Terms and Conditions

1. Introduction

• Welcome to https://www.digiimento.com . If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern by DigiiMento relationship with you in relation to this website.The term ‘DigiiMento‘ or ‘DigiiMento Educational Services Private Limited‘ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is at D-4, 3rd Floor C-63, Phase 2, Chattarpur Enclave, New Delhi – 110074. The term ‘you’ refers to the user or viewer of our website.

2. Platform

• The Platform includes all aspects of DigiiMento including but not limited to information, products, software and services offered via DigiiMento.
• The Platform provides online practice tests series, video tutorials etc. (hereinafter “Content”) submitted by the content creator (“Content Creator”). Additionally, information links relating to jobs, notification, bulletins and news etc are provided as is and shall be governed by the terms of the relevant office/website posting the same. DigiiMento does not own any on the Content in the Platform. You agree and acknowledge that the Company has no control over and assumes no responsibility for the Content and by using the Platform, you expressly relieve DigiiMento from any and all liability arising from the Content.
• The Platform may include or contain links to any third-party websites that may or may not be owned or controlled by DigiiMento. DigiiMento has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, DigiiMento will not and cannot censor or edit the content of any third-party site. By using the Platform, you expressly relieve us from any and all liability arising from your use of any third-party website or services. However, we recommend that before you use any third-party service or website you read and understand the terms and conditions and privacy policy of each such website that you visit.
• You agree and acknowledge that DigiiMento shall have the right at any time to change or discontinue any aspect or feature of the Platform, including, but not limited to, the Content, hours of availability and equipment needed for access or use. Further, we may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. DigiiMento reserves the right to refuse access to the Platform, terminate Accounts, remove any Content without any prior notice.

3. Accounts/Registration

• DigiiMento requires you to register as a User by creating an Account in order to use all the features provided for in the Platform. We also allow restricted access to the Platform for unregistered Users. DigiiMento makes the Platform available to Users through the Website and App if you have provided DigiiMento the requisite user information and created an account (“Account”) through the DigiiMento ID and password feature or other login ID and password, including but not be limited to a Facebook, Gmail, yahoo ID or any other valid email ID (collectively, the “Account Information”).
• 3.2 You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur in or through your Account.
• 3.3 Access to your Account shall not be given to any third-party. You hereby confirm that the Account created will always be used by you, DigiiMento reserves the right to terminate access to the account in the event it becomes aware that you have acted in the contrary.
• 3.4 You agree to (a) immediately notify us of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Point.
• 3.5 You shall ensure that the Account Information provided by you in is complete, accurate and up-to-date. Use of another User’s Account Information for availing the services is expressly prohibited.
• 3.6 If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Platform (or any portion thereof).
• 3.7 Any act or action carried out through your account shall be your responsibility and at no point in time will DigiiMento be held liable for any losses or damages that may arise from any such act, including but not limited to unauthorised use. Although DigiiMento will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for our losses or others due to such unauthorized use.

4. Eligibility

• You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use.
• We reserve the right to refuse access to the Platform to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
• We provide these Terms of Use on our Platform so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Use and that you have agreed to them. You agree and acknowledge that your use of the Platform is subject to the most current version of the Terms of Use made available by DigiiMento at the time of such use.

5. Access, Permissions, Restrictions

• You agree to use the Platform provided herein only for purposes that are permitted by (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
• You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by us. You shall not use any deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the website, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
• You acknowledge and agree that by accessing or using the Platform, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the website.
• If we allow you to post and upload any material on the Platform, you hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to host, display, upload, modify, publish, transmit, update or share any information that:
  1. belongs to another person and to which the user does not have any right to;
  2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. 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 cognisable offence or prevents investigation of any offence or is insulting any other nation

6. Use of Content

Except as expressly indicated to the contrary in any applicable Additional Terms, we hereby grant you a limited non-exclusive, revocable, non-transferable access to view, download and print the Content, in accordance with the Terms of Use subject to the following conditions:

1. You may access and use the Content solely for personal, informational, and internal purposes;
2. You may not modify or alter any Content made available to you; You may not distribute or sell, rent, license the Content available to others; and
3. You may not remove any text, copyright or other proprietary notices contained in the Content
4. The rights granted above are subject the terms mentioned in Point 9 of this Terms of Use.

Content Creator and Ownership

• Content Creator shall at all times be liable for the Content available on the Platform at no point in time does DigiiMento have any right of ownership over the Content.
• DigiiMento does not endorse any Content submitted on the Platform. DigiiMento expressly disclaims any and all liability in connection with the Content. DigiiMento does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and we will remove all Content if properly notified that it infringes on another’s intellectual property rights. DigiiMento reserves the right to remove any Content without prior notice if it has reason to believe that the Content infringes any third-party copyright

8. Monitoring

DigiiMento does not monitor, review, or edit the Content on the Platform, but reserves the right to remove or disable access to any Content for any or no reason, including but not limited to, Content that, in DigiiMento is sole discretion, violates these terms. DigiiMento may take these actions without prior notification to you. Removal or disabling of access to Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific Content.

9. Intellectual Property Right & Content Ownership

• The Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Platform is owned and controlled by DigiiMento and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, the details in the above sentence shall not include the Content
• Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, DigiiMento owns all IPR to and the trademark “DigiiMento” and the domain name www.DigiiMento.com and reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from the Company.
• Any software that is available on DigiiMento is the property of the Company or its vendors. You may not use, download or install any software available at the website, without the express written permission of the Company.
• The rights granted is Point 6 of these Terms of Use is not applicable to the design, layout or look and feel of the website. Such elements of the website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the website may be copied or retransmitted unless expressly permitted by us.

10. Termination of Account

• We will terminate a User’s access to the Platform, if
  1. You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time;
  2. We are required to do so by law.
  3. We have elected to discontinue, with or without reason, access to the website, the services (or any part thereof)
  4. Any act violates applicable laws.
• We may suspend access to the Platform or require You to change Your password if we reasonably believe that the Platform have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the Platform will not affect liability previously incurred by You.
• 10.3If you want to terminate your agreement with us, you may do so by (i) not accessing the Website; or (ii) deleting your Accounts on the Platform that you use by writing to us at [email protected] .

11. Effect of Termination

If a User’s Account is terminated for any of the above-mentioned reason in such cases, we reserve the right, in its sole discretion, to terminate or suspend the Account with immediate effect. Upon suspension or termination of the User’s Account the User access shall be terminated immediately and the user shall not be able to access the said terminated Account.

12. Copyright Infringement

• DigiiMento operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third-party infringement.
• If you believe that your work has been copied in a way that constitutes copyright infringement or during your use you believe any Content infringes on any third-party copyright kindly contact us. We have implemented procedures for receiving written notification of claimed infringements on the Content uploaded on the Platform. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication which contains:
  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon
  3. A description of where the material that you claim is infringing is located on the website, including the educator name, topic and any other detail identifying the infringing content
  4. Your email address, your physical address and telephone number;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
     

     Please submit your notice to us as follows:

     Email us at: [email protected]

13. Disclaimer

You agree that your use of the Platform shall be at your sole risk. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the services and your use thereof. To the fullest extent permitted by law, the Company excludes all warranties, conditions, terms or representations about the accuracy or completeness of the Content or the content of any sites so linked and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies in the Content or any content on the company, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our platform, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Platform by any third- party, and/or (v) any errors or omissions in any Content or any other content or for any loss or damage of any kind incurred as a result of the use of any Content or any other content that is posted, emailed, transmitted, or otherwise made available via the services. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform or any hyperlinks featured in any banner or other advertising, and the Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

14. Limitation of Liability

To the fullest extent permitted by law, in no event shall the Company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies in the Content or any other content available on the platform, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Platform, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Platform by any third party, and/or (v) any errors or omissions in any Content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.

We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, the Company limits its liability for any claims under those warranties or conditions to providing you the Platform.

You specifically acknowledge that the Company shall not be liable the Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Platform is controlled and offered by the Company from its facilities in India. The company makes no representations that the service is appropriate or available for use in other locations. Those who access or use the service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

15. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) violation of any applicable laws. This defence and indemnification obligation will survive these Terms of Use and your use of the Platform.

16. Information Technology Act

Certain laws in India prohibit and impose restriction on use of websites and you are advised to make familiar with those laws and not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.

17. Other laws

Certain laws require to maintain data with respect to the services, Goods and other personal information in a prescribed format and We will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.

18. Governing law and jurisdiction

The Terms of Use are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India

19. General

If any part of these Terms of Use is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Platform shall be in writing to the registered office of the Company. We do not guarantee continuous, uninterrupted or secure access to our Platform, and operation of the Platform may be interfered with by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

20. Revision and Modification

Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. The Company may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Platform posts any modification of the Terms of Use shall be taken as your consent and acceptance to such modifications. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.