PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE
Introduction
Your use of Dharana Software Innovations Private Limited (henceforth “Dharana”) products, software, services and web sites (referred to collectively as the “services” in this document and excluding any services provided to you by Dharana under a separate written agreement) is subject to these terms, without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. Your agreement with Dharana will always include, at a minimum, the terms and conditions set out in this document.
Accepting the Terms
On clicking the relevant checkbox or button, you accept and agree to the terms, where this option is made available to you by Dharana in the user interface for any service.
In order to use the services, you must first agree to the terms. You may not use the services if you do not accept the terms.
Provision of the services by Dharana
Dharana is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services which Dharana provides may change from time to time without prior notice to you. Dharana shall not be responsible for any loss or damage caused by a modification of the features which are part of the services.
You acknowledge and agree that Dharana may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at Dharana’s sole discretion.
You acknowledge and agree that if Dharana disables access to your account, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while Dharana may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the services or on the amount of storage space used for the provision of any service, such fixed upper limits may be set by Dharana at any time, at Dharana’s discretion.
The supply of the services will be subject to your making payments at the regular intervals as stated in the contract for the service. In the event that your account is terminated or access is disabled, or the service is permanently or temporarily stopped, Dharana’s liability shall extend only to forfeiting the outstanding amount due for the current billing cycle. Dharana shall not be made liable or called on to repay any amount paid during any previous billing cycle.
Use of the services by you
In order to access certain services, you may be required to provide information about yourself as part of the registration process for the service, or for your continued use of the services. You agree that any registration information you give to Dharana will always be accurate, correct and up to date.
You agree to use the services only for purposes that are permitted by (a) the terms and (b) any applicable law, regulation or guidelines.
You agree not to access (or attempt to access) any of the services by any means other than through the interface that is provided by Dharana, unless you have been specifically allowed to do so in a separate agreement with Dharana. You specifically agree not to access (or attempt to access) any of the services through any automated means (including through the use of scripts or web crawlers)
You agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the services).
Unless you have been specifically permitted to do so in a separate agreement with Dharana, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose.
You agree that you are solely responsible for (and that Dharana has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Dharana may suffer) of any such breach.
Your passwords and account security
You agree and understand that you are responsible to Dharana and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the services. You will be solely responsible for all activities that occur under your account.
Dharana will take due care to ensure the confidentiality of your credentials. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into Dharana’s database, Dharana shall not be made liable for the resulting damages.
If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned official at Dharana immediately.
Privacy and your personal information
For information about Dharana’s data protection practices, please read Dharana’s privacy policy.
You agree to the use of your data in accordance with Dharana’s privacy policy.
Content in the services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the services are the sole responsibility of the person from which such content originated.
You should be aware that content presented to you as part of the services, including but not limited to advertisements in the services, if any, and sponsored content within the services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that content to Dharana (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by Dharana or by the owners of that content, in a separate agreement.
Dharana reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any service. Any spam, pornographic material and / or any illegal content will be immediately deleted and we will suspend and delete the account of any user making such content available, without warning.
You agree that you are solely responsible for (and that Dharana has no responsibility to you or to any third party for) any content that you create, transmit or display while using the services and for the consequences of your actions (including any loss or damage which Dharana may suffer) by doing so.
You understand that by using the services you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the services at your own risk. Dharana shall not be made responsible for any repugnant content circulated on its services by other users.
On noticing any such content, it is your duty to bring it to the attention of Dharana officials immediately, who will take due care to delete it from the services.
Intellectual Property rights
You acknowledge and agree that Dharana (or Dharana’s licensors) owns all legal right, title and interest in and to the services, including any intellectual property rights which subsist in the services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the services may contain information which is designated confidential by Dharana and that you shall not disclose such information without Dharana’s prior written consent.
Unless you have agreed otherwise in writing with Dharana, nothing in the terms gives you a right to use any of Dharana’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
Dharana acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these terms in or to any content that you submit, post, transmit or display on, or through, the services, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Dharana, you agree that you are responsible for protecting and enforcing those rights and that Dharana has no obligation to do so on your behalf.
You agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from Dharana
Dharana gives you a personal, non-assignable and non-exclusive license to use the software provided to you by Dharana as part of the services as provided to you by Dharana. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Dharana, in the manner permitted by these terms.
The payment mode for the services may be either fixed, invoice based or recurring. The payment cycle will be monthly and in the manner decided at the discretion of Dharana. For recurring payments, the credit card of the user will be charged at the beginning of every month and the subscription will be renewed automatically.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof.
Unless Dharana has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.
Ending your relationship with Dharana
The Terms will continue to apply until terminated by either you or Dharana as set out below.
If you want to terminate your legal agreement with Dharana, you may do so by notifying Dharana 7 days in advance. Your notice should be sent, in writing, to Dharana’s address. If you have paid for the service for that month, the amount for the unused period (starting on the 8th day after giving notice) shall be refunded to you.
Dharana may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
(B) Dharana is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful)
(C) Your account is completely inactive and no payment has been made for a period of two months. In this event, all data associated with the account may be deleted and the notification of the deletion will be sent to your registered email.
When these terms come to an end, all of the legal rights, obligations and liabilities that you and Dharana have benefited from, been subject to (or which have accrued over time whilst the terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, DHARANA DOES NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND DHARANA WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DHARANA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
DHARANA FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN CLAUSE 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DHARANA SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH DHARANA MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE DHARANA WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON DHARANA’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT DHARANA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Other content to which references are made, links are provided, etc.
The services may include hyperlinks to other web sites or content or resources. Dharana may have no control over any web sites or resources which are provided by companies or persons other than Dharana.
You acknowledge and agree that Dharana is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that Dharana is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
Dharana may make changes to the terms from time to time. When these changes are made, Dharana will make the amended copy of the terms available on the website of their services.
You understand and agree that if you use the services after the date on which the terms have changed, Dharana will treat your use as acceptance of the amended terms.
General legal terms
Sometimes when you use the services, you may (as a result of, or through your use of the services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned.
The terms constitute the legal agreement between you and Dharana and govern your use of the services, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. (but excluding any services which Dharana may provide to you under a separate written agreement), and completely replace any prior agreements between you and Dharana in relation to the services.
You agree that if Dharana does not exercise or enforce any legal right or remedy which is contained in the terms (or which Dharana has the benefit of under any applicable law), this will not be taken to be a formal waiver of Dharana’s rights and that those rights or remedies will still be available to Dharana.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
The terms, and your relationship with Dharana under the terms, shall be governed by the laws of India. You and Dharana agree that any dispute will be referred to arbitration, with the arbitral panel consisting of three arbitrators, one arbitrator being chosen by each party and a third being jointly appointed by the two arbitrators so chosen. If compelled to approach the Courts because of the nature of the issue or on appeal, the jurisdiction shall rest with the Courts in the city of Chennai.