Terms & Condition

Introduction

Welcome to the website of DM WebSoft LLP (“Company”, “we”, “our”, “us”). These Terms and Conditions of Use (“Terms”, “Terms and Conditions”) apply to your use of our website and any of its associated web pages, subdomains, content or applications accessible from our website (collectively, the “Website”).

Please read these Terms and Conditions carefully before using our Website. By accessing and using any part of the Website, you agree to become bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions, then you may not access or use the Website.

DM WebSoft LLP is an Indian limited liability partnership registered in Rajkot, Gujarat with LLP Identification Number ABA-6485. Our registered office is located at 203 Mavdi Plaza, Vagad Chokdi, Mavdi Main Road, Rajkot 360004.

Changes to these Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms and Conditions. Please review this page periodically for any updates or changes.

Access to Website

Subject to these Terms and Conditions, Company grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Website solely for your own personal, noncommercial use.

Certain sections of the Website may be restricted from access or use based on certain eligibility criteria as determined by the Company. You acknowledge and agree that the Company retains absolute discretion to deny or restrict your access to any section of the Website at any time without ascribing any reasons.

Prohibited Uses

You agree not to use the Website:

  • In any way that violates any applicable national or international law or regulation.
  • To engage in any unauthorized framing of or linking to the Website.
  • To modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Website.
  • To use any manual or automated software, devices, scripts bots, crawlers, or other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the Website.
  • To engage in any activity that interferes with or disrupts access to the Website or the operation of the Website.
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • To attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • To use any device, software, or routine that interferes with the proper working of the Website.
  • To introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.  
  • To gain or attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • To interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
  • To attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
User Content

We may provide you with the opportunity to submit, upload, publish or otherwise make available on the Website textual content, images, videos, audios, or other information and content (“User Content”). By making available any User Content on or through the Website, you hereby grant to DM WebSoft LLP a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through or by means of the Website.

You hereby represent and warrant that (i) you own or control all rights in and to the User Content and have the right to grant the license granted above to us; and (ii) that the User Content does not violate the Acceptable Use Policy outlined below.

Acceptable Use Policy

You agree not to use the Website to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Website any viruses, worms, malware, Trojan horses, or other harmful or destructive content; (ii) interfere with, disrupt, or attempt to gain unauthorized access to the Website, Website accounts registered to other users, or the computer systems or networks connected to the Website; (iii) impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iv) assist or permit any persons in engaging in any of the activities described above.

We reserve the right (but shall have no obligation) to, in our sole discretion, refuse or remove any content that violates these Terms and Conditions or is otherwise objectionable. You are solely responsible for your interactions with other users of the Website.

We have the right, but not the obligation, to monitor User Content to determine compliance with these Terms and Conditions, as well as any applicable law, regulation or authorized government request.

To the maximum extent permitted under applicable law, we have the right to disclose your identity to any third party who claims that content posted by you violates their rights, including intellectual property rights or rights to privacy.

You agree to indemnify and hold DM WebSoft LLP and its officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any User Content that you post, store or otherwise transmit on or through the Website, your use of the Website, your connection to the Website, your violation of these Terms and Conditions, or your violation of any rights of another.

Intellectual Property Rights

The content on the Website, including without limitation, the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Intellectual Property”), are owned by or licensed to DM WebSoft LLP, subject to copyright and other intellectual property rights under Indian laws and foreign laws. All rights reserved.

The Website may permit you to download or print a copy of the Intellectual Property for your personal, internal and non-commercial use provided you do not modify the Intellectual Property and you retain all copyright and other proprietary notices contained in the Intellectual Property.

The use, distribution, reproduction, modification, adaptation, public display or public performance of the Intellectual Property is strictly prohibited unless expressly authorized in writing by DM WebSoft LLP. You must abide by all additional copyright notices or other restrictions contained in the Website.

You agree to indemnify and hold DM WebSoft LLP harmless from any claims arising out of your use of the Intellectual Property if such use is not in accordance with these Terms and Conditions.

Accounts

You are responsible for safeguarding your account login details and any activities that occur under your account. We cannot and will not be liable for any loss or damage arising from unauthorized use of your account.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security that you become aware of involving your account or the Website.

We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion and without notice or liability to you.

No Warranties

Your use of the website is at your sole risk and discretion. The website is provided on an “AS IS” and “AS AVAILABLE” basis. DM WebSoft LLP expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

DM WebSoft LLP makes no warranty that (i) the website will meet your requirements; (ii) the website will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the website will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the website will meet your expectations; and (v) any errors in the website will be corrected.

You expressly understand and agree that DM WebSoft LLP shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DM WebSoft LLP has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Website or Website content; (ii) the cost of procurement of substitute goods and services resulting from any products, data, information or services purchased; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any user of the Website; or (v) any other matter relating to the Website.

Indemnification

You agree to defend, indemnify and hold harmless DM WebSoft LLP, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; or (iii) your violation of any applicable law, rule or regulation, or the rights of any third party.

Limitation of Liability

In no event shall DM WebSoft LLP, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website or Website content; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

The Website may contain information about or links to third party websites, content, products, services or events. DM WebSoft LLP is not responsible for the accuracy, timeliness or correct sequencing of information available from these third party websites or sources.

DM WebSoft LLP does not endorse, warrant, guarantee or assume any responsibility for any such third party websites or their content and service. DM WebSoft LLP shall not be liable for any loss or damage caused by the use of such third party content. Your interaction and business dealings with third parties featured on or linked through our Website is entirely at your own risk. Your reliance upon information and content obtained by you from or through such third party websites is at your own risk.

Governing Law

These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of India.

You irrevocably agree that the courts in Rajkot, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Website or its subject matter or formation.

Contact Us

If you have any questions about these Terms and Conditions, please contact us at:

DM WebSoft LLP
Email: info@dmwebsoft.com

Last Updated Date: 06-10-2023

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