TERMS AND CONDITIONS

Last updated: February 28, 2021

Please read these terms and conditions carefully before using Our Service.

INTERPRETATION AND DEFINITIONS

INTERPRETATION

The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

DEFINITIONS

For these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
  • Country refers to Maharashtra, India
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to digiMentrix.
  • Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
  • Website refers to hindivihar, accessible from https://www.hindivihar.com
  • You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

ACKNOWLEDGMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

LICENSE

hindivihar grants you a non-exclusive, non-transferable, limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with the express wrote consent of hindivihar. This license allows people searching for unique products and gifts to purchase those products for personal use. Users are further prohibited from making any derivative use of the Site or its Content; downloading or copying any account information or listing information for the benefit of any third party; or using any “robots,” “spiders,” or similar data-gathering, data-mining, or data extraction tools. All content on the Site is the property of hindivihar, and no portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of hindivihar.

Any unauthorized use terminates the permission or license granted by hindivihar and may result in both civil and criminal liability.

SITE RESTRICTION

Users may not use the Site to transmit, post, distribute, store or destroy material, including, without limitation, comments and reviews (the “Content”) (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) that is defamatory, obscene, threatening, abusive or hateful.

Users are also prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following activities: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”; or (iv) forgoing any TCP/IP packet header or any part of the header information in any email or posting on the Site. Attempts to violate system or network security immediately terminate the permission or license granted by hindivihar and may result in civil and/or criminal liability.

PROHIBITED USES

Listing of available products on the Site may be used only for lawful purposes by Users of the Site. You may not frame or utilize framing techniques to enclose any trademark, logo, copyrighted image, or other proprietary information (including images, text, page layout, or form) of hindivihar without express written consent. You may not use any meta tags or any other “hidden text” utilizing hindivihar’s name or trademarks without the express written consent of hindivihar. You agree not to sell or modify any content found on the Site including, but not limited to, names of Users and Content, or to reproduce, display, publicly perform, distribute, or otherwise use the Content, in any way for any public purpose, in connection with products or services that are not those of hindivihar, in any other manner that is likely to cause confusion among consumers, that disparages or discredits hindivihar or its licensors, that dilutes the strength of hindivihar’s or its licensor’s property, or that otherwise infringes hindivihar’s or its licensor’s intellectual property rights. You further agree to in no other way misuse the Content that appears on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that hindivihar creates to generate or display any Content or the pages making up the Site is also protected by hindivihar’s copyright, and you may not copy or adapt such code.

hindivihar has no duty to monitor any materials posted, transmitted, or communicated to or with the Site. If you believe that something on the Site violates these Terms please contact our designated agent as set forth below.

If notified by a User of any materials which allegedly do not conform to these Terms, hindivihar may in its sole discretion investigate the allegation and determine whether to take any other actions or remove or request the removal of the Content. hindivihar has no liability or responsibility to Users for performance or nonperformance of such activities.

ELECTRONIC COMMUNICATION

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements notices, disclosure, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

COPYRIGHT

All content included on this Site, such as text, graphics, logos, icons, images, data compilations, and software, is the property of hindivihar or its content suppliers and protected by the United States and international copyright laws. The compilation of all content on this Site is the exclusive property of hindivihar and protected by the U.S. and international copyright laws. All software used on this Site is the property of hindivihar or its software suppliers and protected by the U.S. and international copyright laws.

TRADEMARKS

hindivihar.com, TIWIB, and other hindivihar graphics, logos, page headers, icons, images, and service names are trademarks, registered trademarks, or trade dress of hindivihar in India and/or other countries. hindivihar’s trademarks and trade dress may not be used in connection with any product or service that is not hindivihar’s, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits hindivihar. All other trademarks not owned by hindivihar that may appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by hindivihar.

YOUR ACCOUNT

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You also agree to not disclose any personally identifiable data, including, but not limited to, first and last names, credentials, or other information of a personal nature (“Personal Data”) obtained from the Site. Your disclosure of any Personal Data obtained from the Site may result in the immediate termination of your account. hindivihhar further reserves the right to refuse service, terminate accounts, and remove or edit Content at its sole discretion.

hindivihar does not represent or guarantee the truthfulness, accuracy, or reliability of Content on the site, including Personal Data. Each User is responsible for updating and revising any relevant account information when necessary to maintain the truthfulness, accuracy, or reliability of the information.

REVIEWS, COMMENTS, COMMUNICATION, AND OTHER CONTENT

Registered Users of the Site may post reviews and comments of a product or service purchased via the Site, so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain commercial solicitation, mass mailings, or any form of “spam.” You may not use another User’s account to impersonate a User or entity or otherwise mislead as to the origin of the remarks. hindivihar reserves the right (but is not obligated) to remove or edit such content, but does not regularly review posted content.

If you post a review or submit comments, and unless hindivihar indicates otherwise, you grant hindivihar a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world, in any media. You grant hindivihar and sublicensees the right to use your name in connection with such content if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify hindivihar for all claims resulting from Content You supply. hindivihar has the right but not the obligation to monitor and edit or remove any activity or Content. hindivihar takes no responsibility and assumes no liability for any content posted by You or any third party.

INDEMNITY

You agree to defend, indemnify, and hold harmless hindivihar, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal, accounting, and other service provider fees, alleging or resulting from (i) any Content of other material You provide to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. hindivihar shall provide notice to You promptly of any such claim, suit, or proceeding.

TERMINATION

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” AND “AS AVAILABLE” DISCLAIMER

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

GOVERNING LAW

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

DISPUTES RESOLUTION

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

FOR EUROPEAN UNION (EU) USERS

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

THE UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

SEVERABILITY AND WAIVER

SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

WAIVER

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

TRANSLATION INTERPRETATION

These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

CONTACT US

If you have any questions about these Terms and Conditions, You can contact us:

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