DhiWise, Private limited. and its affiliates and subsidiaries (“DhiWise” or “us” or “we”) welcome you to our Site! The “Site” means any of our successor URLs, mobile or localized versions and related sub-domains, in whatever format they may be offered now or in the future. Through the Site, we may provide you with general information regarding our company, products and services.
By using or accessing any part of the Site, you are agreeing to these Website Terms of Use (“Terms”), our Privacy Policy and all other policies or notices posted by us on our Site. Portions of the Site may be accompanied by additional terms which apply to specific features or areas of the Site. Those additional terms supplement these Terms with respect to your use of those features or areas. These Terms may change over time, so whenever you visit or use this Site, you agree to the version of these Terms then posted. If you don’t agree to these Terms, don’t use the Site.
THESE TERMS CONTAIN MANDATORY ARBITRATION PROVISIONS THAT REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES. PLEASE READ THEM CAREFULLY.
You have our permission to use the Site, but only if:
You are solely responsible for any User Content you post to the Site, and the consequences of posting or publishing it. By “User Content”, we mean any Content a user posts to the Site, including comments or posts made via third party services. “Content” means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say “post”, we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Site.
If you post User Content, you are making a guarantee to us that you either own all the User Content you are posting, or you have the right to post the User Content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Site without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post your User Content. By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and publicly display and perform your User Content in connection with the Site and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed.
You also agree to sharing and use of your User Content by other users as set forth in these terms.
You understand that once you post your User Content, your User Content becomes public. We are not responsible for keeping any User Content confidential. So, if you don’t want the whole world to see it, don’t post it on the Site.
In addition, we may share your User Content with third parties if we have a good faith belief that access, use, preservation or disclosure of your User Content is reasonably necessary to:
We generally do not monitor or review any User Content. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in User Content. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content. You may be offended by User Content that you see on the Site. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, as further set forth below, you agree not to hold us responsible in any way for your use of our Site, including your exposure to User Content.
In addition, we are not a content-archiving service. We do not promise to store or make available on our Site any User Content that you post, or any other Content, for any length of time. You are solely responsible for keeping back-ups of everything you post on our Site.
The Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws and DhiWise and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Site and Content which is included in the Site (other than User Content). If you give feedback regarding the Site, for example recommendations for improvements or features, we have the right to use the feedback in any way and implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise.We also reserve the right to make changes or updates to the Site or Content provided on or through the Site at any time without notice and we will own any such changes or updates (excluding User Content).
You may not:
All brand, product and service images, logos and names used in the Site that identify DhiWise, our suppliers or our customers and our or their proprietary products and services are the trademarks or service marks of DhiWise, our suppliers or our customers. Nothing in this Site shall be deemed to confer on any person any license or right on the part of DhiWise or such supplier with respect to any such image, logo or name.
We respect the intellectual property rights of others. You may not use our Site to infringe anyone else’s copyright or other intellectual property right. If we find out that you are infringing, we may remove your User Content. We do not have to give you notice that we are removing your User Content. In addition to our other rights and remedies, we may also terminate your account if we determine that you are a repeat copyright infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had their User Content removed from our Site more than twice.
If you believe that something on our Site violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is as follows: legal@dhiwise.com
In order for us to take action, your notice must include the following:
Again, we cannot take action unless you give us all the required information.
Only notices about copyright infringement should go to our copyright agent. If you have anything else to communicate with us (like feedback, comments, or requests for technical support), you should contact us at help@dhiwise.com.
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will Company or its suppliers be held liable for any damages due to such interruptions or lack of availability.
Our Site may contain links to other websites that we don’t own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don’t like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.
Use of the site is at your own risk.
The site (including our content) is provided on an “as is” and “as available” basis. DhiWise and its affiliates, suppliers, partners and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
DhiWise and its affiliates, suppliers, partners and agents make no warranty that:
To the fullest extent permitted under law, DhiWise and its affiliates, suppliers, partners and agents have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any indirect, incidental, special, punitive, or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising from or related to your use of the site or any content provided by or through the site, even if we have been advised of the possibility of such damages or liabilities in advance. The foregoing limitation applies to damages and liabilities arising from:
Notwithstanding anything to the contrary contained herein, Dhiwise’s liability and the liability of each of its affiliates, suppliers, partners and agents to you or any third parties under [any circumstances relating to your access to the site or other activities governed by] these terms is limited to a maximum amount of one hundred dollars (USD$100).
You agree to indemnify, defend (if we so request) and hold harmless DhiWise and its affiliates, suppliers, partners and agents from and against any claim, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from your User Content, your use of the Site, your connection to the Site, your violation of these Terms or your violation of any rights of any third party. Your indemnification obligation will survive the termination of these Terms and your use of the Site.
We may terminate or suspend your permission to use the Site immediately and without notice upon any violation of these Terms, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. Upon any termination we may delete your User Content and we may bar you from further use of the Site. You understand that we may also continue to make your User Content available on the Site even if your use of the Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your User Content or access to the Site.
Direct Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms, whether arising in contract, tort or otherwise, (“Dispute”), the parties shall first use their best efforts to resolve the Dispute. If a Dispute arises, the complaining party shall provide written notice to the other party in a document specifically entitled “Initial Notice of Dispute,” specifically setting forth the precise nature of the dispute (“Initial Notice of Dispute”). If an Initial Notice of Dispute is being sent to DhiWise it must be emailed to legal@dhiwise.com and sent via mail to:
Attn: DhiWise Pvt. Ltd., 901, Infinity Tower, Station Road, Surat, Gujarat, India – 395003.
You agree that if you want to resolve a dispute with DhiWise, you must send an initial notice of dispute within one (1) year after the event that gave rise to the dispute. Otherwise, your dispute will be permanently barred.
Following receipt of the Initial Notice of Dispute, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interest, attempt to reach a just and equitable solution of the Dispute that is satisfactory to both parties (“Direct Dispute Resolution”). If the parties are unable to reach a resolution of the Dispute through Direct Dispute Resolution within ninety (90) days of the receipt of the Initial Notice of Dispute, then the Dispute shall subsequently be resolved by arbitration as set forth below.
In the event that a dispute between the parties cannot be settled through direct dispute resolution, as described above, the parties agree to submit the dispute to binding arbitration.
Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope operation or effect of these terms or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.
The limitation of one discovery deposition per side shall be applied by the arbitrator, unless it is determined, based on all relevant circumstances, that more depositions are warranted. The arbitrator shall consider the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery.
The arbitration will occur in Surat, Gujarat, India, but the parties may choose to appear by person, by phone, by another virtual means, or through the submission of documents.
The arbitrator will issue a ruling in writing. Any issue concerning the extent to which any dispute is subject to arbitration, the applicability, interpretation, or enforceability of these Terms shall be resolved by the arbitrator.
All aspects of the arbitration shall be treated as confidential and neither the parties nor the arbitrators may disclose the content or results of the arbitration, except as necessary to comply with legal or regulatory requirements. The result of the arbitration shall be binding on the parties and judgment on the arbitrator’s award may be entered in any court having jurisdiction. The arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
For any claim which is not subject to this dispute resolution provision, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of the courts located within Surat, Gujarat, India. In any dispute, all Indian laws shall apply.
These terms must be construed as if they were jointly written by both parties. Both you and DhiWise agree that each may bring or participate in claims against the other only in their respective individual capacities, and not as a plaintiff or class member in any purported class. No arbitration or claim under these terms shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the site, and no class arbitration proceedings shall be permitted. In the event of any dispute concerning the validity or enforceability of this provision, such claim must be adjudicated by a court and not by an arbitrator.
Notwithstanding the above provisions, DhiWise may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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