Description of Services
In the Site, DymajeCare provides users with access to information primarily about Business Support Services for Appliances and Gadgets including, but not restricted to, Warranties and related services (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fee (such as, but not limited to, Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. By making use of this site, and furnishing your personal / contact details, you hereby agree that you are interested in availing and purchasing the services that you have selected. You hereby agree that DymajeCare may contact you either electronically or through phone, to understand your interest in the selected products and services and to fulfill your demand. You also agree that DymajeCare reserves the right to make your details available to its affiliates and partners and you may be contacted by the affiliates and partners for information and for sales through email, telephone and/or sms. You agree to receive promotional materials and/or special offers from DymajeCare through email or sms.
License and Site Access
DymajeCare grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in DymajeCare’s sole discretion) an unreasonable or disproportionately large load on DymajeCare’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by DymajeCare to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by DymajeCare. By using the Site you agree not to: (i) use this Site or its contents for any commercial purpose; (ii) make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand; (iii) access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Site (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or (vii) “frame”, “mirror” or otherwise incorporate any part of this Site into any other website without our prior written authorization.
The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by DymajeCare for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their accounts to another party. If you do not qualify, you may not use the Service or the Site.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
DymajeCare does not claim ownership of any materials you make available through the Site. At DymajeCare’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant DymajeCare a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If you do not agree to these terms and conditions, please do not provide us with any submitted content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site.
Disclaimer of Liability and Warranty
Visitors to this website/portal and every third party are hereby informed that whilst the owners of this website/portal, viz DymajeCare . (“DymajeCare”), take care to ensure the accuracy of the Content, to the extent permitted by law, DymajeCare assumes no legal liability for and does not warrant that the information contained on this web site is accurate or complete, or that these web pages will be free from errors or that its availability will be uninterrupted and DymajeCare hereby expressly disclaims and excludes all express and implied warranties terms or conditions not stated herein, so far as such exclusion or disclaimer is permitted under the applicable law. DymajeCare excludes all liability to any person for any loss or damage caused by any errors or omissions, whether such errors or omissions result from negligence, accident or any other cause but this disclaimer is without prejudice to any claims for fraudulent misrepresentation, personal injuries or death. You expressly agree that your use of, or inability to use, the service is at your sole risk. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. Prices for our products are subject to change without notice. In no case shall DymajeCare, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of or in any way connected with, your access to, display of or use of this site or with the delay or inability to access, display or use this site (including, but not limited to, your reliance upon opinions appearing on this site; any computer viruses, information, software, linked sites, products, and services obtained through this site); and even if DymajeCare and/or its affiliates their respective service providers have been advised of the possibility of such damages. DymajeCare and its affiliates have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority.
Disclaimer of Online Availability, Impressions, And Click-Throughs
In addition to the other disclaimers and limitations discussed in this notice, there are no guarantees and no warranties regarding online availability, impressions, and click-through of www.dymaje.com, its web pages, and any material, information, links, or content presented on the web pages at www.dymaje.com., its web pages, and any material, information, links, or content presented on the web pages at www.dymaje.com, may be unavailable for online access at anytime. Advertising sponsors and advertising, if any and if permitted, must be approved by DymajeCare before the posting of any advertising material, information, links, content, banners, and graphics on www.dymaje.com. DymajeCare reserves the right to accept or to reject any advertising sponsor or any advertising for any reason
Nothing on any DymajeCare website shall be construed as conferring any license under any of DymajeCare’s or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise.
DymajeCare controls and operates this Website from its headquarters in Pune, India and makes no representation that the materials on the website are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities located in India and comply with the laws prevailing for the time being in force in India. Disputes if any shall be subject to the exclusive jurisdiction of Courts at Pune.
Limitation of Liability
You expressly understand and agree that DymajeCare and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DymajeCare has been advised of the possibility of such damages), resulting from use of the site, content or any related services. If, despite the limitation above, DymajeCare or its Affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of DymajeCare and/or Its Affiliates will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to DymajeCare in connection with such transaction(s) on this Site, or (b) Rupees One Hundred only (INR 100). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of DymajeCare, Its affiliates, and/or their respective service providers.
You agree to indemnify and hold DymajeCare (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this ToU, your violation of any law or the rights of a third party, or your use of the Site.
When you use the Site or send emails to DymajeCare, you are communicating with DymajeCare electronically. You consent to receive communications from DymajeCare electronically. DymajeCare may communicate with you by email or by posting notices on the Site or by phone or usually available means of communication. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Site-Provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. DymajeCare is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, DymajeCare may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree that you shall not to use any functionality provided by the Site to post content or initiate communications that contain: (i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; (ii) Advertisements or solicitations of any kind; (iii) Impersonate others or provide any kind of false information; (iv) Personal information such as messages which state phone numbers, account numbers, addresses, or employer references.; (v) Messages by non-spokesperson employees of DymajeCare purporting to speak on behalf of DymajeCare or containing confidential information or expressing opinions concerning DymajeCare; (vi) Messages that offer unauthorized downloads of any copyrighted or private information; (vii) Multiple messages placed within individual folders by the same user restating the same point; (viii) Chain letters of any kind; or (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using DymajeCare to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using DymajeCare to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
The Site or third parties may provide links to other World Wide Web sites or resources. Because DymajeCare has no control over such sites and resources, you acknowledge and agree that DymajeCare is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DymajeCare 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
Access To Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Modification and Notification of Changes
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of DymajeCare and other associated parties and service providers. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of DymajeCare or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
Survival of Terms After Agreement Ends
Notwithstanding any other provisions of this ToU, or any general legal principles to the contrary, any provision of this ToU that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this parties.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This ToU and the relationship between you and DymajeCare will be governed by the laws of India without regard to its conflict of law provisions. You and DymajeCare agree to submit to the personal jurisdiction of the courts located in Pune with respect to any legal proceedings that may arise in connection with this ToU. The choice of DymajeCare to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. DymajeCare does not guarantee it will take action against all breaches of this ToU. Except as otherwise expressly provided in this ToU, there shall be no third-party beneficiaries to this ToU. This ToU constitutes the entire agreement between you and DymajeCare and governs your use of the Site, superseding any prior agreements between you and DymajeCare with respect to the Site.