INTRODUCTION
Digital Empower Hub welcomes
you to our website https://digitalempowerhub.com ("Site").
The Site is owned, controlled and
operated by Digital Empower Hub as its proprietor and its
management (the "Firm").
These terms of use (“Terms”)
are a legal agreement between you, a user of the Site (“you” or “your”
or “user”) and the Firm (“us” or “we” or “our”)
that governs your access to and use of the Site.
Remember that your use of the
Site is at all times subject to the Terms of Use which incorporates this
Privacy Policy. Any terms we use in this Policy without defining them have the
definitions given to them in the Terms. The general provisions as outlined in
the Terms shall be applicable to this Privacy Policy as well.
Please read these Terms carefully
before using the Site. Please also read the Privacy Policy which is a part of
these Terms and incorporated herein by reference. The Privacy Policy describes
how we collect, store, secure, retain, use, process, disclose, share, transfer
and dispose the information we collect or that you provide when you access or
use the Site. If you do not understand or do not wish to be bound by these
Terms, you should not use the Site.
The Site is for adults or people
who have attained the age of majority. As such we do not encourage minors to
use the Site. The Site is strictly prohibited to persons who are under the age
of 10. Subject to these Terms, use of the Site is available only to
persons who can enter into legally binding contracts under applicable law. If
you are under the age of 18 (Eighteen) years or the legal age of majority in
your jurisdiction, your parent, or legal guardian must agree to these Terms on
your behalf.
Visiting, browsing, accessing, or
using the Site constitutes your unconditional acceptance and agreement to be
legally bound by these Terms. If you do not agree to these Terms do not access
or otherwise use the Site.
We reserve the right, at any time
and from time to time, to amend, modify, revise, update, suspend, remove and/or
otherwise change these Terms without prior notice to you. All such amendments
and modifications shall take effect immediately when posted on the Site. By
continuing to access or browse the Site after any such amendments or
modifications, you agree to be bound by such amended or modified Terms. For
this reason, we encourage you to review these Terms whenever you access the
Site. Be sure to read these Terms periodically to ensure familiarity with the
most current version of these Terms. If you do not agree to any change to these
Terms, you must immediately stop using the Site.
THE WEBSITE
You specifically understand,
acknowledge and agree that the Site have been designed for informational
purposes only and is not intended to provide any professional or other advice
of whatsoever nature. The content of this Site, and the Site as a whole, are
intended solely for your personal use and shall not be used for any commercial
purposes. We disclaim any responsibility for actions caused by use of the Site
or information contained on it. We do not provide any warranty or
guarantee as to the accuracy, timeliness, performance, completeness or
suitability of the information, content and materials found or offered on the
Site for any particular purpose. You acknowledge that such information, content
and materials may contain inaccuracies or errors and we expressly exclude
liability for any such inaccuracies or errors. Your use of any content,
information or materials on the Site is entirely at your own risk, for which we
shall not be liable.
The Site also enables you to
engage with us. Should you choose to engage with us, you hereby grant us all
licenses and consents that may be required for this purpose, including but not
limited to live stream, film, and record (audio and video) in any format and in
any medium, or device, and by adopting any processes and technology, whether
now known or hereinafter devised.
We do not endorse, support,
sanction, encourage, verify, or agree with the comments, opinions, or
statements posted on the Site by our users and we are not responsible, and
shall have no liability to you, with respect to any information or materials
posted by others, including defamatory, offensive or illicit material, even
material that violates these Terms.
Except where otherwise provided,
access to and use of the Site is without charge. We reserve the right to charge
a fee for access to or use of this me Site, or any services that we may provide
on the Site. If you purchase a paid service from us, we may use a third party
that is not affiliated with us to process your payments, including providers of
payment gateways (“Processor”). You agree that the Processor is solely
responsible for controlling, handling and processing your payments. Please note
any amounts paid to us are not refundable.
PRIVACY POLICY
Please review our privacy policy
(“Privacy Policy”), which is part of these Terms and describes how we
handle your personal information. By visiting, browsing, accessing, or using
the Site, you agree that we may collect, use and share your personal and other
information in accordance with the terms of our Privacy Policy.
ACCOUNTS, SECURITY, PASSWORDS
You may register for an account
on the Site in order to become a subscriber to the services offered by us
through the Site. If you intend to open an account, you must complete the
specified registration process by providing us with current, complete, and
accurate information as requested by the applicable online registration form.
It is your responsibility to maintain the currency, completeness, and accuracy
of your registration data and any loss caused by your failure to do so is your
responsibility. It is entirely your responsibility to maintain the
confidentiality of your password and account. Additionally, you are entirely
responsible for any and all activities that occur under your account. You agree
to notify us immediately of any unauthorized use of your account. We are not
liable for any loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge. You may cancel your
account by following the procedure prescribed in these Terms.
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
The Site and all information and
content which we have made available on the Site, including but not copyrighted
works, literature, text, graphics, logos, button icons, images, audio/video
clips, data compilations and software, and the compilation and organization
thereof is owed by us or is used with consent of the owner and is protected by
laws, including laws governing, copyrights, trademarks and other intellectual
property. The reproduction and use of any of these by you is prohibited unless
specific written permission is provided by us. Any unauthorized use shall
violate copyright laws, trademark laws and other applicable intellectual
property laws. All rights in the Site and its content are reserved.
Certain content and information
on the Site are used with the permission of third parties, and use of that
content and information is subject to terms and conditions of such third
parties and by using the Site, you agree to abide by all such terms and conditions.
The copying, downloading,
modification, revision, reproduction, republication, uploading, posting,
transmission, or distribution for commercial or non-personal purposes of any
content, material or elements from the Site including without our express written
permission or other owners of the intellectual property is strictly prohibited.
You agree not to, directly or indirectly, copy, use, or distribute any content
available on the Site other than as expressly permitted herein. Also, if you
download or print any content for personal use, you must retain all copyright
and other proprietary notices identifying us as the owners.
Nothing contained on the Site
should be construed as granting, by implication or otherwise, any right,
license, or title to any of our intellectual property or the intellectual
property of any third party. All rights are expressly reserved and retained by
us and our licensors. Your misuse of the Site, or any service or content
available on the Site except as provided in these Terms, is strictly
prohibited. Please be advised that we consider our intellectual property to be
among our most valuable assets and we will aggressively enforce our
intellectual property rights to the fullest extent provided under law.
LIMITED LICENSES GRANTED TO YOU
Subject to these Terms, we grant
you a non-exclusive, revocable, non-sub-licensable, non- transferable, and
limited license to access the Site solely for the purpose accessing the content
on, and our services provided through the Site, for your personal and
non-commercial use.
You shall not, either directly or
indirectly: (i) copy, adapt, alter, modify, translate, localize, merge and/or
create derivative works of the Site; (ii) decompile, disassemble, reverse
engineer, reduce the Site to human perceptible form and/or otherwise attempt to
determine its underlying source code; (iii) alter, obscure, deface, remove,
conceal and/or otherwise interfere with any eye- readable or machine-readable
marking on the Site which refers to us as the owner, author or developer of the
Site and all proprietary and intellectual property rights contained therein;
(iv) distribute, provide, lease, lend, use and/or allow others to use the Site
to or for the benefit of any third parties; and (v) provide the use of the Site
in any service bureau, time- sharing or facilities management arrangement
and/or otherwise use the Site to provide services to third parties.
CONTRIBUTED CONTENT AND SUBMISSIONS OF USERS
All content created, added,
uploaded, submitted, distributed, communicated, or posted on the Site by users
(collectively "User Content"), whether publicly posted or
privately transmitted, is the sole responsibility of the user who created or
generated the User Content. The Site permits the submission of User Content and
the hosting, sharing, and/or publishing of such User Content. Notwithstanding
anything contained herein, you shall be solely responsible for your own User
Content and the consequences of posting or publishing them. You represent that
all User Content provided by you is accurate, complete, up-to-date, and in
compliance with all applicable laws.
You acknowledge that all User
Content accessed by you using the Services is at your own risk and you will be
solely responsible for any damage or loss to you or any other person resulting
therefrom. We do not guarantee that any User Content you access on the Site is
or will continue to be accurate. We do not and will not claim any ownership
over or rights to the User Content, except to the extent stated herein.
In connection with the User
Content, the user affirms, represents, and warrants that: (i) the user owns or
has the necessary licenses, rights, consents, permissions and authorizations to
use and authorise us to use, all User Content, including to enable us to
include and use the User Content for the purposes and in the manner
contemplated by these Terms; (ii) the user has the written consent,
authorisation, release and/or permission of each and every identifiable
individual person in the User Content to use the name and/or likeness of each
and every such identifiable individual person to enable inclusion and use of
the User Content in the manner contemplated by these Terms; and (iii) we will
not be subjected to any claim, actions, liabilities, loss and damage as a
result of its use of the User Content.
By submitting any User Content to
the Site, you hereby do and shall grant us a worldwide, non-exclusive,
perpetual, irrevocable, royalty-free, fully paid, sub-licensable (through
multiple levels) and transferable license to use, aggregate, reproduce, distribute,
display, perform, and otherwise fully exploit such User Content in connection
with the Site, and the services we provide, including without limitation for
promoting and redistributing, part or all of the Site or our services in any
media formats and through any media channels (including, without limitation,
third party websites and feeds), and including after your termination of your
arrangement with us.
By submitting any User Content to
the Site, you also hereby do and shall grant each user a non-exclusive license
to access any of your User Content that is available to such user on the Site,
and to use such User Content, including after your termination of your
arrangement with us.
We: (i) cannot control the User
Content and other information provided by the users which is made available on
the Site; (ii) do not research, endorse, validate, or certify the User Content
and any other information submitted/uploaded by users on the Site nor assume
that all User Content and information will be complete, accurate, truthful,
trustworthy, and reliable; and (iii) expressly disclaim any and all liability
in connection with the User Content.
The Site permits sharing of
views, opinions and information regarding the content posted on the Site. All
statements, photos, videos, materials, or other User Content posted by users
reflects the views of the individual user and does not reflect our views. We
take no responsibility and assume no liability for any User Content posted by
you or any third party.
We encourage respectful,
constructive dialogue and reserve the right to remove posts that are not in
compliance with these terms.
A user shall not host, display,
upload, modify, publish, transmit, store, update or share any information that:
(i) belongs to another person and to which the user does not have any right;
(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s
privacy, including bodily privacy, insulting or harassing on the basis of
gender, libellous, racially or ethnically objectionable, relating or
encouraging money laundering or gambling, or otherwise inconsistent with or
contrary to the laws in force; (iii) is harmful to child; (iv) infringes any
patent, trademark, copyright or other proprietary rights; (v) violates any law
for the time being in force; (vi) deceives or misleads the addressee about the
origin of the message or knowingly and intentionally communicates any
information which is patently false or misleading in nature but may reasonably
be perceived as a fact; (vii) impersonates another person; (viii) 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
other nation; (ix) contains software virus or any other computer code, file or
program designed to interrupt, destroy or limit the functionality of any
computer resource; and (x) is patently false and untrue, and is written or
published in any form, with the intent to mislead or harass a person, entity or
agency for financial gain or to cause any injury to any person.
USER CODE OF CONDUCT
As a condition of your use of the
Site, you promise and undertake not to use the Site for any purpose that is
prohibited by these Terms.
You agree that you shall not
(directly or indirectly) submit, upload, provide, transmit, distribute, post,
store, link, or otherwise share content, information, data, software, and/or
materials on the Site that: (i) you do not have the right, authority or license
to make available, whether under law, contract or otherwise; (ii) is unlawful,
threating, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
tortious, offensive, profane, contains or depicts pornography, or is otherwise
inappropriate as determined by us, in our sole discretion; (iii) is false,
misleading, untruthful or inaccurate; (iv) is invasive of another’s privacy;
(v) violates the publicity or proprietary or intellectual property rights of
third parties; (vi) impersonates any person or entity, including any of our
employees, agents, representatives, sub-contractors or partners or falsely
states or otherwise misrepresents your affiliation with any person or expresses
or implies that we endorse any statement you make; (vii) includes anyone’s
identification documents or sensitive financial information or any personal
information about another individual or any information that may be used to
track, contact or impersonate that individual; (viii) discloses or provides
information protected under any law, agreement or fiduciary relationship,
including but not limited to proprietary or confidential information of others,
insider information or material, or non-public information; (ix) constitutes
unauthorized or unsolicited advertising; (x) violates any law; (xi) would give
rise to criminal or civil liability (under tort or otherwise); (xii) encourages
conduct that constitutes an offense or that encourages or provides
instructional information about illegal activities; (xiii) has the potential to
create liability for us; (xiv) could cause us to lose, in whole or in part, our
relationship with our users, clients, business partners, licensors, services
providers or other suppliers; (xv) interferes with or disrupts the operation of
the Site and our services or the servers or networks used to make the Site
available, or violate any requirements, procedures, policies or regulations of
such networks; and (xvi) threatens the unity, integrity, defense, security or
sovereignty of any country, 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.
You shall not (directly or
indirectly): (i) disclose any sensitive, proprietary or confidential
information, about yourself or anyone else or knowingly disseminate information
that you know, reasonably ought to know, to be confidential in nature, in violation
of any duty of confidentiality which you are subject to; (ii) misrepresent the
source of your content; (iii) use the Site in violation of any applicable law
or otherwise in violation of any applicable law which you may be subject to;
(iv) use the Site in a manner that would violate the lawful privacy rights of
any person or to publish or republish defamatory or libellous statements, or to
harass or embarrass any person; (v) use the Site in a manner which could cause
loss, damage or personal injury to any person; (vi) use the Site for any
fraudulent or unlawful purpose or for the promotion of illegal activities;
(vii) use the Site in any manner that could interrupt, damage, disable,
overburden or impair the Sites or interfere with any other persons use and
enjoyment of the Sites; (viii) bypass, circumvent or attempt to bypass or
circumvent any measures I may use to prevent or restrict access to the Site (or
other computer systems, resources or networks connected to the Site); (ix) run
any form of auto-responder or “spam” on the Sites; (x) use manual or automated
software, device, or other processes to “crawl” or “spider” any page of the
Site; (xi) obtain or attempt to gain unauthorized access to other computer
systems, resources, materials, information or any services available on or
through the Site through any means, including through means not intentionally
made publicly available or provided for through the Site; (xii) take any action
that imposes or may impose (as determined by us in our sole discretion) an
unreasonable or disproportionately large load on our (or our third party
service providers’) infrastructure; (xiii) interfere or attempt to interfere
with the proper working of the Site or any activities conducted on the Site;
(xiv) make improper use of our Site or submit false reports of abuse or
misconduct; (xv) disparage, tarnish or otherwise harm us, including the Site;
(xvi) offer, attempt to offer, trade or attempt to trade in any item, the
dealing of which is prohibited or restricted in any manner under the provisions
of any applicable law, rule, regulation or guideline for the time being in
force; and (xvii) use the Site or the Site in violation of these Terms or
otherwise take any action in violation of our guidelines and policies.
In using the Site, you must
comply with, and refrain from violations of, any right of any other persons,
law or contractual duty, including without limitation laws forbidding: (i)
distribution of child pornography;(ii) forgery, identity theft, misdirection or
interference with electronic communications; (iii) invasion of privacy; (iv)
unlawful sending of commercial electronic message or other marketing or
electronic communications; (v) securities violations, wire fraud, money
laundering, or terrorist activities; or (vi) false advertising, propagating or
profiting from fraudulent and unfair schemes.
You shall abide by all applicable
laws with respect to the use of the Site.
You shall assume full legal
responsibility for any access and use of the Site, and in the event of any
breach of this duty resulting in legal claim against us, you shall defend,
indemnify, and hold us harmless from all losses, damages and liabilities arising
therefrom.
We also reserve the right to
access, read, preserve, and disclose any information as I we reasonably believe
is necessary to: (i) satisfy any applicable law, legal process or governmental
request; (ii) enforce these Terms, including investigation of potential
violation hereof; (iii) detect, prevent, or otherwise address fraud, security
or technical issues; (iv) respond to your support request; and (v) protect the
rights, property or safety of us, our users and the public.
DISCLAIMER
You acknowledge that we have no
duty to take any action regarding: (i) which users gain access to the Site;
(ii) what content you access via the Site; or (iii) how you
may interpret or use the content.
The Site and content made
available on the Site, including without limitation, any information delivered
as part of the foregoing are provided on an “as is” and “as available” basis,
without warranty of any kind, express or implied, whether by statute, common
law, custom, usage or otherwise, including, but not limited to performance,
security, integration, quiet enjoyment, satisfactory quality and implied
warranties of title, non-infringement, merchantability and fitness for a
particular purpose as well as all warranties arising by usage of trade, course
of dealing, or course of performance. Without limiting the foregoing, we makes
no warranty that: (i) Site and the services we make available through the Site,
including without limitation any materials and information delivered as part of
the foregoing: (a) will meet your requirements; (b) will be accurate,
uninterrupted, timely, secure, or error-free; (ii) the results that may be
obtained from the use thereof will be effective, accurate, or reliable; (iii) the
quality of the services purchased or accessible by you will meet your
expectations; (iv) any errors or defects in the foregoing will be corrected;
and (v) is free of viruses or other harmful components.
We specifically disclaim all
liability for any actions resulting from your use of Site. You may use and
access the Site at your own discretion and risk, and you are solely responsible
for any damage to your computer system or loss of data that results from the
use of and access to the Site.
We disclaim any and all liability
with respect to any losses, damages, liabilities, personal injury or other harm
that may be caused by your reliance on any advice, suggestions, recommendations
or other information provided on the Site.
INDEMNIFICATION
You shall indemnify, defend and
hold harmless us, our affiliates, licensors and partners from all losses,
damages, liabilities, claims, costs and expenses, brought against or suffered
by any of them resulting from, arising out of or relating to your (or any third
party using your identity or your account, computers, systems, mobiles,
machines, communication devices, network and others applications and
resources): (i) use or misuse of, or access to, the Site; (ii) violation or
breach of these Terms; (iii) violation or breach of any applicable law, whether
or not referenced herein; and (iv) violation of any rights of any third party.
We reserve the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will assist and
cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
The users specifically
acknowledge that the Site is provided with the expectation that we shall not
assume any risks of the users. Accordingly, in no event shall we assume any
risks of the users.
We shall not be held liable for
any liabilities suffered by the users or any third party relating to or arising
out of: (i) a failure by the users to adhere to these Terms; (ii) negligent
acts of the users; and/or (iii) breach by the users of any applicable law.
In no event shall we, our
affiliates, licensors and partners be liable under contract, tort, strict
liability, negligence or any other legal or equitable theory with respect to
the Site: (i) for any lost profits or other economic losses, loss of data and
other programs, loss of opportunity, business interruption, cost of procurement
of substitute goods or services, or special, indirect, incidental, punitive,
compensatory or consequential damage of any kind whatsoever; (ii) for any bugs,
viruses, trojan horses, or the like (regardless of the sources of origination);
or (iii) for any direct damages in excess of 1,000/- (Rupees One Thousand only)
or the fees (if any) paid to us for the usage of the Site (whichever is lower),
even if we has been advised of, knew, or should have known, the possibility
thereof. You acknowledge that the fee paid by you reflects the allocation of
risk set forth in these Terms and that we would not enter into this agreement
and Terms without these limitations. You hereby waive any and all claims
against us arising out of your use of the Site. Your sole and exclusive right
and remedy in case of dissatisfaction with the Site or any other grievance
shall be your termination and discontinuation of access to or use of the Site.
In no event shall we, our
affiliates, licensors and partners be liable for any bodily injury, loss of
life, loss of property or any other accident that arise out of or is in any way
connected with any use of the Site.
THIRD PARTY SERVICES, ADVERTISEMENTS, SPONSORSHIPS,
CO-PROMOTIONS AND OTHER PARTNERSHIPS
We may display advertisements for
the goods and services of a third party on the Site, including in connection
with co-promotions, sponsorships and other similar partnership arrangements. We
do not endorse or represent and are not responsible for the safety, quality,
accuracy, reliability, integrity or legality of any such goods or services
advertised, promoted or displayed on the Site.
The Site may permit you to link
to other websites, services or resources on the internet, and other websites,
services, or resources, may contain links to the Site. The use of any website
which are controlled, owned, or operated by third parties is governed by the
terms and conditions of use and privacy policies for those websites, and not by
these Terms. When you access third party resources on the internet, you do so
at your own risk. These other resources are not under our control, and you
acknowledge that we are not responsible or liable for the content, functions,
accuracy, legality, appropriateness or any other aspect of such website or
resources. The inclusion of any such link does not imply our endorsement or any
association between us and their operators. You further acknowledge and agree
that we shall not be responsible or liable, directly, or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use
of or reliance on any such content, goods, or services available on or through
any such website or resources. It is your responsibility to protect your
systems from items such as viruses, worms, trojan horses and other items of a
destructive nature. We expressly disclaim any liability arising in connection
with your use and/or viewing of any websites or other material associated with
third party links that may appear on the Site. You hereby agree to hold us
harmless from any liability that may result from the use of third-party links
that may appear on the Site.
INFRINGEMENT
We respect the intellectual
property rights of others, and strongly prohibit users from posting any content
on the Site that violates a person’s intellectual property rights. If you have
reason to believe that any work copyrighted by you has been reproduced,
embedded, or linked without any authorization on this Site, in a manner that
constitutes an infringement of your copyright under Indian law, please write to
us at connect@digitalempowerhub.com and provide us all
information in that regard, including those prescribed under applicable laws.
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms will be governed by
the laws of India, without regard to conflict of law principles. Further, the
courts at India shall have exclusive jurisdiction for all
matters arising out of or in connection with these Terms and you agree to
irrevocably submit to the exclusive jurisdiction of such courts.
The concerned parties shall
amicably resolve any and all disputes arising out of or in connection with
these Terms, failing which the disputes shall be settled in accordance with
provisions of the Arbitration and Conciliation Act, 1996. The parties will refer
the dispute to a sole arbitrator to be appointed by us. Any arbitral award
shall be final and binding on the parties. The seat and venue of the
arbitration shall be India. The language of arbitration shall be
English.
Nothing contained in this
paragraph shall preclude us from applying for and obtaining any injunctive,
prohibitory, equitable or other similar urgent or interim relief from a court
of law, if such judicial process is necessary to prevent serious and irreparable
injury.
TERMINATION
You may stop using the Site at
any time. If you wish to terminate your account, you may do so by writing to us
at .
We may, at any time, terminate
your right to access and use of the Site and if you breach any provision of the
Terms (or act in a manner that clearly shows you do not intend to, or are
unable to, comply with the Terms).
We may, at any time, terminate
your right to access and use of the Site if we are required to do so by
applicable law.
Upon termination, all licenses,
and any other rights and services provided by us shall cease immediately. Any
such termination may result in the forfeiture and destruction of information
associated with your account.
Upon termination, any and all
rights granted to the user will immediately be terminated, and the user shall
promptly discontinue all use of the Site.
Termination of these Terms, or
any license, or user's access to the Site shall be without prejudice to our
accrued rights.
All provisions of these Terms
which, by their nature should survive termination shall survive termination,
including, without limitation, the provisions governing any licenses you have
granted to us, ownership of intellectual property, warranty disclaimers,
indemnity, and limitation of liability.
MISCELLANEOUS PROVISIONS
Electronic Record: These
Terms constitute an electronic record within the meaning of applicable law and
do not require any physical or digital signatures.
Force Majeure: We
shall not be liable to the users or any other persons or be deemed to be in
breach of these Terms by reason of any delay or deficiency in performing, or
any failure to perform, any of its obligations in relation to the Site or other
obligations hereunder if the delay or deficiency or failure was due to Force
Majeure. For the purposes of these Terms, “Force Majeure” shall
mean any event beyond our reasonable control including, but not limited to any
act of God, act of Governmental Authorities, legislative changes, malicious
third party attacks on the Site, electrical power fluctuations or failures,
electrical or electromagnetic stress, environmental factors, failure of public
utilities, labour unrest, hostilities between nations, war, riot, civil
commotions, civil war, insurrection, blockades, import or export regulations or
embargoes, national emergency, rainstorms, earthquake, fires, flooding,
explosion or other exceptional weather conditions or natural disasters, acts of
terrorism, accidents, sabotages, strikes, shortages in material or supply,
destruction of service facilities, infectious diseases, epidemics, pandemics as
well as travel restrictions or travel warnings due to any such events or any
unforeseen change in circumstances.
SpecificRelief: You
acknowledge that your unauthorised use of the Site may result in irreparable
damage and injury to us and/or our licensors for which money damages would be
inadequate. Consequently, in the event of such unauthorised use, we, and our
licensors (as applicable) shall have the right, in addition to any other legal
remedies available, to seek an immediate injunction against you prohibiting any
further use of the Site.
Legal Actions: No
action, regardless of form, arising out of or relating to these Terms may be
brought by you after 6 (six) months after the cause of action has accrued,
except where this limitation cannot be imposed by law.
Waiver: Our failure
to require performance of any provision of these Terms shall not affect our
right to full performance thereof at any time thereafter, and any waiver by us
of a breach of any provision hereof shall not constitute a waiver of a similar
breach in the future or of any other breach. No waiver shall be effective
unless in writing and duly executed by us.
Entire Agreement: These
Terms including all related agreements and policies incorporated by reference
herein, constitute the entire agreement between you and us related to the
subject matter hereof.
Independent Rights: Each
of our rights of are independent, cumulative and without prejudice to all other
rights available to us under law, equity or otherwise, and the exercise or non-
exercise of any such rights shall not prejudice or constitute a waiver of any
other right by us, whether under these Terms or otherwise. Our rights with
respect to any matter conferred under any provision of these Terms shall be in
addition to any other rights conferred under any other provision of these
Terms, in law or in equity.
Severability: If any
provision of these Terms is held to be illegal, invalid, or unenforceable under
present or future laws such provision shall be fully severable. Thereafter,
these Terms shall be construed and enforced as if such illegal, invalid, or
unenforceable provision had never comprised a part of these Terms and the
remaining provisions of these Terms shall remain in full force and effect and
shall not be affected by the illegal, invalid, or unenforceable provision or by
its severance from these Terms. Furthermore, in lieu of each such illegal,
invalid, or unenforceable provision, we shall add as a part of these Terms, a
provision as similar in terms to such illegal, invalid, or unenforceable
provision as may be possible and be legal, valid and enforceable.
Evidence: Subject to
the applicable laws of evidence, you hereby agree not to object to admission of
these Terms as evidence in legal proceedings.
Proof: Any data in our
systems can be used as proof for things that relates to your use of our Site.
This data can be used in legal proceedings, in the same way as any written
document.
Assignment: These Terms
and agreement evidenced by it is personal to you and is not assignable or
transferable by you. We may assign, transfer or delegate any of our rights and
obligations hereunder to any person without your consent.
No Agency: No agency,
partnership, joint venture, or employment relationship is created as a result
of these Terms and neither party has any authority of any kind to bind the
other in any respect.
Notices: Any notices,
requests and other communications required or permitted hereunder to be
provided by the user to us shall be in writing, in English language, and shall
be given by hand against written acknowledgement or receipt, or sent by
registered mail, or by email followed by a confirmation of receipt. All notices
will be deemed to have been duly given when received by us. Unless otherwise
specified in these Terms, electronic notices should be sent to . We will
send our notices to the users by way of an email at the email address provided
by the users.
You may contact us at the
following address:India
Effective Date: August, 2024
Copyright 2024: Digital Empower
Hub. All rights reserved. No part of the Site may be copied, reproduced,
modified, or distributed in any form or manner without the prior written
permission of Digital Empower Hub.