Terms and Conditions
MMJS DataPhi is the owner and publisher of www.dataphimmjs.com (hereinafter referred to as the “Website”, the term shall unless repugnant to the context thereof mean include all websites and online resources owned by MMJS DataPhi including but not limited to www.dataphimmjs.com and any mobile application). These Terms and Conditions (hereinafter referred to as “Terms” shall govern the use of the Website by any person (hereinafter referred to as “User” willing to access the website and / or use any of the Services offered by the Website. All Users are requested to read through understand and accept these Terms and the Privacy Policy www.mmjs.com prior to using the Website.
It is disclaimed that these Terms constitute as an electronic document defined under the Information Technology Act (IT) 2000 and/or any other law as amended by the IT Act 2000. These Terms do not require any signatures (physical or digital) and the User shall be bound by these Terms and Privacy Policy by accessing the Website. Also, use of the Services offered by the Website by any User shall be construed as such person’s acceptance of these Terms. Any User not agreeing to these Terms shall not use any Services provided by the Website in any manner whatsoever.
Any User accessing the Website and willing to avail the Services offered by the Website must have attained the prescribed minimum age i.e. 18 (Eighteen) years to enter into a valid contract and must be competent to enter into a contract under all applicable laws. Any User below the prescribed minimum age is advised to use the Website and/or any Services offered by the Website through their guardians or parents. No User below the prescribed age is allowed to use the Website in their personal capacity and in the event so done, shall be liable for their actions. MMJS DataPhi, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise/ amend/alter/delete these Terms, in part or as a whole, at any point in time. Users are advised to keep themselves updated. The Website is under no obligation to intimate any User regarding any revisions/ amendments/alterations or deletions made by the Website.
- DEFINITIONS
1.1 “Content” shall mean and include but not limit to any text, software, scripts, graphics, photographs, sounds, music, videos, audio-visual combinations or any other such material available on the Website.
1.2 “Force Majeure” shall mean any and all events beyond the control of the Website, which restricts MMJS DataPhi from performing its duties and obligations contained hereinunder, including but not limited to any act of God, war, riot, black outs, terrorist attacks, failure in supply of water or electricity, electrical surges or spikes.
1.3 “Intellectual Property” shall mean collectively or individually, the following worldwide rights relating to intangible property, whether or no filed, perfected, registered or recorded and whether now or hereafter existing, issued or acquired: (i) patents, patent disclosures, patent rights, know-how, including any and all continuations, continuations-in-part, divisions, reissues, re-examinations, utility, model and design patents or any extensions thereof; (ii) rights associated with works of authorship, including without limitation, copyrights, copyright applications, copy right registrations; (iii) rights in trademarks, trademark registrations, and applications therefore, trade names, service marks, service names, logos, or trade dress; (iv) rights relating to the protection of trade secrets and Confidential Information; and (v) internet domain names, internet and world wide web URLs or addresses; and (vi) any and all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained.
1.4 “Services” shall mean any and all services made available to the Users on the Website.
- GENERAL
2.1 Users shall ensure that the use of the Website shall be in compliance with the applicable laws in the User’s jurisdiction.
2.2 The Website is made available only for individuals who have attained the minimum prescribed age to enter into a contract. Any User below the minimum prescribed age may access and use the Website only under the supervision of a parent or a guardian who has attained majority. Any use and access in violation of this Provision shall be considered fraudulent and the Website reserves all rights to take necessary actions available under law.
2.3 The Users shall ensure that they do not sub-license, sell, offer for sale, rent, commercially exploit the rights provided/ granted by the Website, if any. The Users shall not at any given circumstance modify or alter any Service offered by the Website.
2.4 The User are prohibited from violating or attempting to violate the security of the Website, including, without limitation,
(1) accessing data not intended for such User or logging into a server or account which the User is not authorized to access,
(2) attempting to probe, scan or test the vulnerability of a system or network or to breach the security or authentication measures without proper authorization,
(3) attempting to interfere with Service to any User, host or network, including without limitation, via means of submitting any virus or malware to the Website, overloading, “flooding”, “mail bombing” or “crashing”, or
(4) sending unsolicited electronic mail, including promotions and/or advertising of products or services or
(5) modify or attempt to hack the Website. Violations of system or network security may result in civil and criminal liability. The Website and/or MMJS DataPhi shall reserve the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
2.5 All Services offered by the Website is provided on an “AS-IS” basis and the Users may choose to avail the Services at their option and at their risk.
2.6 Users shall not use the Website for any purpose which is contrary to the activities permitted under these Terms or that which is prescribed and allowed by law.
2.7 Users shall not block or restrict the use of the Website for any other User.
2.8 Users shall not advertise, market, promote anything without expressed written consent of the Website.
2.9 The Users shall not hack, reverse engineer, replicate, reproduce any Product, Service or any materials on the Website.
2.10 User shall not in a manner infringe the copyright, trademark, trade secret or any other intellectual property rights of the Website or others or violate the privacy or publicity of other personal rights of others, or transmit any material that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
2.11 The Website may contain or may provide links to other Websites. These links are provided solely as a convenience to Users. Wherever such link/s lead to sites which do not belong to MMJS DataPhi and/or its associate entities, MMJS DataPhi is not responsible for the content of linked sites and does not make any representations regarding the correctness or accuracy of the content on such Websites. If the Users decide to act upon the information provided on such websites, they may do so at their own risk. The Website or MMJS DataPhi and/or its associate entities shall not be responsible for any losses that the Users may incur as a result of their use of such websites. The Website does not in any way solicit or promote use of such websites. Similarly, this Website can be made accessible through a link created by other websites. Access to this Website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to this Website are necessarily the same or similar to the idea, concept, aim or purpose of our web site or that such links have been authorised by MMJS DataPhi and / or its associate entities. In the event that any link/s afforded by any other web site/s are derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Website is utilised to visit this Website and such event is brought to the notice or is within the knowledge of MMJS DataPhi and / or its associate entities, civil or criminal remedies as may be appropriate shall be invoked.
III. INDEMNITY AND LIMITATION OF LIABILITY
3.1 Users shall be liable to defend, indemnify and hold the Website, MMJS DataPhi, its officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney fees, expert witness fees, and costs of litigation arising out of Users use of the Website, Products, Services, or any violation of any rights of a third party.
3.2 USERS HEREBY ACCEPT AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE WEBSITE,MMJS DATAPHI, ITS SERVICE PROVIDERS, PARTNERS, AGENTS, AFFILIATES, REPRESENTATIVES, AGENTS, EMPLOYEES OR DIRECTORS BE LIABLE FOR ANY LOSS, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF REVENUE, LOSS OF OPPORTUNITY OR LOSS OF INFORMATION WHETHER ARISING OUT OF THIS AGREEMENT, UNDER TORT (INCLUDING NEGLIGENCE) OR DUE TO THE USE OF THE SERVICES REGARDLESS OF WHETHER THE WEBSITE HAD BEEN ADVISED OF THE POSSIBILITY OF THE SAME.
- INTELLECTUAL PROPERTY
4.1 Any and all Intellectual Property present anywhere within the Website or the Products or Services, including but not limited to any patents, trademarks, logos, icons, domain names or copyright, shall be that belonging to the Website or otherwise duly licensed or obtained and Users shall not in any manner use the same unless with the express written consent from the Website.
4.2 Users are hereby expressly prohibited from reverse engineering, decompiling, disseminating, disassembling or using any other means to know, understand or obtain the source code forming a part of the Website.
4.3 In the event, any User infringes or makes any unauthorised use of any Intellectual Property belonging to the Website, the Website reserves the right to exercise all rights and remedies available to it under any law.
4.4 Material and content available anywhere on the Website or the Products or Services may be made available subject to certain limitations including limitations pertaining to its use, reproduction, distribution and dissemination. Users shall be solely responsible in ensuring that they are complying with such limitations.
- REPRESENTATIONS AND WARRANTIES
5.1 THE WEBSITE HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND THE SERVICES AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES SHALL BE CONTINUOUS, UNINTERRUPTED, ERROR FREE, FREE FROM ANY VIRUSES OR SHALL SERVE THE PURPOSES INTENDED BY THE USER. NEITHER DOES WAN MAKE ANY REPRESENTATIONS OR WARRANTIES PERTAINING TO THE ACCURACY, RELIABILITY, FITNESS, MERCHANTABILITY OR COMPATIBILITY OF THE WEBSITE OR THE SERVICES.
5.2 ALL OF THE INFORMATION PROVIDED BY THE WEBSITE ANYWHERE WITHIN THE WEBSITE SHALL BE PROVIDED ON AN ‘AS IS’ BASIS AND USERS MAY RELY ON THE SAME ONLY AFTER CONSULTING WITH AN EXPERT.
5.3 THE WEBSITE HEREBY EXCLUDES ANY AND ALL REPRESENTATIONS AND WARRANTIES TO THE EXTENT PERMITTED UNDER LAW
- CONTACT
6.1 Any User wishing to contact the Website for anything may do so by referring to the Website contact page.
VII. MODIFICATIONS
7.1 The Website reserves the right to modify or amend the whole or any part of these Terms without any prior notice. In the event of any amendments or modifications to the same, the revised Terms shall commence to be binding upon the User from the time it is made available on the Website. Hence, all Users are requested to frequently check for revisions of the Terms.
7.2 The Website reserves the right to introduce new limitations with regard to the access and use of the Website and the Services at any time and without any notice.
VIII. ENTIRETY
8.1 These Terms and any other policy implemented by the Website from time to time shall form the entire agreement and understanding between the Users and the Website.
- SEVERABILITY
9.1 In the event that any part of these Terms is found to be invalid, unlawful or otherwise unenforceable, such invalid, unlawful, unenforceable portion shall be completely severable from this Agreement and shall be replaced with a provision that most closely reflects the Website’s intention while remaining valid, lawful and enforceable
- WAIVER
10.1 Any delay on the part of the Website in taking appropriate action against any User shall not be construed as a waiver of the Website’s right and shall not impede the Website’s right of taking action at a later stage.
10.2 The Website reserves the right to introduce new limitations with regard to the access and use of the Website and the Services at any time and without any notice.
10.3 THE WEBSITE HEREBY EXCLUDES ANY AND ALL REPRESENTATIONS AND WARRANTIES TO THE EXTENT PERMITTED UNDER LAW
- ARBITRATION, GOVERNING LAW AND JURISDICTION
11.1 In the event of a dispute or claim arising with regard to this Terms or any other Website policy, the Users and the Website shall first attempt to resolve the same amicably through discussions.
11.2 In the event that the Parties are unable to solve the disputes or claims in an amicable manner, the Parties shall attempt to resolve the same through Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as amended from time to time. The Arbitrator shall be appointed by the Website and Users hereby consent to the same. The seat for such Arbitration shall be Mumbai and all Arbitration proceedings shall be in English.
11.3 In the event that the Parties are unable to solve the disputes or claims in an amicable manner, the Parties shall attempt to resolve the same through Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as amended from time to time. The Arbitrator shall be appointed by the Website and Users hereby consent to the same. The seat for such Arbitration shall be Mumbai and all Arbitration proceedings shall be in English.
11.4 These Terms shall be governed by and construed in accordance with all applicable laws of India and the courts at Mumbai shall have exclusive jurisdiction over any matter arising out of these Terms.
