AGREEMENT BETWEEN USER AND Divantage.in
divantage.in website is operated by Divantage eCom Pvt. Lt.d and its affiliates (collectively, the ‘DVPL websites’ or ‘DVPL’).
The DVPL websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the DVPL website constitutes your agreement to all such terms, conditions, and notices. If you do not agree with any part of the following terms, conditions and notices, you must not use the services of DVPL.
Additionally, the DVPL website may contain terms that govern particular features or offers (for example, flights, hotel reservations, packages etc.) In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within DVPL website, then these terms shall prevail.
MODIFICATION OF THESE TERMS OF USE
DVPL reserves the right to change the terms, conditions, and notices under which the DVPL websites are offered, including but not limited to the charges associated with the use of the DVPL website. You are responsible for regularly reviewing these terms and conditions. DVPL has endeavored to ensure that all the information on the DVPL website is correct, but DVPL neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained. DVPL disclaims any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in DVPL Websites.
PRIVACY POLICY
The User hereby consents, expresses and agrees that he/she has read and fully understands the Privacy Policy of DVPL contained in DVPL Websites and he/she hereby consents that the terms and contents of such Privacy Policy are acceptable to him. LIMITED USER
Unless otherwise specified, the DVPL website is not for commercial use. It is specifically meant for personal use only. The user shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this site.
ALTERATION IN PUBLISHED DESCRIPTION / CONTENT
Although DVPL makes every effort to ensure that the description and content on each page of the site is correct, it does not, however, take responsibility for changes occurred due to human, data entry errors or for any loss or damages suffered by any user due to any information contained herein. DVPL reserves the right to make any changes and in the event of you placing an order with us or choosing to avail of our services, the same will be communicated to you before the confirmation invoice is made.
LIABILITY OF DVPL
Since DVPL acts only as an advisor and e-learning provider, it has no liability whatsoever for any aspect of the returns on any investment, decision(s) taken by the user based on information provided by DVPL Website etc. The User shall be provided assistance in making a decision but ultimate liability, risk or responsibility attached to or arising from such decision shall be solely of the User.
LINKS TO THIRD PARTY SITES
The DVPL websites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DVPL and DVPL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DVPL is not responsible for any form of transmission, whatsoever, received from any Linked Site. DVPL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators or owners including the legal heirs or assigns thereof.
PROHIBITION AGAINST UNLAWFUL USE
As a condition of your use of the DVPL websites, the user warrants that they will not use the DVPL website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by these terms, conditions, and notices including both specific and implied. In addition the Site shall not be used in any manner, which could damage, disable, overburden, or impair it or interfere with any other party’s use and/or enjoyment of the Site. The user shall refrain from obtaining or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
USE OF COMMUNICATION SERVICES
The DVPL websites may contain services such as email, chat, bulletin board services, blogs, information related to various investments, financial instruments, news groups, forums, communities, personal web pages, calendars, and/or other message (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
DVPL has no obligation to monitor the Communication Services. However, DVPL reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DVPL reserves the right to terminate the users access(es) to any or all of the Communication Services at any time without notice for any reason whatsoever.
DVPL reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DVPL’s sole discretion.
The user should take particular care while disclosing any identifying information in any Communication Service, which may be identifiable.
DVPL does not control or endorse the content, messages or information found in any Communication Service and, therefore, DVPL specifically disclaims any liability or responsibility whatsoever with regard to the Communication Services and any actions resulting from the users participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for keeping himself/herself updated of and adhering to such limitations if they download the materials.
TERMINATION/ACCESS RESTRICTION
DVPL reserves the right, in its sole discretion, to terminate the access to any or all DVPL websites and the related services or any portion thereof at any time, without notice.
THIRD PARTY ACCOUNT INFORMATION
By using the Account Access service, the user authorizes DVPL and its agents to access third party sites designated by them or on their behalf for retrieving requested information, thereby appointing DVPL and its agents as their agent for this purpose. While registering the user will choose a password and is responsible for maintaining the confidentiality of the password and account. The user is fully responsible for all activities that occur while using their password or account. It is the duty of the user to notify DVPL immediately of any unauthorized use of their password or account or any other breach of security. DVPL will not be liable for any loss that may be incurred by the user as a result of unauthorized use of their password or account, either with or without their knowledge. The user shall not use anyone else’s password at any time.
FEES; PAYMENT
DVPL reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. DVPL further reserves the right to alter any and all fees from time to time, without notice.
The user shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.
USING THE SERVICES
DVPL is responsible only for the transactions that are done by the user through DVPL. DVPL will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the user. The user warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The user further warrants that they will comply with all applicable laws and regulations regarding use of the services. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular DVPL website, then these terms shall control.
PROPRIETARY RIGHTS
DVPL may provide the user with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws. The user may use this material only as expressly authorized by DVPL and shall not copy, transmit or create derivative works of such material without express authorization.
The user acknowledges and agrees that he/she shall not upload, post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the user to personal liability or criminal prosecution.
MODIFICATION OF THESE TERMS OF USE
DVPL reserves the right to change the terms, conditions, and notices under which the DVPL websites are offered, including but not limited to the charges. The user is responsible for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the DVPL websites are for User’s personal and non-commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the DVPL website(s).
RELATIONSHIP
None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the user contained herein or any other section or pages of DVPL Websites or its partner websites, shall be deemed to constitute a partnership between the user and DVPL and no Party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
HEADINGS
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the user contained herein or any other section or pages of DVPL Websites or its partner websites or any provision hereof in any manner whatsoever.
INTERPRETATION NUMBER AND GENDER
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, ‘hereunder” and words of similar import refer to this agreement as a whole.
INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless DVPL and/or its affiliates, partner websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by DVPL and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
SEVERABILITY
If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.