User Policy of DIGINXTHLT (Diginxthlt Solutions LLP)
1. Collection of Information
- Information You Provide to Us
We collect the information so provided by you directly to us. For example, we collect information you provide when you create an account, fill out a form, or communicate with us and same is considered as ‘Personal Information’ and ‘Associate Information’ in lines with Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011. The said types of information we may collect may be private to vide way of subscription or registration on the Application/Website, including but not limited to information about:
- Name, gender, age and contact details (i.e. email address and registered mobile number) of You as the parent/guardian of minor/ward in question.
- Provision of password and confirmation of the same as well as confirmation of your provided contact details (i.e. Registered email address) through such email verification.
- Summary or selection of minor/ward’s educational requirements and interests.
- User data including facial recognition data, images, gifs, videos etc. and inquiry related information so volunteered and put forth in scope of learning, discussion, queries, doubts, surveys, tests and examination or and any other information You may choose to provide.
- Publicly and commercially available sources including from organizers of events and seminars you may attend.
- Debit Card/Credit Card/Net Banking/Other Payment and other payment method data for Application/Website usage related purchases/services. In case of payments via credit or debit card, we will redirect you to DIGINXTHLT Associated registered third party payment gateways. You may store and save your payment details like card numbers with the gateway. DIGINXTHLT will not have access to this data. All payment transactions are processed through secure payment gateway providers.
- When you use our Platform, we automatically collect information about you, including:
- Log Information: We collect log information about your use of the Platform, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before visiting our Platform.
- Device Information: We collect information about the computer or mobile device you use to access our Platform, including the hardware model, operating system and version, unique device identifiers, and mobile network information. This may include Device identification (“ID”), which is a distinctive number associated with a desktop, laptop, smartphone or similar mobile or handheld device, but is different than a hardware serial number.
- Location Information: We may collect information about the location of your device each time you use our Platform, or when you otherwise consent to the collection of this information.
- Other Information: With your permission, we may collect other information from your device, such as email, contacts of individuals you wish to find or connect with, or calendar information you want to manage via the Platform.
- Information We Collect From Other Sources
We may collect information about you from other sources, such as through certain features on the Platform which you have elected to use, including:
- Social Media Services: If you register or log into your account through a third-party social media service, we will have access to some of your third-party account information from that service such as data received including but not limited to personal or non-personal information from your linked social media channels (which include but are not limited to name, email address, friend list, profile pictures or any other information that is permitted to be received, as authorized by that service terms and conditions. You have the ability to disable the connection between our Platform and your third-party account at any time.
- Invitations: If another member sends you an invitation through our Platform, we may receive your email address or phone number. If you are an invited guest, we will automatically send you an invitation to our Platform, and, if unanswered, a one-time follow-up invitation. DIGINXTHLT stores this contact information only to send these invitations and evaluate their success. You may opt to unsubscribe from future invitations using the instructions in those messages. You may also contact us at our support to request that we remove this information from our database.
2. Use of Information
- Operating our Platform
We may use information about you for various purposes related to operating our Platform, including to:
- Provide suggestions to improve our Platform, including to process transactions, and for development of new products and services;
- Personalize the experience of the Platform;
- Monitor and analyse trends, usage, and activities in connection with our Platform;
- Preparation and Maintenance of DIGINXTHLT’s internal records and otherwise for management of our business and efficiency of performance of the Platform;
- Detect and alert to fake, fraudulent or defamatory or immoral information, content, transactions, abuse, and other illegal activities, and protect the rights, safety of DIGINXTHLT, its members, their minor wards and others;
- Communicating with You
We may use information about you for various purposes related to communicating with you, including to:
- Receive and respond to your comments, questions, and requests, and provide customer service;
- Communicate with you about products, services, and events offered by DIGINXTHLT, affiliated and collaborating educational organizations, scholarship providers, private & public schools, colleges and universities at local, district, state and central government level, private and public organisation, NGO’s and other third parties, and provide information, offers, updates and information we think will be of benefit and interest to you;
- Deliver communications from other members, in accordance with the communication preferences that you indicate in your account;
- Send you technical notices, updates, security alerts and support, and administrative messages;
- DIGINXTHLT may alert you by email or phone (through sms/call/What’s App) to inform you about new service offerings, special price offers or trial offer, or purchase (or subsidize) products or services or other information which it perceives might be useful for you.
- Use Information Pertaining to Profile Creation
- You may create a profile, containing information about you, which may include Personal Information, images, photographs, academic information, work history, your respective interests, liked activities, utility the services and other information under the Platform (“Profile“).
- Certain information in your Profile may be made visible to certain third parties or to everyone, as the case may be, depending on the nature of the information and the privacy settings opted for by You when signing in and setting up your account on the Platform.
- Based on developments and requirements of DIGINXTHLT to enhance your experience, the information in your Profile may be designated and directed to be made accessible other than through the Platform, which may another app or an application programming interface (API), as the case may be or indexed for display by internet search providers targeting specific proper noun or common noun nomenclature searches concerning information on your Profile and control and frequency update of indexes of such third-party search engines update their indexes, is beyond scope of DIGINXTHLT;
- In order to optimise and provide the highest quality services and facets of the Platform are so made available to you, it is agreed and understood that, in lines with parties as envisaged in Clause 2.2 of this Policy, that such parties may be permitted and able to review certain information in your Profile for provision of certain services by DIGINXTHLT on the Platform, which may be shared automatically. DIGINXTHLT does not share your contact information (email, full postal address or phone number) with those third parties unless you specifically request or agree to the sharing of the same.
- DIGINXTHLT Public Forum: The Services may provide you the opportunity to participate and post content publicly in forums, through interactive features and through other communication functionality (“DIGINXTHLT Public Forums“) through utility of such Platform’s specific features to submit or post directed queries, constructive reviews, problems, suggestions, ideas, solutions, questions, answers, class notes, course outlines, comments, testimonials, feedback, messages, images, videos, text or other material (“User Content“). Your User Content may also be posted in your Profile. Note: User Content for review or for instruction from another user or designated party, as case may be, as part of service under the Platform, may be subject to public display associated to the Profile of the said user od designated party,
- Advertising and Other Uses: We may use information about you for various other purposes, Private Including to:
- Provide advertisements, content, or features that match member profiles or interests;
- Facilitate contests and other promotions;
- Carry out any other purposes described to you at the time the information was collected.
3. Sharing of Information
- Through our Platform
In lines with Clause 2.2 and 2.3 of this Policy, DIGINXTHLT will share some of the information we collect by displaying it on our Platform according to your member profile and account settings. Some information, such as user name, will be always public in nature. Some information, such as interests, is public by default but can be hidden on our Platform. Some information, such as group memberships, will always be visible to other members of that DIGINXTHLT group, and may be public, depending on the settings of that group.
- With Our Service Providers
We may use service providers in connection with operating and improving the Platform to assist with certain functions, such as payment processing, email transmission, conducting surveys or contests, data hosting, managing our ads, and some aspects of our technical and customer support. We take measures to ensure that these service providers access, process and store information about you only for the purposes we authorize, subject to confidentiality obligations.
- Legally Mandated Disclosure
- We may access, preserve, and disclose to third parties information about you if we believe disclosure is in accordance with, or required by, applicable law, regulation or legal process. We may also disclose information about you if we believe that your actions are inconsistent with our Terms of Service or related guidelines and policies, or if necessary to protect the rights, property or safety of, or prevent fraud or abuse of, DIGINXTHLT, its members, their minor wards or others.
- DIGINXTHLT may share your information when we believe in good faith that such sharing is reasonably necessary in order to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. We will retain your personal data for as long as we deem it necessary to enable you to use our services, to provide our services to you (including maintaining the online user account (if created), to comply with applicable laws, resolve disputes with any parties and otherwise as necessary to allow us to conduct our business, including to detect and prevent fraud or other illegal activities.
- Social Sharing and Other Tools
The Platform may offer social sharing features and other integrated tools which let you share and monitor actions you take on our Platform with third-party services, and vice versa enabling you to “like” a product within our Services or “share” content to other web sites. Where you opt to “like” or “share” content or to otherwise post information from or via the Platform to a third party web site, feature or application, that information may be publicly displayed, and the third party web site may have access to information about you and your use of the Platform. Such features let you share information with your fellow members or the public, depending on the settings you have chosen with the service. The service’s use of the information will be governed by their privacy policies, and we do not control their use of the shared data. These features may collect your IP address or other Device Identifier, which page you are visiting on our web site, and may set a cookie to enable the third party feature to function properly. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please review the privacy policies of the third party services providers of these features.
- Affiliate Sharing and Merger, Sale, or Other Asset Transfers
If DIGINXTHLT is involved in a merger, acquisition, financing, re-structuring, reorganization, bankruptcy, or sale of our assets, information about you may be shared, sold, or transferred as part of that transaction. We may also share information about you with current or future corporate parents, subsidiaries, or affiliates.
- Third Party Specialists
DIGINXTHLT may hire a third party for industry specific market research, monitoring site activity, processing of payments, maintaining our database, administering emails, administering contents and conduction of surveys and DIGINXTHLT will provide information to these third parties specifically for use in connection with these projects. The information (including aggregate cookie and tracking information) we provide to such third parties, alliance partners, or vendors are protected by confidentiality agreements and such information is to be used solely for completing the specific project, and in compliance with the applicable regulations.
- Security of Personal Information
- DIGINXTHLT has incorporated and set up appropriate security measures to prevent your Personal Information from being accidentally lost or used or accessed unlawfully. Processing your Personal Data will be done only in an authorised manner and subject to a duty of confidentiality. We also have internal procedures to address any suspected data security breach. We will notify you a suspected data security breach where we are legally required to do so.
- Notwithstanding anything contained anywhere in this Agreement; DIGINXTHLT cannot assure the absolute security to your Personal Information and by entering into or by logging into the Platform, you explicitly agree not to sue us for any data breach.
- Other Situations
We may share de-identified or aggregated information about you. We may also share information about you with your consent or at your direction.
4. Optional Facets of Choice
- Analytics and Advertising Services Provided by Others
- Your Choices: Account Information
- DIGINXTHLT provides venue for you to review, change or delete personal information that we have collected from you by editing your account settings or by sending communication through _____ on the Platform. We shall not reject for your request for review, update, correct, and delete your personal information subject legal restrictions of territorial jurisdiction, unless:
- Means of communication of request is expressly abusive or unreasonably excessive;
- Where your request stands to infringe on the rights or safety of another person or persons; or
- If the information or material which is the subject matter of your pertains to any existing or anticipated legal proceedings between you and DIGINXTHLT; or
- Where the execution of your request jeopardise negotiations between DIGINXTHLT or any investigation of possible unlawful activity.
- Your Choices: Location Information
When you first access the Platform, you may be asked to consent to our collection of location information. If you do not consent to this collection, you may not be able to use our mobile application. You can stop the collection of location information at any time from a particular device by changing the settings on that device, but note that our Platform or its features may no longer function properly if you do.
- Your Choices: Cookies
Most devices and web browsers are set to accept cookies by default. If you prefer, you may be able to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Platform.
- Your Choices: Promotional Communications
You may opt out of receiving promotional messages from DIGINXTHLT by following the instructions in those messages or by adjusting the communication preferences that you indicate in your account. If you opt out, we may still send you non-promotional messages, such as those about your account or our ongoing business relations.
- Geocentric Privacy Specifications
- DIGINXTHLT is based in India and information so collected shall be governed by laws of Republic of India. By accessing or using the Platform or otherwise providing information to us, you consent to the processing, transfer, and storage of information within Republic of India and other countries, where you may not have the same rights and protections as you do under local law
- California Privacy Rights
If you are a California resident, you have the right to request information from us about how we may share certain categories of your information with third parties, for the third parties’ direct marketing purposes. To exercise this right, please contact us at [email protected] with “California Privacy Rights” in the subject line to receive such information.
- European Union Data and Privacy Rights
Where required by European law, DIGINXTHLT shall only transfer personal data to recipients offering an adequate level of data protection. In these situations, as may be required, DIGINXTHLT make contractual arrangements to ensure that your personal data is still protected in line with European standards. You can ask us to see a copy of these contractual agreements using the contact at [email protected] . with “European Union Data and Privacy Rights” in the subject line to receive such information.
- China Privacy Rights
DIGINXTHLT will maintain the confidentiality of your information, but may provide or transfer your information to third parties as detailed above under “How do We Use Information” and “Disclosure of Information Shared” which may include transferring your information to persons to whom DIGINXTHLT are required to make disclosures to under applicable law within or outside China. DIGINXTHLT will generally maintain your information on servers in India, or any other data centres outside the People’s Republic of China.
We employ measures designed to protect information about you, both during transmission and once we receive it. For example, we use firewalls designed to protect against intruders and test for network vulnerabilities. However, no method of transmission over the internet or method of electronic storage is completely secure.
- Policy Scope
- Conditions of Use
DIGINXTHLT does not warrant that this Platform, website, application or API, its servers, or email sent by us or on our behalf are virus free. DIGINXTHLT will not be liable for any damages of any kind arising from the use of this website, including, but not limited to compensatory, direct, indirect, incidental, punitive, special or consequential damages, loss of data, goodwill, business opportunity, income or profit, loss of or damage to property and claims of third parties.
- Governing law and Jurisdiction
- Revisions to this Policy
- Contact Us
Terms of Service
Your use/access/browsing of the Platform or the Services or products therein or registration (with or without payment/with or without subscription) on the Platform through any means shall signify Your acceptance of this Terms of Service Terms and Your agreement to be legally bound by the same. DIGINXTHLT has the right to amend these Terms of Service from time to time without notice and without liability to you or any third party
- The Agreement: DIGINXTHLT enables you and other subscribers/members to _. The terms “DIGINXTHLT” “we,” “us,” and “our” means DIGINXTHLT LLP. and our affiliates. We use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. We use the word “Platform” to mean any website, mobile site(s) and mobile app(s), application, or service offered by DIGINXTHLT including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of Service. We use “Terms of Service” and “Agreement” interchangeably to mean this document together with our Usage and Content Policies, Group Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, and Trademark Usage Guidelines.
Your use of the Platform signifies that you have read and agreed to this Agreement. If you are using the Platform for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.
- Revisions to this Agreement: We may amend or modify this Agreement from time to time. When we do, we will notify by publish the most current version with its revised date. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying an important notice on our Platform or any other method as may updated from time to time. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement.
2. Your Account and Membership
- Eligibility: The minimum requirement for a person registration for membership and utility of the services on the Platform, meeting the pre-requites required by such person to form legally binding contracts as per the Indian Contract Act, 1872 and DIGINXTHLT will accept your representation such minimum pre-requisites while sign up formalities based on principle of assumption of truthful representation. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our products or Services. As a minor if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Platform, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents and all the data provided on the Platform by You is accurate and complete. Additional eligibility requirements for some particular portions of our Platform may be laid down by any member who has created or been vested with the capacity to moderate or administer that section of our Platform.
- Suspension of Your Account. We in our sole discretion, may modify, suspend or terminate your account or right to use the Platform if we establish that you have dishonoured this Agreement, including any of the policies or guidelines that are part of this Agreement, that are in the best interest of the DIGINXTHLT community, or to protect our brand or Platform. We also may do away with accounts of members who are inactive for an extended period of time subject to issuance a one-time notification. A member who has the ability to moderate or administer a particular portion of our Platform in his or her sole discretion also be vested with the ability to amend, suspend, or terminate your access to that portion of the Platform.
- Termination of Account: DIGINXTHLT will reserve the right to terminate your registered Membership on the Platform and / or refuse to provide You with access to the products and/or services on the Platform, if it is detected that You do not meet the criteria as per Clause 2.1.1 of Terms of Service and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. DIGINXTHLT shall bear no responsible for any consequence that arises as a result of misuse of any kind of the Platform or the services rendered therein that may occur by virtue of any person including a minor registering for/on the same.
- Account Information and Security. During the registration process, you will be required to provide us with some basic general information amongst which will include a registered and active email address and a password therein. Keep your email address and other account information up to date and precise. Also, you agree to maintain the security and confidentiality of your password, failure of which may lead to deactivation/disablement of your DIGINXTHLT’s account. DIGINXTHLT shall bear no responsibility whatsoever for the sharing your registered DIGINXTHLT account credentials with other members shall be borne by you and DIGINXTHLT and any of the consequences for such failure on your part to maintain the security and confidentiality. In the event that it comes your notice of unauthorised usage of your DIGINXTHLT’s account information and password, you will be required to inform us at [email protected] within 24 hours of notification of such unauthorised usage.
3. Service & Product Fee, Payments and Offers
- Service & Product Fees: On perusal of display service and products offered by DIGINXTHLT on the Platform and their respective Services & Product Fees (’SPF’), You seek to convey interest in the said displayed/offered service or products on the Platform, designated means on the Platform. Subject to successful registration on the Platform and confirmation of service and/or products by way of the Platform (‘Subscription’), DIGINXTHLT charge the entire SPF for confirmed service and/or product on the Platform vide payment method of credit card, debit card or net banking (‘Payment method’), as the case may be, prior to time and date of commencement of rendering to You of service and/or product by DIGINXTHLT on its Platform (‘Service Commencement Time’). On receipt of the SPF, DIGINXTHLT will through the Platform linked your respective membership Account, will generate a system invoice for selected and confirmed service and/or product on the Platform along with subsequent concurrent invoice from DIGINXTHLT which shall be inclusive of all applicable Taxes. Unless otherwise stated, all SPF and all transactions on the Platform are in United States Dollar (USD) and such applicable currency conversion fee shall apply.
- Refunds: If a Subscription on the Platform:
- You agree that no refund of the SPF will be processed and permitted by DIGINXTHLT in respect of a Subscription vis-à-vis Subscription Session Period for such DIGINXTHLT services/products so made available and accessible to You for 8 (eight) hours from the Service Commencement Time; or
- Is ceased or cancelled by DIGINXTHLT itself, will refund such amounts paid by You, which shall at no juncture exceed the total SPF
- DIGINXTHLT will keep you informed about the features that are free and those that are chargeable. Where SPF apply, you are liable to pay the SPF with all/any associated taxes for your continued use of those applicable services and/or products on the Platform. In general service/product so entailed in a selected Subscription is designed by DIGINXTHLT for 30 (thirty) minutes (with variation plus or minus 10% of time frame based on Subscription’s facet logical ending (‘Subscription Session Period’). Any alternate period of Subscription Session Period shall be intimated to You prior to Service Commencement Time.
- You represent and warrant that you are approved to use the payment method of credit card, debit card or net banking (‘Payment method’) you designate via the Platform. You authorize us and our designated third-party payment processors to charge your designated Payment Method for the total amount of any fees (including any applicable taxes and other charges) you owe to DIGINXTHLT. If the payment method cannot be verified, is invalid, or is otherwise not acceptable to us, your payment may be suspended or cancelled. In case of any errors or mistakes, we reserve the right to correct or to instruct our payment processors to correct, even if payment has already been requested or received. We also may issue refunds, or instruct our payment processors to issue refunds, in accordance with such concerned and conveyed payment polices.
- Free Trials: We may offer subscriptions and other services and or/products on our Platform on free trial basis for a limited period. We will keep you informed of the duration of the free trial, your renewal period, along with the date and amount of your first payment. Your paid subscription will begin and we will only bill you for each selected Subscription session or period until cancellation as soon as your free trial ends.
- Third Party Transactions. Your DIGINXTHLT group or its members may receive offers from third parties, such as discounts, services, courses, sponsorships, or other benefits. DIGINXTHLT is not involved in any dealings or payments between You and third parties, and these Terms of Service do not govern such transactions.
- Queries: In case of any assistance or queries concerning the Subscription or Subscription Session period or SPF or Payment Method or anything less, you make reach out and contact us at contact us at [email protected]
4. Your Content and Privacy
- Your Content: You are solely responsible for your Content. “Content” means any information, material, posted to our Platform or otherwise provide to us such as feedback, discussion, queries, doubts, comments, or suggestions shared with us. You agree that you and your Content shall not violate the rights of any third party such as copyrights, trademarks, contract rights, privacy rights, or publicity rights, this Agreement.
- Content License from You: We do not claim ownership of your Content. However, in order to enable us to operate, improve, promote, and protect DIGINXTHLT and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant DIGINXTHLT a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable, transferable right and license ( including a waiver of any moral rights) to use, host, store, reproduce, amend, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content.
5. Your use of our Platform
- Our Policies, Guidelines and Applicable Laws: When you use our Platform, we require that you follow these Terms of Service, Usage and Content Policies, Privacy Policies, Restrictions, Payment Policies, and Trademark Usage Guidelines. You also agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party. If you do not comply, we may amend, suspend or terminate your account or access to the Platform, at our sole discretion.
- You shall not use Platform for any commercial purposes of any kind or in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company
- Content of Others: DIGINXTHLT does not control the Content of other members. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members.
- Interactions with Others: DIGINXTHLT is not a party to any offline arrangements made through our Platform. DIGINXTHLT does not conduct or require background checks on members, and does not attempt to verify the truth or accuracy of statements made by members. DIGINXTHLT makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.
- No Resale, No Modification: Our Platform contains proprietary and confidential information and is protected by intellectual property laws. Unless DIGINXTHLT expressly permits it through this Agreement, you agree not to amend, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute, decompile, reverse engineer, or disassemble the contents of the Application and / or our Website and/or Services/ products (i.e. the Platform) or alter, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform, or remove any copyright, trademark registration, or other proprietary notices from the contents of our Platform, including any data, or Content of others. If you are a developer working with our API, you should review our API license in Section 5.8, 5.9 and 5.10 of the Terms of Service for more information on how this impacts you.
- No Technical Interference with the Platform: You agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Platform or any hardware used in connection with the Platform or disrupt or interfere with the security of, or otherwise cause harm to, the Platform, materials, systems resources, or gain unauthorized access to Membership Accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites. You will not interfere with any other person or member’s use or enjoyment of the Platform or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Platform;
- Platform Modifications: DIGINXTHLT works hard to continuously improve our Platform. As such DIGINXTHLT has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Platform as it deems fit at any time without notice. You expressly agree that DIGINXTHLT makes no commitment, express or implied, to maintain or continue any aspect of the Platform. You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Platform.
- Third Party Sites and Services: The Platform contains links to third party sites, and is integrated with various third party services, applications and sites that may make available to you their content and products. We do not represent or control these third parties and are not responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.
- API License: DIGINXTHLT offers an application programming interface, also known as an “API”. Subject to your compliance with this Agreement and the policies and guidelines that are part of this Agreement, including our Trademark Usage Guidelines, DIGINXTHLT grants to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to use the DIGINXTHLT application programming interface, including data or other Content made available via the DIGINXTHLT API, (“DIGINXTHLT API”) solely to facilitate the development of communication, interactions, networking, event and group related applications using Platform data and developer tools. We refer to this license in this Agreement as the “API License”. For any application you develop with the DIGINXTHLT API, you agree to do the following:
- Don’t cache or store data you receive via the DIGINXTHLT API for an unreasonable amount of time given the relevance of that data and how it is used on your application.
- Protect any keys used to access the DIGINXTHLT API and any data you receive via the DIGINXTHLT API against unauthorized access, use or disclosure, and immediately report security issues to ________.
- Clearly indicate in the application that the application uses the DIGINXTHLT API but is not verified by DIGINXTHLT LLP.
- Only use the most current version of the DIGINXTHLT API.
- Only use the DIGINXTHLT API in accordance with any documentation or other written instructions provided by DIGINXTHLT, and do not attempt to circumvent any limitations or restrictions.
- Do not introduce any harmful, infringing or unlawful data or material via the DIGINXTHLT API, including viruses or other malware.
- Don’t make unreasonable uses of the DIGINXTHLT API such as uses that substantially replicate our Platform or significant aspects of the Platform, or that mislead, confuse, or surprise members.
- DIGINXTHLT reserves all rights not expressly granted under this Agreement. By availing the utilisation of DIGINXTHLT API, You hereby authorize us to monitor your use of the DIGINXTHLT API in order to verify your compliance with the terms of this Agreement, and to operate, improve and protect the Platform. For more documentation on usage our API, or to request an API key, see our API page.
- You may terminate this API License by discontinuing use of DIGINXTHLT’ API. We may terminate the DIGINXTHLT API at any time for any reason. This API License terminates automatically if (a) you violate any term of this Agreement, (b) we provide a written notice of termination, or (c) we discontinue your access to the DIGINXTHLT API. All sections restricting your access to and use of any data you receive via the DIGINXTHLT API will survive any termination of these API License terms.
- Prohibited Activities: No Member on the Platform shall be act or perform any of the following prohibited activities while accessing and utilising the Platform:
- Any post, upload, publishment, submission or transmission any Content that content (i) is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy; (ii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, ethnicity or group or otherwise objectionable; (iii) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (iv) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
- Use of any program, algorithm or methodology, deep-links, page-scrape, robot, spider or other automatic device or any similar or equivalent manual process, to increase traffic to the Platform;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity
- Stalking, intimidating and/or harassing another and/or inciting other to commit violence or is violent or threatening or promotes violence or actions that are threatening to any other person;
- Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- promotes illegal or harmful activities or substances;
- Post, transmission or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or programs that may harm the Application/services, interests or rights of other Members on the Platform or limit access or use the Platform in any manner that could damage, disable, overburden or impair any of the Platform’s servers or the networks connected to any of the servers on which the Platform is hosted.
- Sans specific and express consent to use or control the same, the display, publish, provide, put forth, share or make available any content or material concerning which You have no rights under law or concerning which You have contractual or fiduciary relationship
- Post, transmission or make available any material that affects the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
- Advertising or selling on the Platform whether the same is for profit or not, any Application or any products, services or domain names or otherwise
- Use any programme, device or algorithm to gain access, acquire, reproduce, replicate observe or monitor the Platform and any content therein through any surreptitiously obtain the same through the Platform.
- Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Platform violate any requirements, procedures, policies or regulations of networks connected to the Platform, or engage in any activity prohibited by these Terms of Service;
- Soliciting Members or others including, without limitation, solicitations for contributions, political funding, religious funding or donations or use any public forum for commercial purposes and inducements of any kind or otherwise solicit any Member or recruit by employee of DIGINXTHLT, as the case may be, to join a competitor of DIGINXTHLT;
- Use of the Platform for purposes that are (i) that violates or is not permitted by these Terms of Service; and (ii) any applicable law, statutory guidelines, legislations, regulation or generally accepted business practices or guidelines in the relevant jurisdiction;
You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (referred to in this Agreement as “DIGINXTHLT Parties”) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this Agreement as “Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with any group or any event, within or outside the Platform.
You agree to indemnify, defend and hold all DIGINXTHLT, its officers, directors, employees and agents, harmless from any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, made due to or arising in any way out of (a) your violations of these Terms of Service, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or interaction with any Member or a group or an event that violates these Terms of Service. You agree to promptly notify us of any third party Claims, cooperate with DIGINXTHLT in defending such claims and pay all fees, costs and expenses associated with defending such Claims [including but not limited to costs any injuries, losses, expenses or damages (compensatory, direct, incidental, consequential or otherwise)]. You agree not to settle any Claim without our prior written consent.
8. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
- WARRANTY DISCLAIMER: OUR PLATFORM IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO STATUTORY WARRANTIES, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ALSO DISCLAIM ANY WARRANTIES REGARDING (A) THE RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF OUR PLATFORM, (B) ANY INFORMATION, ADVICE, SERVICES, OR GOODS OBTAINED THROUGH OR ADVERTISED ON OUR PLATFORM OR BY US, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS TO OTHER WEBSITES OR RESOURCES PROVIDED THROUGH OUR PLATFORM, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE PLATFORM, AND (D) THE CORRECTION OF ANY ERRORS IN THE PLATFORM, (E) ANY MATERIAL OR DATA OBTAINED THROUGH THE USE OF OUR PLATFORM, AND (F) DEALINGS WITH OR AS THE RESULT OF THE PRESENCE OF MARKETING PARTNERS OR OTHER THIRD PARTIES ON OR LOCATED THROUGH OUR PLATFORM. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/PRODUCTS (i.e. THE PLATFORM) IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS
- LIMITATION OF LIABILITY: YOU AGREE THAT IN NO EVENT SHALL ANY DIGINXTHLT PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY DIGINXTHLT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN CONNECTION WITH (A) OUR PLATFORM OR THIS AGREEMENT OR THE INABILITY TO USE OUR PLATFORM (HOWEVER ARISING, INCLUDING OUR NEGLIGENCE), (B) STATEMENTS OR CONDUCT OF OR TRANSACTIONS WITH ANY MEMBER OR THIRD PARTY ON THE PLATFORM, (C) YOUR USE OF OUR PLATFORM OR TRANSPORTATION TO OR FROM DIGINXTHLT EVENTS, ATTENDANCE AT DIGINXTHLT EVENTS, PARTICIPATION IN OR EXCLUSION FROM DIGINXTHLT GROUPS OR DIGINXTHLT EVENTS AND THE ACTIONS OF YOU OR OTHERS AT DIGINXTHLT EVENTS, OR (D) ANY OTHER MATTER RELATING TO THE PLATFORM. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF RS.100 OR THE AMOUNT OF FEES, IF ANY; YOU PAID TO US WITHIN 12 MONTHS PRIOR TO THE ACTION THAT MAY GIVE RISE TO LIABILITY. THE LIMITATIONS SET FORTH ABOVE IN THIS SECTION 8 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, MALICIOUS, OR RECKLESS MISCONDUCT.
9. Governing Law and Dispute Resolution
9.1 The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the Parties shall be governed by the laws of India.
9.2 In the event of any dispute arising between the parties with respect to these Terms of Service, the same shall be referred to the Sole Arbitrator and the arbitration shall be in accordance with Arbitration and Conciliation Act of 1996 (or such subsequent Act or amendment as per laws of India). The language of arbitration proceeding shall be English. The seat and place of arbitration shall be Bengaluru, Karnataka and the decision of the Arbitrator shall be final and binding on both parties herein. This Policy and terms and conditions therein shall be subject to the exclusive jurisdiction of courts in Bengaluru, Karnataka, India and shall be governed by the Indian laws.
10. Intellectual Property
- DIGINXTHLT’ Intellectual Property: “DIGINXTHLT Intellectual Property” means all of DIGINXTHLT’ intellectual property and intellectual property rights worldwide including, but not limited to, inventions, patents, copyright (including renewal rights), trademarks, trade names, logos, service marks, corporate names, trade secrets, know-how, mask works, text, images, confidential information, computer software (including source code), processes, discoveries, methods, graphics, video, script and audio, contained in the Application, Website, Services & Products, domain names and all other forms of intellectual property, whether registered or not, and any applications for registration thereof anywhere in the world, in the name of DIGINXTHLT;
- No DIGINXTHLT Intellectual Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from DIGINXTHLT and nothing on the Platform shall be or deemed to confer a license of or any other right, interest or title to or in any of DIGINXTHLT Intellectual Property rights, to You.
- DIGINXTHLT’ Trademark Usage Guidelines explain how you may and may not use them. Our Platform, including our material on the Platform, is also our or our licensors’ intellectual property. Except as described in the Trademark Usage Guidelines and as otherwise permitted by law, you agree not to use DIGINXTHLT’ intellectual property without our prior written consent.
- Intellectual Property of Others:
- DIGINXTHLT respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that infringes on the intellectual property rights of others. We may also restrict or terminate access to our Platform to those who we believe to be repeat infringers.
- Subject to reading of Clause 10.5.1. of this Terms of Service, You agree and acknowledge that certain contents on the Platform may belong to third parties and the said content is reproduced by DIGINXTHLT reproduced with prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.
This Terms of Service shall be effective for till the time You have access or utilise the Platform or continue downloading or posting any content from or on the Platform or until such time You or DIGINXTHLT, as per Clause 12 of these Terms of Service, terminate the same.
12. Termination for Convinience
- You may terminate this Agreement at any time via the “Cancel Account” feature on the Site or by sending us an email. If you cancel your DIGINXTHLT Account, any and all Subscription/s will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy. Without limiting our rights specified below, DIGINXTHLT may terminate this Agreement for convenience at any time by giving you 30 days’ notice via email to your registered email address.
- If You violate or cause material breach of the Terms of Service, the same may result in immediate suspension or termination of Your Membership Account or access to our Platform and same shall preclude DIGINXTHLT from its reserved rights to pursue any legal remedy available. In such instances, the Company may also disclose Your Membership Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms of Service could also result in civil or criminal liability under applicable laws.
- In case non-material breach of Terms of Service, DIGINXTHLT shall issue you a notice and opportunity to rectify/resolve the said breach.
13. FORCE MAJEURE
In the event that (i) DIGINXTHLT is unable to observe or perform the terms of these Terms of Service; (ii) access to the Platform is blocked; (iii) The Platform are suspended or made unavailable by reason of causes beyond its control including (but not limited to) equipment, system or transmission link malfunction or failure, fire, lockdown, pandemic, flood, explosion, acts of elements, acts of God, accidents, epidemics, strikes, evacuation, notified disasters, lockouts, power blackouts or failure, labour disputes, legislative requirement, administrative order, court order or by any other causes which are cannot be or beyond the control or reasonably be expected to avoided, the performance of DIGINXTHLT ‘s obligations as affected by such causes shall be excused for the duration of the such events. DIGINXTHLT shall not be liable for any delay, loss, damage or inconvenience whatsoever caused or arising from or in connection with any one or more of the above-mentioned events. In the event that such events cause DIGINXTHLT to terminate the offering of Subscription, DIGINXTHLT shall not be liable for any damage, costs or expenses, and shall not be required to refund any fees paid.
- Notices: Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given to [email protected] or such other option on the Platform to DIGINXTHLT. Any notice to you shall be given to the most current email address in your account.
- Entire Agreement: These terms of Service, including the Usage and Content Policies, Privacy Policies, Restrictions, Payment Policies, and Trademark Usage Guidelines, constitutes the entire agreement between you and DIGINXTHLT, superseding any prior agreements between you and DIGINXTHLT on such subject matter.
- No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and DIGINXTHLT is intended or created by this Agreement. A member of the DIGINXTHLT Platform is not DIGINXTHLT’ representative or agent, and may not enter into an agreement on DIGINXTHLT’ behalf.
- Assignment: This Agreement is not assignable, transferable or sub licensable by you except with DIGINXTHLT’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of DIGINXTHLT’ assets, or similar transaction.
- No Waiver: A Party’s failure to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
- Severance: If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and DIGINXTHLT nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
- Survival: If You or we terminate this Terms of Service, the clauses of these Terms of Service that reasonably should survive termination of the Agreement will remain in effect.
- Violations: Please report any violations of this Terms of Service by a You or Member or third party given to [email protected] or any such other option on the Platform.
Cookies: What are they?
Cookies are small data files which are downloaded to your device when you visit a website.
Duration of Cookies:
Some cookies, known as “session cookies”, will stay on your device only for as long as you are accessing our Platform. Others, known as “persistent cookies”, are stored on your device for longer periods. These files so either session or persistent, pixels/tags, SDKs, application program interfaces (“APIs”), and other technologies collectively, “Cookies” on certain pages of the Website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow us to recognize your device.
How do We Utilise the Cookies?
It is our intent to inform you before we do that and to tell you what we intend to do with the information. DIGINXTHLT use the information we collect from and about you for a variety of purposes:
- DIGINXTHLT ads: We partner with third party publishers, advertising networks and service providers to manage our ads on other sites. Our third party partners may set cookies on your device or use the technologies described below to gather information about your activities on the Platform and other sites and online services you use, in order to provide you with DIGINXTHLT ads that match member profiles or interests. For example, if you visit our Platform and also use a social media platform, you may see a DIGINXTHLT ad on those social media platforms.
- Third party advertisers: We may work with advertisers, and advertising service providers to serve ads that may be relevant to you based on your inferred interests, location or other information collected about you, which may use a cookie or the technologies described below, placed by DIGINXTHLT or the third party (although we would not share any other information that identifies you with an advertiser) on our Platform, or on a third party website or online service. The placing of these technologies on your device may enable you to be identified across multiple websites and online services.
- Generate and review reports and data about, and to conduct research on, our user base and Service usage patterns.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- Notify you about changes to our Services.
- Allow you to participate in interactive features offered through our Services.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
Use of Other Technologies: We may allow others to provide analytics services and serve advertisements on our behalf. In addition to the uses of cookies described above, these entities may use other methods, such as the technologies described below, to collect information about your use of the Platform and other websites and online services.
Pixels tags: Pixel tags (which are also called clear GIFs, web beacons, or pixels), are small pieces of code that can be embedded on websites and emails. Pixels tags may be used to learn how you interact with our site pages and emails, and this information helps us and our partners provide you with a more tailored experience.
Device Identifiers: A device identifier is a unique label can be used to identify a mobile device. Device identifiers may be used to track, analyse and improve the performance of the Platform and ads delivered.
Local storage: Local storage is an industry-standard technology that enables the storage and retrieval of data on a computer, mobile phone or other device. Local storage may be used to store member preferences on devices.
Most devices and web browsers are set to accept cookies by default. If you prefer, you may be able to remove or reject cookies. You can learn more about how to block cookies by visiting allaboutcookies.org. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Platform.
Revisions to this Policy