Welcome to Xplore!

Xplore brings to you its (Software), Xplore Business (Applications or App), Content, Products, and other services provided on our website located at www.xplorelifestyle.com. To make these Terms easier to read the Site, our services and App are collectively called the “Services.” Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Services.

User Obligations

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Intellectual Property Rights

All intellectual property rights, including but not limited to patents, copyrights, trademarks, trade secrets, and any other proprietary rights, in and to the website and its content shall be owned by Xplore. You acknowledge and agree that the website and its content are protected by applicable intellectual property laws and treaties. Except as expressly provided in these terms and conditions, nothing contained herein shall be construed as conferring any license or right to any intellectual property rights.

Who May Use the Services?

Eligibility

You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services, you must be 18 years or older and capable of forming a binding contract.

Registration and Your Information

If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the App or the Site or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Using the Services

Via the Services, users can select from a variety of options to create customized training and self-improvement sessions. You can also use the paid functionality of the Services to utilize the enhanced functionality of the Services or purchase items that are offered for sale through the Services (the “Products”).

The Services must be used according to the Quick Guide/User manual available on the Site. Xplore explicitly disclaims any liability arising out of use of the Device and the Xplore system that is not compliant with the user manual.

You understand and agree that the Services, Products and any other information you learn from Xplore are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care.  Not all activities described on the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. If you have any medical conditions with your respiratory system, heart or blood pressure, consult your doctor before using the Services. You understand and agree that you are solely responsible for your use of the Services.

Indemnity

You will indemnify and hold harmless Xplore and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.

Changes to Terms and Conditions

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It is important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Limitation of Liability

Neither Xplore nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Xplore has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

In no event will Xplore’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to Xplore for use of the Services, Products or Content, if you have not had any payment obligations to Xplore, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Xplore and you.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at www.xplorelifestyle.com. If you purchase Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Disclaimer of Warranties:

The information and products available on this Website were compiled with great diligence. Xplore can give no warranty for timeliness, correctness or completeness of the information and products provided. Xplore cannot guarantee the Website to be free from faults and without interruptions. Xplore can incur no liability for actions and decisions made on the basis of this information or these products.

The services are provided on an “as-is” and “as-available” basis. You agree that your use of our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the software or the services or the products and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Severability:

If any provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the original intent and purpose of the invalid or unenforceable provision.

Governing Law & Dispute Resolution

These Terms and any action related thereto will be governed by the laws of Republic of India and the courts in Pune, Maharashtra state will have exclusive jurisdiction to try and entertain any dispute arising out of use of the Services.

Contact Information

Please contact us by email at info@xplorelifestyle.com for any questions or comments regarding these Terms or the Services or Products.