This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This TOUFW is between Mrs. Shrreya Siddarth Shah having her place of business at k-3, ankur park-1, near shivshankar sabhagruh, maharshingar, pune-411036 (hereinafter referred to as “My Dvija”) and the User of the WEBSITE WWW.mydvija.COM (hereinafter referred to as Website).
For the purposes of this TOUFW, the term “User” means and includes any person who after agreeing to this TOUFW, uses the Website.
The term YOU appearing in this TOUFW means the User of the WEBSITE mentioned herein. In case the User is not the person using this WEBSITE or is not the person who actually read this TOUFW, then it shall be deemed that such person using the WEBSITE is apprised by the User / owner of the device about this TOUFW and is aware of the Terms and conditions.
Your use of the Website and services and tools are governed by the TOUFW including the applicable policies and disclaimer which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with MY DVIJA and these terms and conditions including the policies constitute Your binding obligations, with MY DVIJA.
When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this TOUFW and shall be considered as part and parcel of this TOUFW. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these TOUFW, at any time without any prior written notice to You. It is Your responsibility to review these TOUFW periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these TOUFW, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website subject to the TOUFW.
Eligibility for use
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. MY DVIJA reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to MY DVIJA’s notice or if it is discovered that you are not legally competent to Contract as per Indian laws.
Your Account and Registration Obligations
If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password, if any, and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this TOUFW, We shall have the right to indefinitely suspend or terminate or block access of your membership/access/login/account on the Website and refuse to provide You with access to the Website.
Membership on the Website is free for user / buyers. As of now MY DVIJA does not charge any fee for browsing and buying on the Website. MY DVIJA reserves the right to change its Fee Policy from time to time. In particular, MY DVIJA may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event MY DVIJA reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to MY DVIJA.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
PRECAUTIONS, PROHIBITIONS, LIABILITIES AND RESTRICTIONS WHILE USING THE WEBSITE
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person or is an Intellectual Property right or other legal right of any other person and to which You does not have any right to; whether or not the same is in public domain;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, politically motivated, a political view, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading, fraudulent or amounts to concealment of facts in any way;
(d) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(e) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(f) provides material that solicits personal information from anyone;
(g) provides instructional information about illegal activities such as making or buying illegal weapons, hacking data, contraband, intoxicating and potentially dangerous to health or any drugs that are not available across the counter, violating someone’s privacy, or providing or creating computer viruses;
(h) contains video, photographs, or images of another person (with a minor or an adult).
(i) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(k) interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;
(m) impersonate another person;
(n) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(o) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(p) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
(q) violates any law for the time being in force;
2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms MY DVIJA, www.mydvija.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of MY DVIJA or sellers on platform or otherwise tarnish or dilute any MY DVIJA’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or MY DVIJA’s systems or networks, or any systems or networks connected to MY DVIJA.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Income Tax and GST).
11. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
12. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails or Comments which a user may send to other Users or on open comment platform in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
14. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
15. MY DVIJA shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
16. The Use of this website is strictly for non-commercial purposes.
17. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a Intellectual Property and proprietary information of My Dvija. No part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without MY DVIJA’s express prior written consent.
18. You shall indemnify, hold harmless, and defend MY DVIJA, its employees, agents and affiliates against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of MY DVIJA’s products / services / use of website / advices / therapies / ideas unless any express warranty for such use of product / services / use of website / advices / therapies / ideas is expressly and specifically given.
19. Except as expressly stated in writing, MY DVIJA makes no representation or warranties in respect of products or use of this Website & expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose or even general purpose.
20. This Agreement shall be governed by Indian law. All disputes are subject to the Courts situated within the local limits of the Pune District in state of Maharashtra.
If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
22. All notices, correspondences and any communication shall be deemed to be complete when served by way of email at firstname.lastname@example.org or send by Registered Post Acknowledgement due at k-3, ankur park-1, near shivshankar sabhagruh, maharshingar, pune-411036.
For Shrreya Siddarth Shah
All rights reserved.