Terms of Service
LAST UPDATED
10th DEC, 2022
The terms and conditions set out under this “Terms of Service” (hereinafter referred to as “Terms”) govern the use of the website of Digantara Research and Technologies Private Limited (here in after referred to as “Company”) accessible at https://www.digantara.co.in, (hereinafter referred to as “Website”), including the services provided by the Company on such Website (hereinafter referred toas “Services”). The Terms are incorporated by reference herein and must be read together with the Privacy Policy of the Company, which can be accessed here: https://digantara.co.in/privacy-policy. By accessing the Website, you agree to be bound by the Terms, which shall be applicable to all users of the Website including but not limited to customers, business partners, and vendors of the Company. You agree that the Website may use your personal information in accordance with the Privacy Policy of the Company.
1. DEFINITIONS
1.1
For the purposes of these Terms, the parties referred to are defined below:
(i)
Owner, Us, We: As the creator and operator of the Website, the Company is the “Owner” as it makes available the Website along with Services to users of the Website. The Company, Owner, Us, We, Our, Ours and other similar pronouns, which shall be construed accordingly, will refer to the Owner, including its employees and affiliates.
(ii)
User, You, the Client: As the user of the Website, you will be referred in the Terms as “You”, “User” or “Client”, or other similar pronouns such as Your and Yours, which shall be construed accordingly. The term “User” or “You” will refer to any natural person or legal entity accessing the Website.
(iii)
The Owner and You will be collectively referred to as the “Parties”.
2. ACCEPTANCE OF TERMS
2.1
By accessing the Website, You warrant that You have read and reviewed these Terms and agree to be bound by it in its entirety. If You do not agree to be bound by the Terms (either wholly or partially), please exit the Website immediately.
2.2
By using this Website, or accessing any Services, You represent and warrant that You are at least 18 years of age and are legally entitled to agree to such Terms. The Owner assumes neither any responsibility nor liability for any misrepresentation in this regard.
3. ABOUT THE SITE
3.1
The Website enables the User to submit any information, raise any query or request for demo to the Company for its Services.
3.2
The Website does not conduct any screening or similar process on the users who access and / or register on the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website solely for lawful purposes without infringing the rights of or restricting the use of / access to this Website by any third party.
4. LICENSE TO USE WEBSITE
4.1
The Owner may provide You with information as a result of Your use of the Website or the Services contain therein. Such information may include without limitation documentation, data, materials, or information which is developed by the Owner, and other materials which assist in Your use of the Website or the Services contained therein (hereinafter referred to as “Owner Materials”).
4.2
Subject to these Terms, the Owner grants You a non-exclusive, limited, non-transferable and revocable license to use the Owner Materials solely in connection with Your use of the Website and Services. For the avoidance of doubt, it is expressly clarified that the Owner Materials cannot be used for any other purpose and that this license terminates in its entirety upon Your cessation of use of the Website or Services or upon the termination of these Services.
4.3
You agree not to collect information of other Users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever. Any unauthorised use by You shall terminate forthwith the license granted to You by the Website and You agree that You shall not bypass any measures that are used by the Owner to prevent or restrict access to the Website.
5. INTELLECTUAL PROPERTY
5.1
You agree that the Website and all Services provided by the Owner are the property of the Owner, including all copyrights, trademarks, trade secrets, know-how, patents, and any other forms of intellectual property right (hereinafter referred to as “Owner IP”).
5.2
You further agree that the Owner owns all rights, title, and interest in and to the Owner IP and that You will not use the Owner IP for any unlawful or infringing purpose. You also agree to not reproduce, distribute, copy, reverse engineer, or duplicate the Owner IP in any form or manner and to any extent, including through electronic means or via registration of new trademarks, trade names, service marks or Uniform Resource Locators without prior written consent expressly obtained from the Owner.
6. USER OBLIGATIONS
6.1
As a User of the Website or Services, You may be asked to register with Us. When You do so, You will choose credentials (including any user identifier and password) for such registration. You are responsible for ensuring the accuracy of personal information which may be provided for such purposes.
6.2
Such credentials and identifying information will enable You to use the Website and the Services.
6.3
In the process of registering with Us, You must not share such credentials and identifying information with any other third party and if You discover that Your credentials or identifying information have been compromised, You agree to notify us immediately in writing, which can be in the form of email notification as well.
6.4
Notwithstanding anything to the contrary stated herein, You are responsible and liable for maintaining the safety and security of your credentials and identifying information.
6.5
The Owner has the right to immediately terminate the Terms if the User provides any false orinaccurate information, or uses the Website or Services for fraudulent or unlawful purposes.The Owner reserves the right to refuse services, terminate accounts, or remove or edit contentin its sole discretion to which the User shall not object.
7. ACCEPTABLE USE
7.1
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under these Terms. You further agree not to use the Website or Services in any way that could damage the Website, Services or general business, goodwill and repute of the Owner.
7.2
You further agree not to use the Website or Services to do any of the following actions(hereinafter referred to as “Prohibited Action”):
(a)
Harass, abuse, or threaten otherwise, or violate the legal rights of any person in any manner;
(b)
Violate or infringe any intellectual property rights of the Owner or any third party, whether knowingly or mistakenly;
(c)
To upload or otherwise disseminate any computer viruses or other software that may damage the property of the Owner or any other third party, including any viruses or other types of malicious code that may be used in any way that may potentially affect the functionality or operation of the Website, any of the Services or of any related websites;
(d)
To damage, disable or impair the Website or any other party’s use of the Website or Services;
(e)
To spam, phish, or conduct any other activities of a similar nature;
(f)
To interfere with or circumvent the security features of the Website or the Services;
(g)
To collect or track personal information of others;
(h)
To perpetrate any fraud or any other illegal activities;
(i)
To publish or distribute any obscene or defamatory material;
(j)
To publish or distribute any material that incites violence, hate or discrimination towards any group;
(k)
To unlawfully gather information about others; or
(l)
To personally threaten or have the effect of personally threatening other Users.
The list of Prohibited Actions set forth above is merely indicative and does not constitute an exhaustive list of non-acceptable uses of the Website or Services by the User.
7.3
In case any Prohibited Action is carried out by You, the Company reserves the right to terminate your use of the Services or any related website. The Company has the full authority to review all content posted by Users on the Website.
7.4
You acknowledge that the Website is neither responsible nor liable for, and does not control the content of, any information that may be posted to the Website by You or other User of the Website and You are solely responsible and liable for the same. You agree to not upload, post, or transmit any content that you are not legally entitled to make available, including without limitation the intellectual property of another party.
7.5
You agree to comply with all applicable laws, statutes and regulations in relation to your use of the Website and further agree that you will not transmit any information, data, text, files, links, software, chats, communication or other materials that are abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws.
7.6
We may, but have no obligation to, monitor, edit or remove content that as per our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates these Terms or any party’s intellectual property.
7.7
You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction.
8. COMMUNICATION
8.1
By agreeing to these Terms, You acknowledge that You are interested in availing and purchasing the Services that You have selected and consent to receive communications including any promotional offers and e-mail messages informing you about Services offered by the Website and understanding your requirements.
9. PRIVACY
9.1
Through Your Use of the Website and Services, You may provide Us with certain information, including personal information. By using the Website or the Services, You authorize the Owner to use Your information in India, Singapore, and any other country where We may operate.
9.2
As the User, you agree to have read and reviewed the terms of the Privacy Policy of the Company, and agree to comply with the terms thereof.
10. ASSUMPTION OF RISK
10.1
As the User, You acknowledge and agree that no fiduciary relationship has been created between You and the Owner.
11. SERVICES
11.1
The Owner may sell Services on the Website and it will be as accurate as possible with all information pertaining thereto.
11.2
However, the Owner does not guarantee the accuracy or reliability of information provided in respect of such Services. You acknowledge and agree that You avail such Services at Your own risk.
11.3
As the User, You acknowledge and agree that as the Owner, we provide access to third-party tools on an “as is” and “as available” basis without any representations or warranties or conditions of any kind. Accordingly, the Owner shall have no liability whatsoever arising from or relating to Your use of such optional third-party tools.
12. REVERSE ENGINEERING & SECURITY
12.1
You agree not to:
(a)
reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services; or
(b)
violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
13. DATA LOSS
13.1
The Owner does not accept any responsibility for the security of Your account or content. You agree that Your use of the Website or Services is solely at Your own risk.
14. INDEMNIFICATION
14.1
You agree to indemnify, defend, and hold harmless the Owner and any of its affiliates against all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of these Terms, or Your conduct or actions. You agree that the Owner shall be able to select its own legal counsel and may participate in its own defence if the Owner wishes to do so.
15. SPAM POLICY
15.1
You are strictly prohibited from using the Website or any of the Owner’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
16. MODIFICATION
16.1
The Owner may, from time to time, and at any time without any prior notice to You, modify these Terms. You agree to routinely monitor these Terms and refer to the “Last Updated” date mentioned above. You agree that Your continued use of the Website after any modifications to these Terms is a confirmation of Your continued assent to these Terms.
16.2
To the extent any part of these Terms is held ineffective or invalid by any court of law, You agree that the prior, effective version of these Terms shall be considered enforceable and valid to the fullest extent possible.
17. SERVICE INTERRUPTIONS
17.1
The Owner may need to interrupt Your access to the Website to perform maintenance or any emergency services. You agree that Your access to the Website may be affected by down time and that the Owner shall not have any liability for any damage or loss caused as a result of such downtime.
18. TERM, TERMINATION & SUSPENSION
18.1
The Owner may terminate these Terms with You at any time for any reason, with or without cause. In the event You have registered for an account with Us, You may also terminate these Terms at any time by contacting Us and requesting termination.
18.2
Pursuant to the termination of these Terms, any provisions that would be expected to survive termination by their nature shall continue to remain in full force and effect.
19. NO WARRANTIES
19.1
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any such services provided by Us are on an “As Is” basis. The Owner hereby expressly disclaims any and all express or implied warranties of any kind including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
19.2
The Owner makes no warranties that the Website or Services will sufficiently meet your needs or that the Website or Services will operate on an uninterrupted, or error-free basis. The Owner further makes no warranties as to the reliability or accuracy of any information on the Website or provided as a part of the Services. As the User, You agree that any damage that may occur to You, through Your computer system, or as a result of the loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Owner is not liable for any such damage or loss.
19.3
There may be instances when incorrect information is published inadvertently on our Website or in the Service such as typographical errors or omissions that may relate to any information on the Website or provided as a part of the Services. Such errors or omissions may be corrected at our discretion at any time, and we may change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice to You.
19.4
The Owner shall not be responsible for any interaction between You and the other users of the Website. Under no circumstances will the Owner be liable for any services, resources, or content available through such third-party dealings or communications, or for any harm related thereto. In case of any dispute between you and other users of the Website, You agree to release the Owner from all claims, demands and damages arising out of or in relation to such dispute.
19.5
You understand and agree that while the Owner has made reasonable efforts to safeguard the Website, it cannot and does not make any representations or warranties that the Website or any of the information provided by You cannot be hacked by unauthorised third parties.
19.6
You agree that the Owner is neither responsible nor liable for any threatening, defamatory, obscene, or illegal content or conduct of any other party or any infringement of another person’s rights, including intellectual property rights.
20. GENERAL PROVISIONS
20.1
Jurisdiction, Venue & Governing Law: You agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms, as well as any dispute that may arise between You and the Owner, with the exception of its conflict of law provisions. In the event any litigation specifically permitted under these Terms is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at Bangalore, India.
20.2
Severability: If any part of these Terms is held legally invalid or unenforceable by a court of competent jurisdiction, the remaining parts will be enforced to the maximum extent possible and shall continue to remain in full force.
20.3
Waiver: In the event that We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of such provision or of any other provision. Waiver of any part of these Terms shall not constitute a waiver of any other part.
20.4
Electronic Communications: For any questions or concerns in relation to these Terms, please email us at legal@digantara.co.in.