You acknowledge and agree that DGM Technologies Pvt. Ltd. may amend any Terms at any time by posting the amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
You may be required to enter into a separate agreement, whether online or offline, with DGM Technologies Pvt. Ltd. our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
The Terms may not otherwise be modified except in writing by an authorized officer of DGM Technologies Pvt. Ltd.
PROVISION OF SERVICES
The DGM Technologies Pvt. Ltd. contracting entity that you are contracting with is SmartPaddle Technology Limited if you are a registered member of the Site (incorporated in India )
You must register as a member on the Site in order to access and use some Services.DGM Technologies Pvt. Ltd. reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that DGM Technologies Pvt. Ltd. may impose in our discretion.
DGM Technologies Pvt. Ltd. may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
As a condition of your access to and use of the Site or Services, you agree that you will comply all applicable laws and regulations when using the Site or Services.
You agree to use the Site or Services solely for your own private and internal purposes. You that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with DGM Technologies Pvt. Ltd., or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from DGM Technologies Pvt. Ltd. is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
DGM Technologies Pvt. Ltd. may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' site. You are cautioned to read such site' terms and conditions and/or privacy policies before using the Site. You acknowledge that DGM Technologies Pvt. Ltd. has no control over such third parties' site, does not monitor such site, and shall not be responsible or liable to anyone for such site, or any content, products or services made available on such site.
User must be registered on the Site to access or use some Services (a registered User is also to as a “Member” below). Except with approval, one User may only register one member account on the Site. DGM Technologies Pvt. Ltd. may cancel or terminate a User’s member account if DGM Technologies Pvt. Ltd. has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, DGM Technologies Pvt. Ltd. may reject User’s application for registration for any reason.
Upon registration on the Site, DGM Technologies Pvt. Ltd. shall assign an account and issue a member ID and (the latter shall be chosen by a registered User during registration) to each registered User.
A set of Member ID and password is unique to a single account. Each Member shall be responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify DGM Technologies Pvt. Ltd. immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
Member agrees that all activities that occur under your account (including without limitation, any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services) xwill be deemed to have been authorized by the Member.
Member acknowledges that sharing of their account with other persons, or allowing multiple outside of their business entity to use their account (collectively, "multiple use"), may cause irreparable harm to DGM Technologies Pvt. Ltd. or other Users of the Site. Member shall indemnify DGM Technologies Pvt. Ltd., our directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of their account. Member also agrees that in case of the multiple use of their account or Member’s failure to maintain the security of their account, DGM Technologies Pvt. Ltd. shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
Use of the site is unavailable to persons below the age of 18 years or persons who cannot legally form a contract under India Contract Act, 1972 or Users suspended or removed from DGM Technologies Pvt. Ltd.'s system for any reason whatsoever. However if you are below the age of 18 years, you may avail of DGM Technologies Pvt. Ltd.'s services through Your legal guardian in accordance to applicable laws.
Each Member represents warrants and agrees that (a) they have full Terms, to grant the license and authorization and to perform the obligations here under; (b) they use the Site and Services for business purposes only; and (c) the address they provide when registering is the principal place of business of their business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your
Member will be required to provide information or material about their entity, business products/services as part of the registration process on the Site or threir use of any Service or the member account. Each Member represents warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) they will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
Upon becoming a Member, they consent to the inclusion of the contact Buyer Database and authorize DGM Technologies Pvt. Ltd. to share the contact information with other Users or otherwise use threir personal information in accordance with the Privacy
Each Member represents, warrants and agrees that (a) you shall be solely responsible for all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
Each Member further represents, warrants and agrees that the User Content that they submit, post display shall:
be true, accurate, complete and
not be false, misleading or
not contain information that is defamatory, libelous, threatening or harassing, objectionable, offensive, sexually explicit or harmful to minors;
not contain information that is discriminatory or promotes discrimination based on race, religion, nationality, disability, sexual orientation or age;
not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
not violate any applicable laws and regulations (including without limitation those export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
not contain any link directly or indirectly to any other site which includes any content may violate the Terms.
Each Member further represents, warrants and agrees that they
Carry on their activities on the Site in compliance with any applicable laws and regulations
Conduct their business transactions with other users of the Site in good faiths
Carry on their activities in accordance with the Terms and any applicable Additional Agreements
Not use the Services or Site to defraud any person or entity (including without limitation of stolen items, use of stolen credit/debit cards);
Not impersonate any person or entity, misrepresen themselves or their affiliation with any or entity;
Not engage in spamming or phishing;
Not engage in any other unlawful activities (including without limitation those which constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
Not involve attempts to copy, reproduce, exploit or expropriate DGM Technologies Pvt. Ltd. various directories, databases and listings;
Not involve any computer viruses or other destructive devices and codes that have the effect damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
Not involve any scheme to undermine the integrity of the data, systems or networks used DGM Technologies Pvt. Ltd. and/or any user of the Site or gain unauthorized access to such data, systems or networks;
Not engage in any activities that would otherwise create any liability for DGM Technologies Pvt. Ltd.
Member may not use the Services and member account to engage in activities which are identical similar to DGM Technologies Pvt. Ltd. e-commerce marketplace business.
If Member provides a business referee, Member represents, warrants and agrees that you obtained all necessary consents, approvals and waivers from your business partners and associates to (a) act as your business referee; (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.
Member agrees to provide all necessary information, materials and approval, and render reasonable assistance and cooperation necessary for DGM Technologies Pvt. Ltd. provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, DGM Technologies Pvt. Ltd. shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
Member acknowledges and agrees that DGM Technologies Pvt. Ltd. shall not be required to actively monitor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. DGM Technologies Pvt. Ltd. does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
Member acknowledges and agrees that the Services may only be used by businesses and representatives for business use and not for individual consumers or for personal use.
Member acknowledges and agrees that each Member is solely responsible for applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
BREACHES BY MEMBERS
DGM Technologies Pvt. Ltd. reserves the right in our sole discretion to remove, modify or reject anything you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms,could subject DGM Technologies Pvt. Ltd. to liability, or is otherwise found inappropriate in DGM Technologies Pvt. Ltd.’s opinion.
If any Member breaches any Terms or if DGM Technologies Pvt. Ltd. has reasonable grounds to believe that Member is in breach of any the Terms, DGM Technologies Pvt. Ltd. shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. DGM Technologies Pvt. Ltd..in shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by DGM Technologies Pvt. Ltd.. The penalties that DGM Technologies Pvt. Ltd. may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as DGM Technologies Pvt. Ltd. may consider appropriate in our sole discretion.
Without limiting the generality of the provisions of the Terms, a Member would be considered being in breach of the Terms in any of the following circumstances: a) Upon complaint or claim from any third party, DGM Technologies Pvt. Ltd. has reasonable grounds to believe that b) DGM Technologies Pvt. Ltd. has reasonable grounds to suspect that such Member has used a stolen credit card or c) DGM Technologies Pvt. Ltd. has reasonable grounds to suspect that any information provided by the Member is d) DGM Technologies Pvt. Ltd. believes that the Member’s actions may cause financial loss or legal liability to such Member has willfully or materially failed to perform your contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party, other false or misleading information in any transaction with a counter party, not current or complete or is untrue, inaccurate, or misleading, or DGM Technologies Pvt. Ltd. or any other Users.
DGM Technologies Pvt. Ltd. reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, DGM Technologies Pvt. Ltd. may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. DGM Technologies Pvt. Ltd. shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against DGM Technologies Pvt. Ltd. for such disclosure.
Each Member agrees to indemnify DGM Technologies Pvt. Ltd., our directors, employees, agents and representatives to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ON DGM TECHNOLOGIES PVT. LTD. OR THROUGH THE Site ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND DGM Technologies Pvt. Ltd. HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
Notwithstanding any of the foregoing provisions, the aggregate liability of DGM Technologies Pvt. Ltd., our agents, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to DGM Technologies Pvt. Ltd. or our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.
Under no circumstances shall DGM Technologies Pvt. Ltd. be held liable for any delay or failure or disruption content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
INTELLECTUAL PROPERTY RIGHTS
DGM Technologies Pvt. Ltd. is the sole owner or lawful licensee of all the rights and interests in the Site and Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with DGM Technologies Pvt. Ltd., our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by DGM Technologies Pvt. Ltd. are hereby reserved.
DGM Technologies Pvt. Ltd. may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
All legal notices or demands to or upon DGM Technologies Pvt. Ltd. shall be made in writing and sent to personally, by courier, certified mail, or facsimile to the following entity and address: SmartPaddle Technology Private Limited, DGM Technologies Pvt. Ltd. HQ, Ground Floor, E Wing, Tex Center, Chandivali Farm Road, Andheri East, Mumbai, Maharashtra - 400072. The notices shall be effective when they are received by DGM Technologies Pvt. Ltd. in any of the above-mentioned manner.
All legal notices or demands to or upon a User shall be effective if sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to DGM Technologies Pvt. Ltd., or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when. a) DGM Technologies Pvt. Ltd. is able to demonstrate that communication, whether in physical or electronic form, and (b) Immediately upon DGM Technologies Pvt. Ltd. posting such notice on an area of the Site that is publicly accessible been sent to such User, or without charge.
You agree that all agreements, notices, demands, disclosures and other communications DGM Technologies Pvt. Ltd. sends to you electronically satisfy the legal requirement that such communication should be in writing.
Subject to any Additional Agreements, the Terms constitute DGM Technologies Pvt. Ltd. with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
DGM Technologies Pvt. Ltd. and you are independent contractors, and no agency, partnership, employee-employer or franchiser-franchisee relationship is intended or created by the Terms
If any provision of the Terms is held to be invalid or unenforceable, be deleted and the remaining provisions shall remain
Headings are for reference purposes only and in no way define, limit, construe or describe scope or extent of such section.
DGM Technologies Pvt. Ltd.’s failure to enforce any right or failure to act with respect to any breach by Terms will not constitute a waiver of that right nor a waiver of DGM Technologies Pvt. Ltd.’s right to act with respect to subsequent or similar
The tems shall be governed by the laws of India without regard to its conflict of law and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of India.