Terms & Conditions of Fastest File sharing app

Digiboxx – Terms Of Service



Last Updated on: January 2024
This Terms of Service (“Terms of Service”) is entered into by and between DigiBoxx Technologies and Digital India Private Limited (CIN: U72900MH2020PTC349744), a company incorporated under the Companies Act, 1956 and having its registered office at First Floor, Queens Mansion, Prescot Road, Fort, Mumbai, Maharashtra – 400001, India (“Company”) and “User” (as defined below), and is made effective as of the date of User’s use of the Portal (as defined below) or the date of electronic acceptance, whichever is earlier. This Terms of Service sets forth the terms and conditions of User’s use of the Portal and Services (as defined below), purchased or accessed through the Portal and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
For the purpose of this Terms of Service, wherever the context so requires, the term:
  • “Applicable Law” shall include all laws, statutes, ordinances, bills, regulations, guidelines, policies and other pronouncements having the effect of law of all or any applicable jurisdictions by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board or such other body which has the force of law in all or any applicable jurisdiction, including but not limited to the General Data Protection Regulations (“GDPR”), Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020, wherever applicable. In addition, Users shall also be governed by the applicable laws of User’s country of residence.
  • “Content” shall include, without limitation, data, text, written posts, comments, software, scripts, interactive features generated, graphics, images, photos, documents, audio, video, location data, nearby places and all other forms of information or data.
  • “DigiBoxx Account” shall mean the account created by the User by providing the Company User Account Information as defined under Clause 1.8.
  • “Grievance Officer” shall have the meaning as ascribed to it under Clause 21.
  • “Person” shall mean and be deemed to include any individual, firm, company or other corporate body, government authority, joint venture, association, partnership or other entity (whether or not having separate legal personality).
  • “Portal” shall mean, jointly, an internet portal by the name of “DigiBoxx” and its sub domains located at URL – https://digiboxx.com/ (“Website”) and a computer program designed to run on smartphones and tablets i.e. a mobile application available for android operating system located at Google Play Store and for iOS operating system located at App Store (“Apps”).
  • “Services” shall mean the services as detailed under Clause 3 of this Terms of Service.
  • “Third Party Policies” shall mean this Terms of Service (as amended, modified or restated from time to time) read with policies of TSPs (as defined below), including but not limited to the Third Party Policies as enumerated under Clause 14 of this Terms of Service.
  • “Third Party Software” shall mean any software or application developed and owned by a TSP that the Company may contract with, from time to time.
  • “TSPs” shall mean, third party service providers, as applicable, whose services are used in addition to or in conjunction with the Services of the Company.
  • “User” shall mean either:
    1. an individual user being a natural person; or
    2. a small business user; or
    3. a business/ enterprise user,
    who accepts this Terms of Service and who seeks to avail the Services of the Company by purchasing vital components like storage subscription plans and has provided Account Information (as defined below) on the Portal. Nothing in this Terms of Service shall be deemed to confer any third-party rights or benefits.
  • “User’s Content” shall mean any Content that the User saves, submits, posts, displays, uploads, shares, transmits, through or in their DigiBoxx Account, including but not limited to images, photos, documents and any other Content.
  1. Acceptance and Registration
    1. Pre-Registration on the Portal – These Terms of Service will apply to the User for accessing and browsing of the Portal.
    2. Post Registration on the Portal – Registering, transacting or otherwise using the Portal and availing the Services, indicates the User’s agreement and acceptance to all the terms and conditions under this Terms of Service. By impliedly or expressly accepting this Terms of Service, the User also accepts and agrees to be bound by:
      1. all of the Company’s policies (including but not limited to the payment terms and “Privacy Policy”, as amended from time to time); and
      2. any subscription plan limits, product disclaimers or other restrictions presented to User on the Services page of the Company’s Portal, specifically including those in relation to the server hosting services provided by the Company.
    3. By mere use of the Portal, the User shall be contracting with the Company and this Terms of Service including the Third Party Policies, as applicable, constitute the User’s binding obligations with the Company.
    4. By using the Portal or availing the Company’s services, User agrees that the Company may use and share User’s Personal Information (as defined below) in accordance with the terms of the Company’s Privacy Policy.
    5. This Terms of Service shall be binding upon and inure to the benefit of the User.
    6. The Services are made available to the Users through the Portal, subject to the User providing the Company User Account Information and registered/ created an account (“DigiBoxx Account”) and having made the necessary payment towards the Services as per the subscription plans as detailed under Clause 5.3. Users are requested to note that, the User’s account is linked to the email ID provided by them at the time of registration. It is hereby clarified that, 1 (one) registered email ID can be linked with 1 (one) account only. The user is allowed to be a part of multiple SMB or Enterprise digiboxx accounts. Users are not allowed to re-addition/re-create the account with the same email in case User deactivates their accounts. There are 3 (three) different types of account that are available on the Portal i.e., Individual Account, Small Businesses (“SMB”) Account and Enterprise/ Business Account (“Accounts”). The detailed description of the Accounts is available at https://digiboxx.com/pricing-and-features.
    7. User shall at the time of registration provide the following information on the Portal:
      1. User’s full name;
      2. User’s email address;
      3. Ten-digit mobile number;
    8. All or any information stated under Clause 1.7 to be entered into the Portal by the User, towards creation/ registration of User’s DigiBoxx Account, shall collectively be referred to as “Account Information”. The DigiBoxx Account shall only be created upon the User providing all the Account Information as may be required using any device. At present, the Company is verifying the email ID via the signup link method and the mobile number with the 2FA (Two Factor Authentication) process provided by the User on the Portal at the time of registration. Hence, the Users are required to review these Terms of Service periodically for such updates or changes.
    9. User will be responsible for maintaining the confidentiality of the Account Information and shall be fully responsible for all activities that occur under its DigiBoxx Account. The User agrees to (i) immediately notify the Company of any unauthorised use of its Account Information or any other breach of security, and (ii) ensure that the User exits/logs out from its DigiBoxx Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from the User's failure to comply with this Sub-Clause 1.9.
    10. User shall ensure that the Account Information provided by it at the time of creation of the DigiBoxx Account is complete, accurate and up-to-date. Use of another User’s Account Information for accessing the other User’s DigiBoxx Account is expressly prohibited.
    11. User can update or correct their Account Information (only Full Name, Mobile Number, Address, City, Pincode, State. Email Address and Country cannot be changed once it has been submitted in the initial signup form ) in the “Settings” window/ option in their DigiBoxx Account. The user can correct fields such as By accessing and using the Services, User also agrees that User will update and ensure that the Account Information is current, accurate and true. The Company may, at the Company’s sole discretion, suspend or terminate User’s access to its DigiBoxx Account, along with any other remedies available to the Company, if the User fails to update or correct the particulars of the User’s Account Information, to ensure that it is relevant, accurate and truthful.
    12. Solely to enable the Company to use the Account Information supplied to it by the User and to ensure that the Company is not in violation of any rights the User may have in the Account Information, the User agrees to grant the Company a right to collect, process and store the Account Information. The Company will only use Account Information in accordance with this Terms of Service and Privacy Policy applicable to use of the Portal.
    13. These Terms will apply to the User for accessing and using of the Website. By impliedly or expressly accepting these Terms, the User also accepts and agrees to be bound by all Company’s policies (including but not limited to Privacy Policy available on as amended from time to time) and any usage limits, product disclaimers or other restrictions presented to User on the Website.
      Further to the above the user also gives consent sending / receiving updates in matters regarding DigiBoxx in general & the user’s specific account be it updates in product versions or payment and or other commercial terms through all available channel not limited to but including all available channels including the ones mentioned below.
      1. Email
      2. SMS
      3. WhatsApp
      4. In-App Notifications(All Apps like Android, IOS and Desktop)
      5. App Notifications (All Platforms again)
      6. Web Push Notifications
      7. Chargebee Notifications for Payments
      8. Phone Calls to the customers
      9. Any other which can come across in later stage
  2. Eligibility
    1. Use of the Portal is available only to competent individuals or natural persons. By using the Portal, the User represents that the User has either reached the age of “majority” as per the Applicable Laws of the jurisdiction where the User resides, or, is not under the age of 13 (thirteen) years and further has a valid consent/ guidance/ supervision of a parent or legal guardian to be bound by these Terms of Service. The parent or legal guardian of a “minor” who uses the Portal, accepts and agrees to be bound by these Terms of Service and the said parent or the legal guardian shall be responsible for supervising the minor’s use of the Portal. The Company reserves the right to refuse to provide a User with access to the Portal if it is brought to the Company’s notice or if it is discovered that a User is not eligible to use the Portal.
  3. Description of DigiBoxx and its Services
    1. DigiBoxx is a digital asset management platform, which allows a User to store, organise, access, collaborate and distribute digital content such as files, photographs, documents, images, videos, audio files, and other rich media. Digiboxx enhances the User Content stored by the User by providing intuitive file storing, easy access, intelligent search, access to analytics and an easy management to Users who have access to various files. The Portal enables the User to create a private and virtual space through their DigiBoxx Account on the internet, subject to the terms of User’s subscription plan.
    2. During the registration process, User may choose from the various subscription plans (i.e. monthly or yearly) towards the different storage space offered by the Company for individual, small business accounts and enterprise user account or any other such demarcation that the Company may come up with. Subscription plans can be accessed at https://digiboxx.com/pricing-and-features.
    3. Privacy protection: Privacy of the User Content is of utmost importance for the Company. Hence the Company provides privacy protection service as a default service to the User. Further, the privacy protection provided by the Company is subject to and governed by the terms of the Company’s Privacy Policy available at https://digiboxx.com/privacy-policy.
    4. In the event that the User wishes to access their DigiBoxx Account on their mobile/ tablets, they may login through the Apps and/or any web browser to access their DigiBoxx Account.
    5. Beta Services:
      The current version of the Portal is likely to undergo changes as the Company is continually working on improving the same to enhance the User experience. User agrees that at this stage the Company shall not be bound by any statements of a general nature, which may be posted on the Company's Website or contained in the Company's promotional materials. On the main page of the Portal or on relevant features you may notice the term “Beta” appended. This will indicate to the User that the relevant feature or version of the Portal is still being reviewed for modification/ upgradation/ fine tuning of the relevant feature or version of the Portal. From time to time, the Company may offer limited preview services or new features to existing Services (“New Services”) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If User elects to use any Beta Services, then User’s use of the Beta Services is subject to the following:
      1. User acknowledges and agrees that the Beta Services are pre-release versions and may not work and function fully and properly as the Company had intended;
      2. User acknowledges and agrees that User’s use of the Beta Services may expose User to unusual risks of operational failures;
      3. The Beta Services are provided “as is” and the Company does not recommend using them in production or mission critical environments;
      4. The Company reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time;
      5. Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases;
      6. Company may limit availability of customer service support time dedicated to support of the Beta Services;
      7. User may be required to provide feedback regarding User’s experience with the Beta Services in a form reasonably requested by the Company, including information necessary to enable the Company to duplicate errors or problems the User experiences;
      8. User acknowledges and agrees that the Company may use the User’s feedback for any purpose, including product development purposes. At the Company’s request, User will provide the Company with comments that the Company may use publicly for press materials and marketing collateral;
      9. Any intellectual property inherent in the User’s feedback or arising from User’s use of the Beta Services shall be owned exclusively by the Company;
      10. User acknowledges and agrees that all information regarding User’s use of the Beta Services, including User’s experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to the Company; and
      11. The Beta Services are provided “as is”, “as available” and “with all faults”. To the fullest extent permitted by law, the Company disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
    6. The Portal and the Services will be available to the User 24x7, except during scheduled maintenance of the Portal or an emergency maintenance of the Portal which is to be carried out due to a threat to the Portal, network, facilities, etc. required for rendering the Services or for reasons beyond the control of the Company.
    7. Complete ownership, control, security and privacy is offered to the User Content uploaded by the User, subject to the terms of User’s subscription plan. It is hereby clarified that the Company does not manage User’s DigiBoxx Account. Upon creation of the DigiBoxx Account, User shall manage their own DigiBoxx Account. The User’s DigiBoxx Account and the User Content will be hosted in a private server space and the User’s DigiBoxx Account and the User Content cannot be accessed either by the Company or any unauthorised Third-Party. For more details visit: https://digiboxx.com/pricing-and-features#faq .
  4. DigiBoxx DigiFotos
    DigiFotos is a cloud-based solution for any end-user to store their pictures and videos securely. Backed up in their DigiBoxx account, the default DigiFotos section allows users to access their media files at any point in the future. It will allow end users to store, share on social media, and view, and edit photos and videos anytime-anywhere.

    How user's storage is shared across DigiBoxx & DigiFotos:
    For new free/premium individual users:
    • DigiFotos services would be available for free and individual premium users only.
    • Each DigiBoxx account includes a 20 GB free storage limit, which is shared across DigiFotos and DigiBoxx.
    • 25% of the overall storage will be, by default, auto-allocated to the DigiFotos storage quota.
    • Once the user consumes 25% of DigiFotos allocated storage space the users will not be allowed to access/utilize DigiFotos services/features.
    • 75% of the remaining storage quota will be by default assigned for storing other data/assets in the shared DigiBoxx storage section.
    • Once the user consumes 75% of DigiBoxx allocated storage space the users will not be allowed to access/utilize DigiBoxx services/features.
    • In case of additional space is required in either DigiBoxx or DigiFotos the user is expected to free up space or upgrade.
    What happens when a user has consumed DigiFotos or DigiBoxx:
    • Users cannot upload new media assets to DigiFoto.
    • Users cannot upload new assets to DigiBoxx.
    • Users cannot back up/auto sync new media files to DigiFotos until they reduce their storage usage.
    • Users cannot distribute DigiBoxx allotted storage space to DigiFotos storage space.
    • If a user has already consumed more space in DigiBoxx which is more than 75%, the rest of the storage space which is currently available will be auto allotted to DigiFotos.
    • In case the user wants to use DigiBoxx then the user is expected to clear (25% for DigiFotos), and whatever is additional user's storage requirement.
    • In case of additional space in either DigiBoxx or DigiFotos is required user needs to upgrade.
    Note: Users can log in to their DigiBoxx Account, which will help them identify ways to free up storage space. Users can free up space by moving their files from the DigiFotos quota to DigiBoxx Storage Quota. If the user wishes to add more storage space for DigiFotos, they can add additional storage with an upgrade to a higher storage plan for their DigiBoxx account.
    Other than the storage allocation, all other terms of service and privacy policy are applied as per DigiBoxx’s Terms of Services and Privacy Policy.
  5. DigiBoxx InstaShare
    1. A User can upload and share their User Content directly without registering on DigiBoxx or creating a DigiBoxx Account by providing only their email ID and upon the Company verifying the email ID provided by the User by a two-stage verification process, i.e., by way of an One Time Password (“OTP”) sent to the registered email ID of the User and an OTP sent to the registered mobile number of the User. DigiBoxx InstaShare is available at https://digiboxx.com/instashare.
    2. In case a User already has a DigiBoxx Account and wishes to use, upload or share their User Content through InstaShare, then such a User shall also be governed by the terms and conditions of InstaShare available at https://digiboxx.com/instashare-tos.
  6. Fees, Payment and Taxes
    1. Billing Cycle:
      1. The Fees for the respective Services availed by the User and any other charges that User may incur in connection with User’s use of the said Services, such as taxes and possible transaction fees, will be charged on a periodic basis (i.e. either Monthly or Annually) until cancellation, to the card of the User linked to the DigiBoxx Account, on the calendar day corresponding to the commencement of the plan chosen by the User. For avoidance of doubt, it is stated that the Services are pre-paid in nature and once the billing cycle has commenced the Services can only be cancelled by the User from the next billing cycle or upon expiry of the period for which the Fees has been paid.
      2. At the time of registration on the Portal by the User towards creation of DigiBoxx Account, upon a charge being made on the card of the User linked to the User’s DigiBoxx Account towards purchase of the said Services, a single invoice shall be sent by the Company to the User via email to the User’s registered email ID. The payment date may change in case the transaction initiated by the User using their card has not been successfully settled.
      3. All payments made against the Services on the Portal by the User shall be in accordance with the billing policies of the Company and the billing/ payment policies of the payment gateways as detailed under Clause 5.6.
    2. Mode of Payment:
      1. To avail the Services, User may choose a convenient mode of payment on the payments section, taxes will be charged as applicable. For further details on how the Company collects and processes information about User’s card/ other instrument, linked to their DigiBoxx Account, please refer to the Company’s Privacy Policy available at https://digiboxx.com/privacy-policy.
    3. Details of Subscription Plans https://digiboxx.com/pricing-and-features.
    4. The Company may change the subscription plans and the Fees of the Services from time to time, including when the same has been changed by the underlying TSP and such changes or modifications shall be posted online at Portal and effective immediately without need for further specific notice to User.
    5. The Company shall not be responsible for any additional charges like bank fees, interest charges, finance charges, overdraft charges, or other fees other than that is charged by the Company. Currency exchange settlements will be based on agreements between the User and the provider of User’s credit/ debit card.
    6. The payment gateway used on the Portal currently is “Razorpay” (Credit Card/Debit Card/UPI/Netbanking.) There may be additional payment gateway services available on the Portal, from time to time. While selecting any of the payment gateways available on the Portal, the Company will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
      1. lack of authorization for any transaction(s), or
      2. exceeding the present limit mutually agreed by the User and between bank(s), or any payment issues arising out of the transaction, or
      3. decline of transaction for any other reason(s) whatsoever.
    7. Trial Services
      1. Trial period s Granted only to SMB accounts for a period of 7 days, on the expiry of the 7th day and starting from the 8th day subscription amount will be automatically deducted. There will be no refunds after the expiry of the 7th day to the SMB account holder.
      2. The trial is applicable only once in a lifetime of an SMB account.
      3. Any SMB user can cancel the subscription before the 7th day, this will deactivate the account and the data from the said account will be cleaned immediately.
      4. Digiboxx will grant a 3 day grace period for the SMB users to pay for the subscription after the 7 day trial period on 11th day Digiboxx reserves the right to deactivate the account and clean all the data in the account thereof.
      5. During the above mentioned trial period the SMB organizations can use only 50 GBs & up to 5 users only.
    8. Renewal
      1. Changes or modifications in Fees of the Services shall be effective when the Service in question comes up for renewal or expires.
      2. User will have only "Manual Renewal" Option:
        1. Manual Renewal: If User fails to manually implement the renewal before the expiration date, the applicable Services shall be cancelled and User will no longer have use of the said Services and the “Consequences of Termination” as provided in Sub-Clause 7.5 shall apply.
        2. All renewals will be subject to the terms of this Terms of Services, as it may be amended from time to time, and User acknowledges and agress to be bound by the terms of this Terms of Services (as amended) for all renewed Services. Fees paid towards Services is non-refundable
        3. If for any reason the Company is not able to take the payment from the Payment Method the User has on file, User’s Services will expire. In the event of expiry of an account, the data in the account will be retained in the account only for a period upto 90 days only. If the account is not renewed within the period of 90 days, all data in the account will be deleted without option of retrieval.
  7. Suspension or Termination or deletion of DigiBoxx Account by the User
    1. Suspension or termination of Services by Company
      1. The Company may monitor the User’s use of Services (but shall not have the responsibility to do so) to determine whether the User is complying with this Terms of Service.
      2. The Company reserves the right to suspend the Services, or terminate the Services with immediate effect without notice, if:
        1. the Company is required to do so;
        2. the TSPs suspends or terminates the services being provided by them;
        3. the User provides any information, including the Account Information and/or Personal Information, that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with this Terms of Service and the Company may have the obligation to intimate relevant TSPs of the same;
        4. it is brought to the Company’s notice or if it is discovered that such User is not eligible to use the Portal and/or the DigiBoxx Account;
        5. the Company believes that the User’s use of the Service may be in breach of any Applicable Law;
        6. the Company believes that the User has committed a breach of this Terms of Service;
        7. the Company believes that User’s use of the Service may compromise or have an adverse effect on the Company’s systems or networks;
        8. the User uses the Services and/or the Portal in such a way that it disrupts the traffic on the Portal or adversely affects the safety laws/ rules/ regulations thereby impacting the User experience and preventing the Users from using the Services hassle-free; or
        9. the Company has, in more than 1 (one) instance, suspended any of the Services provided by it to the User for any reason whatsoever, in which case the Company will have the right to terminate the Services with immediate effect.
      3. In the event the Company believes that the User’s use of the Service may be in breach of any Applicable Law, then the Company may notify the relevant authorities, and provide them with relevant information as appears appropriate in the circumstances.
      4. User agrees that the User will have no claim against the Company and/or the TSPs in respect of any action taken by the Company and/or the TSP as enumerated herein, and the User indemnifies the Company and/or the TSP against any claim by a User arising out of the same. Further, any liabilities that may have been incurred by the Company and/or the TSP, prior to termination, shall be immediately due and payable.
    2. Prior to termination of the Services
      User is responsible for moving User Content from their DigiBoxx Account. The Company will not transfer by any means whatsoever, User’s DigiBoxx Account or User Content to another provider. If User fails to move User Content off the TSP’s servers prior to cancellation, then all such content will be deleted. It is hereby clarified that, the Company shall not be able to assist the User to procure/ retrieve such User Content at any given point of time post termination of Services or deletion of DigiBoxx Account. For steps of deletion of DigiBoxx Account by the User, please refer to Sub-Clause 7.3.
    3. Deletion/De-activation of DigiBoxx Account by the User:
      1. User can at any time deactivate/delete their DigiBoxx Account.
      2. Upon the User selecting the option to delete/de-activate their DigiBoxx Account and confirming the same, the User’s DigiBoxx Account is deleted and all the Users data/assets stored in the digiboxx account are subject to be cleaned up with immediate effect. The user shall not be able to login or access their DigiBoxx Account until the user reactivates the account again.
      3. An email will be automatically sent to the User on the User’s registered email ID available with the Company, with a confirmation on deactivation and notifying the user that upon deactivation all data stored in the user’s digiboxx account is subject to deletion with immediate effect.
      4. Further, User’s DigiBoxx Account shall be deleted/de-activated in its entirety and User cannot access the same for any reason whatsoever. Post the deletion of the User’s DigiBoxx Account, the User shall not be able to use any of the services, only applicable in case of Users with SMB Account or Business/ Enterprise Account, which was prior to the deletion/de-activation, linked to the User’s DigiBoxx Account.
      5. Users are requested to ensure sufficient back-up of their User Content prior to deletion/ de-activation of their DigiBoxx Account. However, it is hereby clarified that the User’s Personal Information available with the Company shall continue to be with the Company, to enable compliance under Applicable Laws and shall not be immediately deleted.
    4. Re-activation:
      For already registered but either inactive or expired accounts, users will be allowed to re-activate their accounts using existing personal information for login, however upon deactivation by an action of user deliberately or by mistake all the data stored in the users digiboxx account shall be cleaned up with immediate effect. Also if the re-activation / renewal is initiated after the data retention policy of 90 days and /or after de-activation by the user of the said account, then the user will not get access and will not be able to retrieve any data stored prior to the event. DigiBoxx will retain the Personal Information data for future reactivation.
    5. Consequence of Termination of Services
      1. Upon termination of the Services, all free services, including the free space provided to the User as part of the Services, if applicable, will be cancelled or revoked.
      2. User Content will be deleted off the servers upon expiry of the timelines as stated under Clause 7.3 and 7.4, without any possibility to archive or retrieve the User Content.
    6. The TSPs may, at any time, terminate the services provided by them for any reason whatsoever, and the Company shall not be responsible or liable for the same.
    7. Already registered but either de-activated or inactive expired account Users will be allowed to re-activate their accounts using existing personal information for login. If the re-activation is initiated after the data retention policy of 90 days and /or after de-activation of the said account, then the User will not get access nor will not be able to retrieve any data stored prior to the event.
  8. User’s Obligations, Representations and Warranties
    1. User agrees, undertakes and confirms that its use of the Portal shall be strictly governed by the binding principles contained herein below. The User further agrees that he is not a minor or an un-discharged insolvent and shall not host, display, upload, modify, transmit, update or share any Content/ information that:
      1. belongs to another person and to which User does not have any right to;
      2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
      3. is unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" provided as per Applicable Laws;
      4. is misleading in any way;
      5. harasses or advocates harassment of another person;
      6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
      7. 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;
      8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files or some other person’s database or proprietary information;
      9. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
      10. provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone's privacy, or providing or creating computer viruses;
      11. tries to gain unauthorized access or exceeds the scope of authorized access to the Portal or to profiles, blogs, communities, account information, bulletins, or other areas of the Portal or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
      12. engages in commercial activities and/ or sales without the Company’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes;
      13. solicits gambling or engages in any gambling activity which the Company, in its sole discretion, believes is or could be construed as being illegal;
      14. interferes with another User's use and enjoyment of the Portal;
      15. refers to any website or mobile application or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Portal or any other website or mobile application or URL, contains Content that would be prohibited or violates the letter or spirit of this Terms of Service;
      16. harms minors in any way;
      17. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or fraudulent or involves the sale of counterfeit or stolen products;
      18. violates any law for the time being in force;
      19. impersonates another person;
      20. 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 information;
      21. threatens the unity, integrity, defence, security or sovereignty of India, India’s 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;
      22. directly or indirectly, offers, attempts to offer, trades or attempts 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
      23. creates any liability for the Company or causes the Company to lose (in whole or in part) the services of its TSPs or other suppliers.
    2. User 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 Portal or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Portal or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Portal. The Company reserves its right to bar any such activity.
    3. User shall not attempt to gain unauthorized access to any portion or feature of the Portal, or any other systems or networks connected to the Portal or to any server, computer, network, or to any of the Services offered on or through the Portal, by hacking, password "mining" or any other illegitimate means.
    4. User shall not probe, scan or test the vulnerability of the Portal or any network connected to the Portal nor breach the security or authentication measures on the Portal or any network connected to the Portal. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Portal, or any other User, to its source, or exploit the Portal or any service or information made available or offered by or through the Portal, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Portal.
    5. Server hacking or other perpetration of security breaches is prohibited and the TSP and/or the Company reserves the right to deactivate DigiBoxx Account containing information about hacking or links to such information. User’s use of User’s DigiBoxx Account as an anonymous gateway is prohibited. The Company prohibits the use of software or scripts run on the hosting TSPs’ servers that cause the server to load beyond a reasonable level, as determined by the said TSP. User further acknowledges and agrees that TSP providing the server hosting services reserves the right to scan User’s hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be deactivated in the said TSP's discretion for security purposes.
    6. User agrees not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to: (1) attempt to mislead any person as to the identity, source or origin of any communication; (2) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which User do not have authorization to access or at a level exceeding User’s authorization; or (3) use User’s server as an “open relay” or for any of the above purposes.
    7. User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about the Company, the Portal or the brand name or domain name used by the Company, including the term ‘DigiBoxx Account’ or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or DigiBoxx Account or otherwise tarnish or dilute any of the Company’s 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 the Company. User agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Portal or the Company’s systems or networks, or any systems or networks connected to the Company.
    8. User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Portal or any transaction being conducted on the Portal, or with any other person's use of the Portal.
    9. User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin or transmittal of any message the User sends to the Company on or through the Portal or any Services offered on or through the Portal. User shall not pretend that it is, or that it represents someone else, or impersonate any other individual or entity.
    10. User shall not use the Portal or any Content for any purpose that is unlawful or prohibited by this Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and/ or others.
    11. User shall at all times ensure full compliance with all Applicable Laws thereunder as applicable and as amended from time to time. The User shall not engage in any transaction in any service, which is prohibited by the provisions of any Applicable Laws including exchange control laws or regulations for the time being in force.
    12. User understands that the Company has the right at all times to disclose any information available with the Company (including the identity of the person providing information or materials on the Portal, its location etc.) 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 summons. In addition, the Company can (and the User hereby expressly authorizes the Company to) disclose any information about the User to appropriate authority in accordance with Applicable Laws as the Company, in its sole discretion, believes is necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
    13. User acknowledges that the Company is required to report cyber security incidents related information with appropriate authority, such as their identity, location, etc. and relevant data in connection therewith, which report may include data of the Users and their activities on the Portal. The User shall be obligated to extend all assistance as may be required by the Company from the User in this regard.
    14. User acknowledges and agrees that it shall at all times respect the privacy of other Users of the Portal.
    15. The Company shall have all the right to take necessary action and claim damages that may occur due to User’s involvement/participation in any way on its own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
    16. Any software that is available on the Portal is the property of the Company. Users may not use, download or install any software available on the Portal, unless otherwise expressly permitted by this Terms of Service or by the express written consent of the Company.
    17. Users shall alone be responsible for navigating out of the Portal. In case a person using the world wide web/internet receives a spam or virus which includes a link to the Portal or to any other site maintained, operated or owned by the Company, it should not be held responsible for the same. The Company assumes no responsibility for such mails.
    18. User acknowledges and agrees that the Company shall have the right to seek and User shall be obligated to provide any and all information reasonably sought by the Company pursuant to the User’s use of the Services.
    19. User shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to User’s DigiBoxx Account or User Content; (2) maintain independent archival and backup copies of User’s DigiBoxx Account or User Content; and (3) ensure the security, confidentiality and integrity of all User’s DigiBoxx Account or User Content transmitted through or stored on the TSPs’ servers.
    20. User shall be solely responsible for providing, updating, uploading and maintaining User’s DigiBoxx Account and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through User’s DigiBoxx Account including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text.
    21. User shall not resell the Services without the Company’s express permission. Reselling of the Services without Company’s express permission will be construed as breach by the User of this Terms of Service.
    22. User agrees to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested by the risk team of the Company.
    23. Solely to enable the Company to use the Account Information supplied to it by the User and to ensure that the Company is not in violation of any rights the User may have in the Account Information, the User agrees to grant the Company 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 the User has in the Account Information, in any media now known or not currently known. The Company will only use Account Information in accordance with this Terms of Service and Privacy Policy applicable to direct the User to their DigiBoxx Account.
    24. User is responsible for obtaining the data access necessary to use the services of DigiBoxx Account and also for acquiring and updating compatible hardware or devices necessary to access and use services of DigiBoxx Account and any updates thereto. Services may be subject to malfunctions and delays inherent in the use of the internet and/or any electronic communications.
  9. Privacy (Personal Information, User Content and Protection)
    1. By availing the Services through the Portal, the User authorizes the Company to collect information that can be used to identify or contact a single person, specifically:
      - name,
      - e-mail address
      - name of country of residence (default India),
      - Ten-digit mobile number,
      - complete physical address
      hereinafter collectively referred to as “Personal Information” and other non-Personal Information about the User and use and/or disclose the same if the Company believes that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any Applicable Law, regulation, legal process or enforceable governmental request including to law enforcement and in response to a court order, (b) detect, prevent, or otherwise address fraud, technical or security issues, (c) enforce applicable terms and conditions, including investigation of potential violations thereof, or (d) protect against harm to the rights or properties of the Company, its other Users or the public as required or permitted by law, (e) to protect the Company against third-party claims. The Company may also provide and/or disclose such information to any other trusted businesses or person for the purpose of processing Personal Information on behalf of the Company. The Company shall however, not be liable for any misuse of any Personal or non-Personal Information of the User by any third party.
    2. The Company shall in no manner have any right to view or access the User Content uploaded, saved and shared on DigiBoxx Account by the User. Further, the Company shall not, in any manner, be able to remove or edit any User Content, irrespective of whether the User Content violates, or is alleged to violate, any Applicable Laws or either the spirit or letter of the Third Party Policies. User remains solely responsible for the User Content of the materials it uploads, saves and shares on DigiBoxx Account. In no event shall the Company assume or have any responsibility or liability for any User Content uploaded, saved or shared on DigiBoxx Account by User, for any claims, damages or losses resulting from use of User Content and/or appearance of User Content on DigiBoxx Account. User hereby represents and warrants that it has all necessary rights in and to all User Content which it uploads, saves and shares on DigiBoxx Account and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. User agrees and acknowledges that it shall assume all the risks associated with the User Content, including but not limited to anyone's reliance on its quality, accuracy, or reliability, or any disclosure by the User of information in User Content that makes it personally identifiable.
  10. Password
    1. For security purposes, as best practice, User should keep changing the password of their DigiBoxx Account frequently or as and when prompted. Additionally the User can activate 2- factor authentication, i.e., by way of an One Time Password (“OTP”) sent to the registered email ID of the User and an OTP sent to the registered mobile number of the User , to enhance account security.
    2. In the event that the User forgets the password to their DigiBoxx Account, the User can click on “Forgot Password” and follow the password reset instructions received on their registered email ID.
    3. Further, it is the duty of the User to safeguard User’s password from any unauthorized use. Any person in possession of User’s password will have both the ability and User’s authorization to modify User’s DigiBoxx Account and other Service related information and take other actions which may affect or terminate User’s rights and access to the Services.
  11. Backup
    user is solely responsible for the preservation of user content which user uploads, stores and saves onto its digiboxx account. even with respect to user content as to which the user contracts for backup services provided by a tsp, to the extent permitted by applicable law, the company or the tsp shall have no responsibility to preserve the said user content. the company or the tsp shall have no liability for any user content that may be lost, or unrecoverable, by reason of user’s failure to backup its user content or for any other reason.
  12. Trademark, Copyright and Restriction
    All material of, or contained on the Portal, including artwork, computer code, design, structure, selection, co-ordination, expression, the look, feel and arrangement of the content on the Portal, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and also, the User must not assist any other person to do so.
  13. Third Party Software
    1. The Company reserves the right to modify, change, or discontinue any Third Party Software at any time, and User agrees to cooperate in performing such steps as may be necessary to install any updates to the Third Party Software. The Third Party Software is neither sold nor distributed to User, and User may use the Third Party Software solely as part of the Services. User may not use the Third Party Software outside of the Services.
    2. The Company may provide User’s personal information to the TSPs as required to provide the Third Party Software. User acknowledges and agrees that User’s use of the Third Party Software is subject to the Company’s agreement(s) with the TSP.
    3. In addition, if the Third Party Software is accompanied by or requires consent to a service or license agreement from the TSP, User’s use of the Third Party Software is subject to such service or license agreement. User may not download, install, or use any Third Party Software that is accompanied by or requires consent to a service or license agreement from a TSP, unless User first agrees to the terms and conditions of such service or license agreement.
    4. User may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third Party Software. User may not reverse engineer, decompile, or disassemble the Third Party Software, except and only to the extent that such activity is expressly permitted by Applicable Laws.
    5. User acknowledges and agrees that the Company and/or the TSPs (and their affiliates and suppliers) make no representations or warranties about any Third Party Software offered in connection with the Services, and expressly disclaims any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third Party Software.
    6. User acknowledges and agrees that any Third Party Software will be supported by the Company and not by the TSPs (or their affiliates or suppliers).
  14. Services provided by TSPs and the TSPs’ policies
    1. The Portal, Services and DigiBoxx Account may contain components of services provided by TSPs.
    2. The Portal, Services and DigiBoxx Account may contain links to the programming interface of the third parties (“Third-Party API”), which may take over from the Portal and link the User to the portal of such third parties to process User request and complete the services.
    3. Any access to and use of such linked services or programming interface is not governed by this Terms of Service, but instead shall be governed by the policies of those TSPs. The Company shall not be responsible for the information practices of such TSPs.
    4. Services of the Portal and services of DigiBoxx Account may include or link to services that are being provided by third parties (“Third Party Services”). User’s use of such Third Party Services shall be governed by the terms and conditions of use and privacy policy applicable to the corresponding TSP.
    5. Notwithstanding the generality of the above, Users agree that the Portal and DigiBoxx Account allows the below mentioned TSPs to have access to and connect to the Portal and/or DigiBoxx Account, and in light of the same, the User shall also be bound by the applicable policies of such TSPs, to the extent applicable and the links of a few of which are provided below for ease of User’s reference:
      1. RackBank Terms and Conditions, available at https://www.rackbank.com/terms-and-conditions.php
      2. RackBank Privacy Statement, available at https://www.rackbank.com/Privacy-statements.php
      3. RackBank Service Level Agreement, available at https://www.rackbank.com/service-level-agreement.php
      4. RackBank Master Service Agreement, available at https://www.rackbank.com/master-service-agreement.php
      5. RackBank Acceptance User Policy, available at https://www.rackbank.com/acceptance-user-policy.php
      to the extent applicable and the same shall be deemed to be incorporated herein. Users are required to read, understand and agree to the same.
    6. The Company does not screen or investigate Third Party Services before or after including/linking it to the Services of the Portal. Further, the Company may in its sole discretion and without any obligation, verify any updates, modifications, or changes to any Third Party Services included/linked to the Services, wherever deemed appropriate by the Company, but shall not be liable for any delay or inaccuracies related to such updates.
    7. The Company does not endorse any advertising, products or other materials on or available from such third parties and assumes no responsibility or liability for any Third Party Services.
    8. Third Party Services does not reflect the views of the Company or that of the Company’s parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders
  15. Disclaimer of Warranties
    1. The User is free to delete the DigiBoxx Account and terminate the Services at any time and acknowledges that the consequences of such termination or deletion shall be at the sole risk and responsibility of the User.
    2. The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use of the Services or due to the Company’s failure to provide the Services at all, for any reason whatsoever whether or not beyond the control of the Company.
    3. The Company makes no representation that the Portal and the Services will be constantly available or available at all times. The User agrees and acknowledges that the Portal and the Services are provided on an online portal and are susceptible to downtimes, crashes or other such technical issues for which the Company shall not be responsible to the User in any manner whatsoever. Nothing contained in this Terms of Service shall be deemed to be a warranty implied or otherwise as to the availability of the Portal and the Services at all times.
    4. User agrees and acknowledges that the Company is not responsible for the continuous availability of any services from the TSPs and shall not be liable for any loss or damage which may be incurred by the User as a result of such non-availability or non-fulfilment or as a result of any reliance placed by the User on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such TSPs.
    5. Further, the Company shall not be responsible for service interruptions caused by: (1) periodic scheduled maintenance or repairs the Company or the TSP may undertake from time to time; (2) interruptions caused by User from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of User’s DigiBoxx Account but merely affect access to User’s DigiBoxx Account; (4) causes beyond the Company’s control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
    6. Unscheduled maintenance may need to be performed. During this time the server may be off-line. In this case a notice regarding the maintenance may be posted by the Company.
    7. Further, certain notices may be posted by the Company at the time of User’s login to its DigiBoxx Account. If User fails to respond to the said notices, the Company may, at its sole discretion, suspend the Services without any refund of Fees.
    8. The Company expressly disclaims any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing Third Party Services.
    9. user specifically acknowledges and agrees that, user’s use of the services and the portal is at its own risk. the company (including any third party assisting the company in provision of services), its affiliates, group companies, officers, directors, employees and agents, do not make, and hereby disclaim, any and all warranties, whether express, implied, statutory, or otherwise, including without limitation the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title, and any warranties arising from a course of dealing, performance, usage, or trade practice or about (a) the accuracy, completeness, or content of the portal, (b) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this portal, (c) the services found at this portal or any sites linked (through hyperlinks, banner advertising or otherwise) to this portal, and the company assumes no liability or responsibility for the same, (d) the service or quality of any services or information will meet your requirements or expectations, and/or (e) the service or the server(s) that make the service available are free of viruses or other harmful components. the service and all content is provided to you strictly on an "as is" basis. the company does not warrant that the services or the portal will be uninterrupted, error-free, timely, completely secure or operate in combination with any other hardware, software, system or data.
      in addition, the user specifically acknowledges and agrees that no oral or written information or advice provided by the company, its affiliates, group companies, officers, directors, employees and agents (including without limitation its customer service representatives), and tsps will (a) constitute legal or financial advice or (b) create a warranty of any kind with respect to this portal or the services found at this portal, and users should not rely on any such information or advice.
      the foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these terms of service or user’s use of this portal or the services found at this portal.
  16. Remedy
    Termination or expiration of these Terms, in part or in whole, shall not limit the Company from pursuing other remedies available to it, nor shall the Company be liable to the User for any damages resulting solely from termination as permitted herein.
  17. Indemnity
    As a condition of its use of the Portal, User shall indemnify and hold harmless the Company, its affiliates, group companies (as applicable) and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the User’s breach of this Terms, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
  18. Limitation of Liability
    1. in no event shall the company, its affiliates, group companies, officers, directors, employees and agents, be liable to the user for any special, incidental, indirect, punitive or consequential damages of any kind in connection with these terms of service, including any that may result from (i) personal injury or property damage of any nature whatsoever, (ii) third-party conduct of any nature whatsoever, (iii) any unauthorized access to or use of company’s servers and/or any and all content, personal information, financial information or other information and data stored therein, (iv) any interruption or cessation of services to or from this portal or any sites linked (through hyperlinks, banner advertising or otherwise) to this portal, (v) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this portal or any sites linked (through hyperlinks, banner advertising or otherwise) to this portal, (vi) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (vii) any loss or damage of any kind incurred as a result of user’s use of this portal or the services found at this portal, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not the company is advised of the possibility of such damages.
    2. Subject to the above and notwithstanding anything to the contrary contained in this Terms of Use, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of the Company vis-à-vis any User, regardless of the form of claim, be INR 500/- to 1000/- only.
    3. The foregoing limitations of liability will apply to the fullest extent permitted by law, notwithstanding the failure of essential purpose of any limited remedy herein and shall survive any termination or expiration of this Terms of Service or User’s use of this Portal or the Services provided by the Company.
  19. Jurisdiction and Dispute Resolution
    1. The Terms shall be governed by and interpreted and construed in accordance with the laws of India.
    2. Any dispute or disagreement arising out of these Terms including but not limited to issues relating to the rights and liabilities of both the Users and/or the Company, interpretation of these Terms, and all such other issues arising out of these Terms shall be subject to the exclusive jurisdiction of the courts at Mumbai.
  20. Contact Us
    Please send any questions or comments (including all inquiries related to trademark/ copyright infringement) regarding the Portal or the Services to [email protected].
  21. Grievance Officer for Redressal
    1. In accordance with Information Technology Act, 2000 and rules made thereunder, Consumer Protection Act 2019 and Consumer Protection (E-Commerce) Rules, 2020, the name, contact details and designation of the Grievance Officer are provided below:
      1. Name: Mitchelle Banon
      2. Contact Number: +91 9971148149
      3. Timings: 10AM - 7PM (Monday- Friday)
    2. In the event of any complaint or any issue raised by the User, the same shall be acknowledged and redressed by the Grievance Officer within the timelines specified under Applicable Laws.
  22. Report abuse
    If any person believe that they may have any information regarding the abuse of the Company’s Services, please contact Company at: [email protected].
  23. Miscellaneous
    1. Certain terms may be defined in this Terms of Service and wherever such terms are used in this Terms of Service, they shall have the meaning so assigned to them.
    2. For the purpose of this Terms of Service words importing the singular include the plural and vice versa, pronouns importing a gender include each of the masculine, feminine and Other genders, and where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings.
    3. The titles and headings of this Terms of Service are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
    4. Each covenant and agreement in this Terms of Service shall be construed for all purposes to be a separate and independent covenant or agreement.
    5. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Terms of Service to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Terms of Service shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
    6. Throughout this Terms of Service, the Company’s prior written consent means a communication coming from the Company’s legal department, specifically in response to the User’s request, and specifically addressing the activity or conduct for which the User seeks authorization.
    7. Modification
      1. When the User avails any of the Services, User will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as a part of this Terms of Service. The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of this Terms of Service, at any time without any prior written notice to the User. It is the User’s sole responsibility to review this Terms of Service periodically for updates or changes. The User’s continued use of the Portal following the posting of changes shall be deemed to mean that the User accepts and agrees to the revisions. As long as the User complies with this Terms of Service, the Company grants the User a personal, non-exclusive, limited privilege to enter and use the Portal.
      2. In addition, the Company may occasionally notify User of changes or modifications to this Terms of Service by email. It is therefore very important that the User keep User’s Account Information, including User’s email address, updated. The Company assumes no liability or responsibility for User’s failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
    8. The Company may provide a translation of the English version of this Terms of Service into other languages. User understands and agrees that any translation of this Terms of Service into other languages is only for User’s convenience and that the English version shall govern the terms of User’s relationship with the Company. In the event of any inconsistency or ambiguity arising between the English version of this Terms of Service and its other translated versions, the English version of this Terms of Service shall prevail over others such translated versions