or manner now known or developed in future without authorization from XOXODay and on happening of any such event XOXODay reserves the right to immediately discontinue the Website services to such user without prejudice XOXODay’s right to initiate legal action against such user.

Users are strictly prohibited from framing or use framing techniques to enclose any content or intellectual property on the Website to illegally and unlawfully exploit the content or intellectual property rights owned by XOXODay or content suppliers or third party as the case is.

Notice Procedure

If any user believes that any Objectionable Content is hosted on the Website or the user’s rights are being infringed, users shall immediately inform the Customer Support by following the Website’s Contact Us Page. The Website will endeavor to remove such content as soon as possible after investigation.

No untrue or false information or allegation shall be made by the user and if any user is found misusing the notifying procedure, the Website reserves the right to terminate such user’s account and shall take appropriate legal action against the user.

It is repeated and reiterated that XOXODay’s role and responsibility is completed on taking down the infringing or Objectionable Content as alleged in the notice and XOXODay shall in no manner be liable for or in relation to the infringing or Objectionable Content. XOXODay shall in no manner bemanner be involved in trying, contesting, mediating, negotiating or conciliating the dispute or differences between the user who notifies the objections and the user against whom the objections are raised.

Disclaimer

The User expressly agrees that the use of the Website is at the user’s sole risk. The Website and the contents uploaded or provide or shared by other users are made available to the user through the Website without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance,safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by applicable Indian law and XOXODay does not accept any liability for any errors or omissions.

The offer and acceptance of products through the Website is at the user’s sole risk and XOXODay accepts no liability for any errors or omissions or defaults or deficiency of any products either offered or acceptance by the users through the Website.

XOXODay hereby disclaims any guarantees of exactness as to the finish and appearance of the product as ordered by and delivered to the user. The quality or quantity of any products, information or other material purchased or obtained by user through the Website may not meet user’s expectations. But we make sure to keep our user expectation.

The Website could also be linked to third party websites and XOXODay assumes no responsibility for results obtained from the use of these websites.

XOXODay makes no assurances that the Website is bug free and user friendly or the safety of the use of the Website. XOXODay including vendors, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be liable in any manner with respect to the loss or damage  incurred or suffered by the users on account of virus attacks or bugs or other software or programmes that may be present or embedded while using or accessing the Website.

XOXODay does not guarantee that the services provided through the Website will function without interruption or errors. In particular the operation of the services may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons or otherwise. Website disclaims all liability for losses or damages caused by any such interruption or errors in functioning. XOXODay also disclaims all liability for any malfunctioning impossibility of access or poor use conditions of the Website due to inappropriate equipment, disturbances related to internet services, down time or otherwise.

To the maximum extent permitted by applicable law, XOXODay will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. XOXODay also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

When the user deletes any kind of information the user must understand that the removed content may continue in backup copies.

XOXODay will not be liable for any loss that the user may incur as a consequence of unauthorized use of the user account or account information in connection with the Website or any service or materials, either with or without the user’s knowledge. XOXODay shall not be liable for any third party product, the advertisement available on e-mail or Website with respect to the third party website or the products and services are for information purpose only.

 Limitation Of Liability

In no event XOXODay including vendors, associates and their respective owners,directors, officers, agents, shareholders and partners shall be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from the use or inability to use the Website whether based on warranty, contract, tort or in any other means or action.

 Indemnity

Users  agree to indemnify and hold harmless XOXODay including vendors, associates and their respective owners, directors, officers, agents, shareholders and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations, warranties or covenants of the user (iii) breach of the policies, guidelines and conditions of XOXODay’s service or Additional Terms or these Terms or Privacy Policy (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the termination of these Terms.

Termination

XOXODay reserves the right to terminate the services provided to any user without prior notice in the event of any default committed by user including but not limited to the breach of any applicable law, policies, guidelines and conditions of XOXODay’s service or Additional Terms or these Terms or the Privacy Policy (including any modifications or additional notifications or instructions).  On such termination, the user’s information and other details shall be black listed by the Website and shall be taken into consideration whenever necessary.

XOXODay will terminate the services provided to any user if it is required under any applicable law.  Without prejudice, XOXODay reserves its right to terminate the services if such provision of services to the users is not economically viable for XOXODay. Users may choose to discontinue availing services and facilities provided through the Website by closing the user account with the Website.

Post termination of the services provided to the user through the Website, the user’s personal information would reside in the Website’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of XOXODay’s service or service or these Terms and the Privacy Policy continue to be binding on the user and if any user by default or otherwise is found using or dealing with the Website post termination of the service provided through the Website, the user shall be prosecuted by XOXODay. The user shall be also liable to compensate XOXODay for any unauthorized use of the Website.

 Miscellaneous

Severability

Each of the provisions in  these Terms are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

Captions

The various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.

Partial Invalidity

If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (iv) in lieu of such illegal, invalid, or unenforceable provision, there will be added by XOXODay a legal, valid, and enforceable provision to the extent possible.

Notices

For purposes of service messages and notices about the services to user, the Website may place a banner notice across its pages to alert the user to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from the Website to the user. The user agrees that the Website may communicate with user through the user’s account or through other means including email or mobile. Users are required to update their settings regularly to ensure that the Website’s service messages and notices are received by the users timely and accurately.XOXODay including vendors, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non receipt of the Website’s service messages and notices.

Any user may contact XOXODay at the following address

Nreach Online Services Pvt. Ltd.
#17 Bhagyalaxmi Square, 2nd Floor, 3rd Sector,
HSR Layout, Bangalore - 560102, Karnataka.
Or email us at cs@giftxoxo.com

The user shall not assign its rights or obligations under these Terms and the Privacy Policy to a third party.