TERMS of USE (“Terms”)
The use of WWW.DIGITUP.COM (the "Website"), operated by DIGITUP Solutions Private Limited ("DIGITUP") are subject to the following Terms :
By accessing either directly or through a hyperlink, the Website, and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink or otherwise.
These Terms apply to all users of the site, including without limitation vendors, buyers, customers, merchants, browsers and/ or contributors of content. You acknowledge and agree that the Website may use your personal information in the manner described in our Privacy Policy.
ASSENT & ACCEPTANCE : By using the Website, You warrant that You have read and reviewed these Terms and You agree to be bound by it. If You do not agree to be bound by these Terms, please do not access or use this Website. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the DIGITUP.
AGE RESTRICTION : You must be at least 18 (Eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to these Terms of Service. DIGITUP assumes no responsibility or liability for any misrepresentation of Your age.
LICENSE TO USE WEBSITE : DIGITUP may provide You with certain information as a result of Your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by the DIGITUP, and other materials which may assist in Your use of the Website or Services ("DIGITUP Materials"). Subject to these Terms of Service, the DIGITUP grants You a non-exclusive, limited, non-transferable and revocable license to use the DIGITUP Materials solely in connection with Your use of the Website and Services. The DIGITUP Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website or Services or at the termination of these Terms of Service. You agree not to collect contact 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 unauthorized use by you shall terminate the permission or license granted to you by the Website and You agree that you shall not bypass any measures used by the DIGITUP to prevent or restrict access to the Website.
INTELLECTUAL PROPERTY : You agree that the Website and all Services provided by the DIGITUP are the property of the DIGITUP, including all copyrights, trademarks, trade secrets, patents and other intellectual property ("DIGITUP IP"). You agree that the DIGITUP owns all right, title and interest in and to the DIGITUP IP and that You will not use the DIGITUP IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the DIGITUP IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the DIGITUP. In order to make the Website and Services available to You, You hereby grant the DIGITUP a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload or otherwise make available to the Website ("Your Content"). The DIGITUP claims no further proprietary rights in Your Content.
ACCEPTABLE USE : You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services or general business of the DIGITUP. You further agree not to use the Website or Services:
To harass, abuse, or threaten others or otherwise violate any person's legal rights;
To violate any intellectual property rights of the DIGITUP or any third party;
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
To perpetrate any fraud;
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
To publish or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate or discrimination towards any group;
To unlawfully gather information about others. You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly; (d) to violate any local, federal or international law, statute, ordinance or regulation; ((e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to damage, disable, overburden, or impair the Website or any other party's use of the Website; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to personally threaten or has the effect of personally threatening other Users. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. The Company has the full authority to review all content posted by Users on the Website. You acknowledge that the Website is not responsible or liable 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 for the same. You agree that You shall not upload, post, or transmit any content that you do not have a right to make available (such as, the intellectual property of another party). You agree to comply with all applicable laws, statutes and regulations concerning 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 or nature that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
DATA LOSS : DIGITUP does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
SPAM POLICY : You are strictly prohibited from using the Website or any of the DIGITUP's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
THIRD-PARTY LINKS & CONTENT : DIGITUP may occasionally post links to third-party websites or other services. You agree that the DIGITUP is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
MODIFICATION & VARIATION : DIGITUP may, from time to time and at any time without notice to You, modify these Termsand such change shall be binding upon you.
SERVICE INTERRUPTIONS : DIGITUP may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the DIGITUP shall have no liability for any damage or loss caused as a result of such downtime.
TERM, TERMINATION & SUSPENSION : DIGITUP may terminate these Termswith You at any time for any reason, with or without cause. The DIGITUP specifically reserves the right to terminate these Termsif You violate any of the terms outlined herein
INDEMNIFICATION : You agree to defend and indemnify the Digitup and any of its affiliates (if applicable) and hold harmless against any and 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 this Agreement of Service, or Your conduct or actions.
NO WARRANTIES : You agree that Your use of the Website is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. Digitup 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.
LIMITATION ON LIABILITY : The Digitup is not liable for any damages that may occur to You because of Your use of the Services, to the fullest extent permitted by law. The maximum liability of the Digitup arising from or relating to this Agreement is limited to the lesser of Indian Rupees 1000/- (Indian Rupees One Thousand only) or the amount You paid to the Digitup in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
JURISDICTION, VENUE & GOVERNING LAW: Any disputes arising from this Agreement shall be governed as per laws of Union of India and courts of Gurugram, Haryana shall have exclusive jurisdiction over such disputes.
Communication : For any questions or concerns, please email at the following address: info@digitup.com.