Welcome to our mobile application and / or our website. These terms and conditions of use ("Terms of Use") of the DDS website and mobile app, is a legal agreement ("Agreement") between XYZ Pvt. Ltd., a partnership firm registered under the laws of India having its offices at Newtown,Kolkata —700156,West Bengal and yourself/yourselves. If you continue to hrowse the website and/or use the mobile application you are agreeing to comply with and be bound by the Terms of Use. If you do not agree with the Terms of Use, please do not access and use this Website / Application (as hereinafter defined) or our Service through all other means.
1. DEFINITIONS: "DDS", "we", "our" and "us" shall mean XYZ pvt ltd. "You", yourself / yourselves and "your" shall mean a User, who meets the eligibility criteria set out below; "Application" shall mean the application supplied by DDS and downloaded and installed by you on your single mobile device (smart phone); "Driver" or "Drivers" shall mean the driver engaged by you by using our Website/Application; "Force Majeure" shall have the meaning as set out in Clause VII; "Service" or "Services" shall mean the service of providing short-term private Driver solutions via the Application/Website as defined in Clause I; "User" or "Users" shall have the meaning as set out in Clause III; and "Website" shall mean the website www.DDS.com These Terms of Use may be modified from time to time in our sole discretion. It is your responsibility to review these Terms and Conditions from time to time. If you continue to use the Service after notice of change has been intimated or published on our Website/Application, you thereby provide your consent to the changed practices on the same terms hereof. For this reason, we encourage you to review these Terms of Use each time you access and use the Website/Application. Most content and some of the features on the Website/Application are made available to Users free of charge. However, DDS reserves the right to terminate access to certain areas or features of the Website/Application at any time for any reason, with or without notice. If you are not agreeable to these Terms of Use, you may not use the Services, the Website or the Application.
2. SERVICES DESCRIPTION: 1. XYZ Private Limited operates a technology based electronic platform service called ‘DDS’ which seeks to provide drivers-on-demand to customers who wish to obtain the services of a driver. 2. DDS enables the hiring of drivers by commutersl passengers for a point to point pick up and drop off Service, within city limits and outside city limits, through the Application in mobile telecommunications devices and through the Website. The Service is designed to offer you information and a means of obtaining short-term private driver solutions to coordinate point-to-point and round-trip private driver servicss, at user's request. As a User, you authorize the opted Driver to operate your vehicle and make decisions on your behalf during a period of time designated by you. 3. The.Drivers offering their services on,the DDS platform are individuals and independent service providers who have opted to enlist themselves with DDS. The drivers are screened and trained prior to being listed as a driver on the DDS platform. At no point can the driver represent himself to be an employee of XYZ Private Limited/DDS. The user terms and conditions in here expressly provide that tha drivers are independent service providers and are not employees of XYZ Private Limited/DDS. 4. Further, it is to be noted that DDS, in itself does not provide driving / transportation services. The customer offers the mode of transportation. The terms and conditions clearly state that the provision of services by the driver to the customer is, subject to the agreement entered into beMeen them and DDS shall under no circumstance be a party to such agreement. 5. To elaborate, the modus operandi is as follows: • a. ‘DDS’ aims at bringing drivers/operators (s= vice providers) and customers owning private cars on a common platform by which the said customers can place a request for the services of a professional driver for commute. b. The e-commerce platform brings the customer into contact with a driver so as to avail the latter's services, subject to the availability of drivers in or around the customer's location at the time of registering his request. c. The request by the customer could be for a point-to-point commute or a round trip is placed by the customer electronically over a mobile based app or through an online website operated by DDS or via phone service. d. Towards the end of the commute, the customers are charged for the services of the driver, which is intimated to them over the app or mail. The services may be paid for by the customers either: o in cash, directly to the driver or o through online payment options, to DDS e. Where the customer opts to pay for the drivers' services through any of the online modes available on the app, DDS remits the proceeds collected from the customers to the respective drivers. f. In return for the use of the DDS's electronic platform, the Drivers are charged a convenience fee by DDS. DDS remits any applicable tax to the credit of the respective Governments and regularly files periodic returns as prescribed under the GST laws.
3. USE OF SERVICE, APPLICATION AND WEBSITE: The Application and the Website allows you to send a request for Service to a Driver. The GPS receiver, which should be installed on the mobile device (smart phone) on which you have downloaded the Application or the Website, shall detect your location and shall send your location information to the relevant Driver. DDS has sole and complete discretion to accept or reject each request for providing the Service. DDS also has sole and complete discretion over whether to use the Application / Website to receive the leads generated through the Application / Website. If DDS accepts a request, the Application / Website notifies you and provides information regarding the Driver - including his name and the ability to contact the Driver by telephone or a message. The Application / Website also allow you to view the Driver's progress towards the pick-up point, in real time. DDS shall undertake commercially reasonable efforts to bring you into contact with a Driver in order to avail the Services, subject to the availability of Drivers in or around your location at the moment of your request for the Services. DDS itself does not provide transportation services. It is up to the User to offer transportation. DDS only acts as intermediary between the Driver and you. The provision of the Services by the Driver to you is, therefore, subject to the agreement (to be) entered into between the Driver and you. DDS shall under no circumstance be a party to such agreement. DDS disclaims any and all liability in respect of the Drivers including any claims of employment or any vicarious liability arising out of the Service or otherwise.
4. USER ELIGIBILITY AND AGREEMENT: User means any individual or business entity/organization that legally operates in India or in other countries, and uses and has the right to use the Services provided by DDS. Our Services are available only to those individuals or entities who can execute legally binding contracts under the applicable law. Therefore, a User must not be a minor as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use our Services. DDS advises its Users that while accessing the Website/Application, they must follow/abide by the applicable laws. DDS may, in its sole discretion, refuse the Service to anyone at any time. This Agreement applies to all Services offered on the WebsitelApplication, collectively with any additional terms and condition that may be applicable.
5. REGISTRATION: To use the Services, you have to be registered and provide your name, contact number, email address and other details. Please see our Privacy Policy and practices to know more about how your personal information would be used.
4. USER ELIGIBILITY AND AGREEMENT: User means any individual or business entity/organization that legally operates in India or in other countries, and uses and has the right to use the Services provided by DDS. Our Services are available only to those individuals or entities who can execute legally binding contracts under the applicable law. Therefore, a User must not be a minor as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use our Services. DDS advises its Users that while accessing the Website/Application, they must follow/abide by the applicable laws. DDS may, in its sole discretion, refuse the Service to anyone at any time. This Agreement applies to all Services offered on the WebsitelApplication, collectively with any additional terms and condition that may be applicable.
6. REPRESENTATIONS AND WARRANTIES: As a precondition to your use of the Services, you represent and warrant that: The information you provide to DDS is accurate and complete. DDS service is only available for private cars for non-commercial purposes within the city limits as designated on our Website. Private cars for non-commercial purposes bear license plates with black lettering over white colored background (Commercial vehicles have license plates with black lettering over yellow colored background). You will ensure that DDS service is being utilized only for non-commercial purposes in a private car. DDS is entitled, at all times, to verify the information that you have provided and to refuse the Service or use of the Application / Website without providing reasons. You will only access the Service using authorized means. You are responsible to check and ensure you download the correct Application for your device or the correct Website in your computer. DDS shall not be liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device or Website for the computer. DDS reserves the right to terminate the Service and the use of the Application/ Website should you use the Service or Application with an incompatible or unauthorized device. You have the legal right and authority to possess and operate the vehicle when engaging our Services and you confirm, represent and warrant that the said vehicle is in good operating condition and meets the industry safety standards and all applicable statutory requirements for a motor vehicle of its kind. You will be solely responsible for any and all liability which results from or is alleged as a result of the condition of your vehicle, legal compliance, etc., including, but not limited to, personal injuries, death and property damages. You will be solely responsible for the full functionality of your vehicle. If your vehicle fails to function (electrical, mechanical or other) in any way while the Services are being availed of by you, you will be responsible for all storage fees, roadside assistance, alternate transportation and repair of any kind and neither Humble Mobile/DDS nor the Driver shall be responsible in any manner whatsoever. You have the legal right to designate the Driver as your agent and delegate actual authority to the Driver to operate your vehicle and make decisions on your behalf for the purposes of providing Services offered through the DDS platform. You are named or scheduled on the insurance policy covering the vehicle you use when engaging our Services. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of your vehicle to cover any anticipated losses related to your participation in the Services or the operation of your vehicle by the Driver. In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements and for all necessary contacts with your insurance provider. Other than any personal criminal liability attaching to the Driver you will be solely responsible for all consequences arising out of the use of the Service or the Driver. In any event DDS shall have no responsibility or liability on this account whatsoever. You specifically authorize us to use, store or otherwise process your 'Sensitive personal data or information’ (as such term is defined in Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) in order to provide the Services to you. Subject to applicable law all information provided to us by you shall be deemed to be our information to use as we desire. You will obey all applicable laws related to the matters set forth herein and will be solely responsible for any violations of the same.
7. METER START AND CANCELLATION POLICY: DDS drivers will wait no more than 15 minutes from the requested trip start time, before they start the trip timer. You may cancel the booking within 30 minutes prior to the time of journey, without any cancellation charges for all Services. The customer is liable for Rs 100/- charge if the trip is cancelled thereafter.
8. PAYMENT When a trip ends, DDS driver ends the trip on the DDS Partner app on his mobile device. It then calculates the total fare amount due from You and it appears on the DDS app on your mobile device. You may pay the amount via cash or a variety of online payment options available on the app including payment via the DDS Wallet where You may have already pre-loaded funds. The usage of the DDS Wallet shall be subject to the terms and conditions of the third party payment processor providing the mobile payment service on the App. Any payment rele!=d issue, except when such issue is due to an error or fault in the Site or Application, shall be resolved between You and the payment processor. DDS shall not be responsible for any unauthorized use of Your DDS Wallet.
9. LIMITATION OF LIABILITY: The information, recommendations and/or Services provided to you on or through the Website/Application are for general information purposes only and do not constitute advice. DDS will take reasonable steps to keep the Website/Application and its contents correct and up to date but does not guarantee that the contents of the Website/Application are free of errors, defects, malware and viruses or that the Website/Application are correct, up to date and accurate. DDS shall not be liable for any damages resulting from the use of, or inability to use, the Website/Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the information on the Website/Application. DDS shall further not be liable for damages resulting from the use of, or the inability to use, electronic means of communication with the Website/Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, DDS's aggregate liability shall in no event exceed the equivalent of the amount for the payment of the Services. The quality of the Services requested through the use of the Application is entirely the responsibility of the Driver who ultimately provides such transportation services to you. DDS under no circumstance accepts liability in connection with and/or arising from the Services provided by the Driver or any acts, actions, behaviour, conduct, and/or negligence on the part of the Driver. We shall not be held liable for any failure or delay in performing Services where such failure arises as a result of any act or omission, which is outside our reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties ( “Force Majeure" ). If we have contracted to provide identical or similar Service to more than one User and are prevented from fully meeting our obligations to you by reason of an event of Force Majeure, we may decide at our absolute discretion which booking we will fulfill by providing the Service, and to what extent. We haye taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we shall not be held liable in the unlikely event of a breach in our secure computer servers or those of third parties other than as required under applicable law. In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or suspect an instance of fraud, we may cause the User to be blocked immediately and reserve the right to refuse future Service. Additionally, should there exist an abuse of vouchers or discount codes, DDS reserves the right to seek compensation from any and all such Users. DDS does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the “Content") contained on, distributed through, or linl‹ed, downloaded or accessed from or contained on the Website/Application, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service. Offers are subject to DDS's discretion and may be withdrawn at any time and without notice.
10. INTELLECTUAL PROPERTY RIGHTS: DDS is the sole owner or lawful licensee of all the rights to the Website/Application and its content. Website/Application content means its design, layout, text, images, graphics, sound, video etc. The WebsitelApplication content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website/Application and its content shall remain with DDS. All rights, not otherwise claimed under this Agreement or in the Website /Application, are hereby reserved. The information contained in this Website/Application is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. You may access the Website/Application, avail of the features, facilities and Services for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website/Application Content, features or facilities, directly or indirectly, without our prior written permission of DDS. Copyright All content on this Website/Application is the copyright of DDS except the third party content and link to third party website on our Website/Application, if any. Systematic retrieval of DDS content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from DDS is prohibited. In addition, use of the content for any purpose not expressly permitted in this Terms of Use is prohibited and may invite legal action. As a condition of your access to and use of Services, you agree that you will not use the Website/Application to infringe the intellectual property rights of others in any way. DDS reserves the right to terminate the account of a User upon any infringement of the rights of others in conjunction with use of the Service, or if DDS believes that User's conduct is harmful to the interests of DDS, its affiliates, or other Users, or for any other reason in DDS's sole discretion, with or without cause.
11. USER ACCOUNTS, OFFERS AND PROMOTIONS: DDS reserves the right to collect User data including name, contact information and other details to facilitate Services or use of its platform to avail Services. All information collected from the User are on a bona fide basis. Misuse and misrepresentation of identity or contact details will lead to automatic termination of Services or the use of the platform, without prior notice to such Users. User accounts bearing contact number and email lDs are created and owned by DDS. Any promotional discounts and offers accumulated can be revoked without prior notice in the event of suspicious account activity or mala fide intent of the User. In the case where the system is unable to establish unique identity of a User against a valid mobile number or e-mail IO, the account shall be indefinitely suspended. DDS reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever. For any other queries on DDS and its services, please write in to us at care@DDS.in
12. LINKS TO THIRD PARTY SITES: Links to third party sites are provided by the Application / Website as a convenience to Users and DDS does not have any control over such sites i.e., content and resources provided by them. DDS may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's website. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. The Users acknowledge that DDS has no control over such third party's site, does not monitor such sites, and DDS shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
13. TERMINATION: DDS reserves the right to deny access to particular Users to any/all of its Services without any prior notice/explanation in order to protect the interests of DDS and/or other Users to the Website/Application. DDS reserves the right to limit, deny or create different access to the Website/Application and its features with respect to different Users. We reserve the right to terminate your account or your access to the Website/Application immediately, with or without notice to you, and without liability: (i) if you have violated any of the Terms of Use; (ii) if you have furnished us with false or misleading information; (iii) pursuant to requests by law enforcement or other government agencies; (iv) in case of unexpected technical or security issues or problems; (v) in case of discontinuance or material modification to the Services (or any part thereof}; and I or (vi) in case of interference with use of our Website/Application by others. In the event of termination by you or us, your account will be disabled and you will not be granted access to your account or any information or content contained in your account. You will not and not attempt to create another account for accessing and using the Website/Application without the wriken consent of DDS. This Terms of Use shall remain in full force and effect while you have an account with us. Even after termination of your account with us, certain provisions of this Terms of Use will remain in effect, including but not limited to, Intellectual Property Rights, Prohibited Uses and Indemnification. You agree that we will not be liable to you or any third party for taking any of these actions. Notwithstanding the termination of this Agreement, you shall continue to be bound by the terms of this Agreement in respect of your prior use of this Website/Application and all matters connected with, relating to or arising from such use.
14. TERMS & CONDITIONS FOR USE OF SERVICES: The following terms & conditions shall apply to Users utilising the Services offered by DDS: The User shall pay the driver fare (as displayed in the DDS App) or as agreed to in the terms of use as listed on the Application / Website, parking charges, additional night surcharge (where applicable), one way trips, toll charges and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services. The User agrees and accepts that the use of the Services provided by DDS is at the sole risk of the User, and further acknowledges that DDS disclaims all representations and warranties of any kind, whether express or implied. All Services are provided "AS IS". The DDS or the Driver has the right to refuse the Service in the following circumstances: if the User is found to be in an intoxicated state or is found misbehaving with other passengers or the Driver, or is causing a nuisance; if the User is misusing, soiling or damaging any of the devices (technical/non-technical) of the Driver; and if the User asks the Driver to break any traffic/RTO/city police and/or government rules for any purpose The Driver has the right to refuse such a request by the User. Without prejudice to the above, DDS makes no representation or warranty that: the Services will meet the User's requirements; and the Services will be uninterrupted, timely, secure, or erro.r-free. The information on this Website/Application is provided "AS IS" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Users. In no event shall DDS be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. Users of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk. If any User misses his/her train or flight or bus, DDS will not be liable for any compensation. DDS is hereby authorized to use the location-based information provided by any of the telecommunication companies when the User uses the mobile phone to make a booking. The location-based information will be used only to facilitate and improve the probability of locating a Driver for the User. DDS shall be entitled to disclose to any government body the particulars of the User in the possession, in its absolute discretion. DDS shall be entitled at any time without giving any reason to terminate the booking of Drivers done by the User. If the User has any complaints in respect of the Services or the use of the Driver, the User has to inform DDS of the same in writing within 24 hours of using the Driver or the Services. DDS shall not be liable for any conduct of the Drivers. However, DDS encourages you to notify it of any complaints that you may have against any Driver or the Services.
15. DAMAGE TO PROPERTY: We are not responsible for,any accident, damage or loss of any personal belongings or intellectual property whilst providing the Services. These include tapes, records, discs or other similar audio visual or data electronic devices, any speed measuring equipment within the vehicle or any other accessories of any kind. It is your responsibility to ensure that you remove any personal belongings from the car before and after each DDS service arranged through DDS.
16. INDEMNITY: The User shall defend, indemnify and hold, DDS, its affiliates, its licensors, and each of their officers, directors, other users, employees, akorneys and agents, harmless, from and against any and all daims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with the: violation or breach of the Terms of Use or any applicable law or regulation, whether or not referenced herein; violation of any rights of any third party, including the Driver via the Application and or the Website; and use or misuse of the Application/Website or Service.
17. MISCELLANEOUS The information contained in this Website/Application is for general information purposes only. The information is provided by DDS and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website/Application or the information, products, services, or related graphics contained on the Website/Application for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk. In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website/Application or Service. Every effort is made to keep the Website/Application up and running smoothly. However, DDS takes no responsibility for, and will not be liable for, the Website/Application being unavailable due to technical issues beyond our control. The above mentioned Terms of Use and the Privacy Policy constitute the entire agreement between the User and DDS with respect to access to and use of the Website/ Application and the Services offered by DDS, superseding any prior written or oral agreements in relation to the same subject matter herein.
18. JURISDICTION: The courts of Bengaluru, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by DDS or the Terms of Use or any arrangement between DDS and the User. Use of Site 1. You agree, undertake and confirm that Your use of Site shall be strictly governed by the following binding principles: 2. You shall not host, display, upload, modify, publish, transmit, update or share any information that: 3. belongs to another person and to which You do not have any right to; or interferes with another user's use and enjoyment of the Site or any other individual's user and enjoyment of similar services; or 4. that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person; or 5. misleading in any way; or 6. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or 7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or 8. infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or 9. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or 10. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or 11. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or 12.contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his/ her guardian in the case of minor; or 13.tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or 14. engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout these T&Cs, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization; or 15. interferes with another user's use and enjoyment of the Site or any other individual's user and enjoyment of similar services; or 16. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Site, contains content that would be prohibited or violates the letter or spirit of these T&Cs; or 17. harm minors in any way; or 18. is fraudulent or involve the sale of counterfeit or stolen items; or 19. violates any law for the time being in force; or 20. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or 21.impersonate another person; or 22.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site; or 23.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 cognizable offence or prevents investigation of any offence or is insulting to any other nation; or 24.is false, inaccurate or misleading; or directly or indirectly, 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; or 25.creates liability for Us or cause Us to lose (in whole or in part) the services of Our ISPs or other suppliers. 26.You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity. 27.You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of DDS, including any of Our account not owned by You, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. 28.You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Our systems or networks, or any systems or networks connected to the Site. 29. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Site or any service offered on or through the Site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity. 30. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these T&Cs, or to solicit the performance of any illegal activity or other activity that infringes the rights of DDS or others. 31. You shall not use the Services or Site in any manner that could damage, disable, overburden, block or impair any of the server connected to the Site. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. 32. You may not reverse engineer, decompile and disassemble any software used to provide the Services. 33.You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of DDS or its merchants on platform or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us. 34.You have the option to request Us to send You information regarding services, discounts and promotions provided by Us. If you require Us to provide You information from Us regarding offers, discounts and promotions relating to the Services availed by You, click "Yes", otherwise click "No". If you click "Yes", We or an authorised representative, shall provide the above information to You by way of an SMS or email to Your registered mobile number/registered email id. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided in Our Site to discontinue the same. Solely to enable Us to use the information so that We are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your Information in accordance with these T&Cs and Our Privacy Policy. 35.You shall not engage in advertising to, or solicitation of, other users of the Site to buy or sell any products or services, including, but.not limited to, services related being displayed on or related to the Site. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Site. It shall be a violation of these T&Cs to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Site without Our prior explicit consent. In order to protect Our users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which We may deem appropriate in Our sole discretion. 36. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. 37.We reserve the right, but have no obligation, to monitor the materials posted on the Site. We shall have the right to remove. or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these T&Cs. Notwithstanding this right of DDS, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Our views. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Site. You hereby represent and warrant that You have all necessary rights in and to all Content You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. 38. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Site, including payment and delivery of related goDDS or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Site. 39. It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Site and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to your use of the Site, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by using the Site. You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on the Site. Please carefully select the type of information that You publicly disclose or share with others on the Site, or from the Site on other social platforms (eg, but not limited to Facebook). 40.We shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DDS/DDDS (Distributed Denial of Services). 41. DDS's performance of this T&Cs is subject to existing laws and legal processes of Government of India, and nothing contained in the T&C is in derogation of DDS's right to comply with law enforcement requests or requirements relating to your use of this service or information provided to or gathered by DDS with respect to such use. You agree that DDS may provide details of your use of the service to regulators or police or to any other third party, or in order to resolve disputes or complaints which relate to the service, at DDS's complete discretion. 42. This agreement constitutes the entire agreement between the Customer and DDS with respect to the DDS Wallet payment service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and DDS with respect to this service. A printed version of the T&C and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the T&C to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 43.Each user may be issued a personal identification number (PIN) to enable use of DDS services for accessing his/her Account on Internet and also for availing any privilege, benefit or service that may be offered by DDS or to make transactions using SMS. The PIN will be communicated to the Cardholder entirely at his/her risk, who shall not disclose the PIN to any person and shall take all possible care to avoid its discovery by any person. The user shall be liable for all transactions made . with the use of the PIN, whether with or without the knowledge of the Cardholder. DDS reserves the right to refuse any transactions if it believes that the PIN is being misused or being used without appropriate authorization. 2.8 Contents Posted on Site 1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer dode (collectively, "Content“), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. 2. Except as expressly provided in these T&Cs, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent. 3. You may use information on Our services purposely made available by Us for downloading from the Site, provided that You: 4. do not remove any proprietary notice language in all copies of such documents; or 5. use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or 6. make no modifications to any such information; or do not make any additional representations or warranties relating to such documents. 7. You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (”Posted Content”). Such Posted Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Posted Content. We shall be entitled to, use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by Us in the manner that We deem fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by Us. Indemnity and Limitation of Liability. • You will defend, indemnify and hold harmless DDS and each of their affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: to the use or misuse of Services or any violation of these T&Cs. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity. • DDS shall not be liable or responsible to you for any loss, damage, expense, claim or liability arising directly or indirectly out of any defect or deficiency in any goDDS and services purchased by you or availed as a benefit, privilege or facility attached to the service; refusal by or inability of a Merchant Establishment to honour or accept the service; handing over of the relevant access control/password/PIN by you to any unauthorised person; any injury to the credit, character and reputation of yours alleged to have been caused by the repossession of the service and/or request for its return. • All the services to be availed of and /or the goDDS to be purchased /procured by the Customer from the third parties under the agreement herein, will be so purchased/procured by the Customer at his own risk and costs. The Service Provider shall not be liable and/or responsible in respect of the title, quantity, quality or any other aspect thereof and no guarantee, warranty or any indemnity shall be given or deemed to be given by the Service Provider in respect thereof. 2.26 Force Majeure We shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Party, including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government. Copyright complaint We respect the intellectual property of others. In case You feel that your work has been copied in a way that constitutes copyright infringement, You can write to Us at care@DDS.in 2.27 Waiver Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred. 2.28 Revision of T&Cs. • We reserve the right to change any. of the T&Cs or any policies or guidelines governing the Site or Services, at any time and at Our sole discretion. Any changes will be effective upon posting of the revisions on the Site and We may send You an automated e-mail to Your registered e-mail ID or SMS informing about the changes made and You would be required to view the modified changes on the internet. By keeping or using the service after notification, You are deemed to have agreed to the amendment/change. If You do not agree with any amendment of the terms and conditions You may cancel the service by informing in writing to DDS or closing your account on the internet or by SMS. • Unless otherwise specified by Us, revised T&Cs will take effect automatically and be binding from the day they are posted on the Site. By continuing to access or use Services, You will be deemed to have agreed to accept and be bound by such revised T&Cs. If You do not agree to the revised T&Cs, You should discontinue accessing Our Site or using Our Services immediately. • We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these T&Cs, at any time without any prior written notice to You. It is Your responsibility to review these T&Cs periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these T&Cs, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. 2.29 Customer grievance redressal policy • If You are not satisfied with the quality of Service(s) offered or have any other complaints or grievance, please contact Our customer care at care@DDS.in • The procedure of escalation of complaints shall be as follows: • Escalation Level — 1: Write to care@DDS.com • Response Time: Seven Business Days • Escalation Level — 2: Write to Grievance Officer To, Attn: Grievance Officer, XYZ Pvt. Ltd. Address: Newtown,KoIkata-700150 E-mail: care@DDS.com Response Time: Fifteen Business Days 2.30 Severability. If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect. 2.31 Governing law and dispute resolution. • Any dispute, controversy or claim arising out of or relating to this T&Cs or the validity, interpretation, breach or termination thereof ("Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation. If the Dispute is not settled amicably as aforesaid within a period of [14] (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the Customer. • The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Mumbai. • This T&Cs shall be governed by and construed in accordance with the laws of India and, subject to this Clause 30, We and You agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent court in Mumbai, India only. 2.32 Miscellaneous • Any costs incurred by DDS towards enforcement of its rights and recovery shall be debited to your account. • Where DDS acts on good faith in response to any oral or electronic instruction or inquiry from you in respect of any matter in relation to your account, you will not be entitled to claim or allege any loss, damage, liability, expense etc., attributable, directly or indirectly, to any such good faith action of DDS and you agree to hold DDS harmless in respect thereof. • If required by law to do so or if considered necessary to do so for proper management of credit or business risk, DDS reserves the right to disclose any and all Cardholder information, including default in any payments or misuse of the service, to any court of competent jurisdiction, quasi judicial authority, law enforcement agency, relevant wing of the Central Government or State Government, your employer, credit reference agency, financial institution or any company which is an affiliate or associate or parent or subsidiary of DDS 31.4 You hereby agree that the application and copies of all documents submitted in support thereof and for the ongoing operation of the DDS Account by you to DDS are and shall remain the sole and exclusive property of DDS, and DDS shall not be obliged to return the same to you upon your request or upon termination of this Agreement. • You agree to comply with all applicable laws and regulations from time to time which govern or may be affected by the use of the service. • DDS, our parent, subsidiaries, employees and our suppliers provide our services "as is” and without any warranty or condition, express, implied or statutory. DDS, our parent, subsidiaries, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. • In no event shall DDS, our parent, subsidiaries, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our web site, our service, or the T&C (however arising, including negligence). DDS shall maké reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner and but DDS makes no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependent upon many factors outside of our control. • You are aware of all security risks, including possible third party interception of any of your transactions and statements of account on the Internet and the contents of your transactions or statements of account becoming known to third parties. You agree and undertake that you shall not hold DDS liable therefore in any way. The use and storage of any information, including without limitation, the Card number, PIN, password, account information, transaction activity, account balances and any other information available on your Internet access device or computer or mobile phone is at your own risk and responsibility. 31.9 As your account ID is connected to your mobile number, it is your responsibility to inform DDS in case you terminate using the mobile number that corresponds to your account ID. The account ID corresponding to the mobile number you register with can be accessed by you only till the time you have access to the corresponding mobile number. It is your responsibility to transfer your account ID to a new mobile number if and when you change your number. Not doing so may give access to your DDS Wallet credit balance to the new user of the same mobile number, and DDS will not be liable or responsible for the same. You are also liable for ensuring the security of your PIN. In case of loss of your mobile phone and/or DDS Password/PIN, you should intimate DDS in writing immediately. DDS shall make every attempt to block access to your DDS account under such circumstances, however, DDS shall not be liable for any losses a user may incur due to the above. The responsibility to safeguard the DDS coupon balance rests entirely with the user. • By signing up for DDS services, you also allow DDS to send you emails and SMS alerts from time to time. • DDS will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous
