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Disclaimer

THE Website AND ALL SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER Dvsion, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (1) THE Website; (2) ANY INFORMATION PROVIDED VIA THE Website; (3) THE SERVICES, OR (4) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO Dvsion, OR VIA THE Website. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LOST PROFITS, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

 

Dvsion DOES NOT REPRESENT OR WARRANT THAT THE Website INCLUDING THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE Website OR THE SERVER THAT MAKES THE Website AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. Dvsion DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OFFERED ARE ACCURATE, COMPLETE, OR USEFUL. Dvsion DOES NOT WARRANT THAT YOUR USE OF THE Website IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND Dvsion SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

 

Limitation of Liability

IN NO EVENT SHALL Dvsion, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Dvsion IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (1) YOUR USE OR INABILITY TO USE THE Website OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE Website, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR Website INCLUDING THE SERVICES, (3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR Website TO YOU, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR Website VIA A THIRD PARTY, (5) ANY FAILURE OR DISRUPTION OF SERVICES WHETHER INTENTIONAL OR UNINTENTIONAL,  OR (6) ANY ACTION TAKEN IN CONNECTION WITH ANY THIRD PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (1) death or personal injury caused by Dvsion’s negligence or that of any of its officers, employees or agents; (2) fraudulent misrepresentation; or (3) any liability which it is not lawful to exclude either now or IN THE FUTURE.  WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR Website INCLUDING OUR SERVICES.

 

Indemnity

You agree to defend, indemnify and hold harmless Dvsion, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

 

your use of and access to Dvsion Website including any services;

your violation of any term of this Agreement;

your interactions with any other uses or third parties; or

your violation of any third party right, including without limitation any copyright, property, or contractual right.

This defense and indemnification obligation will survive this Agreement and your use of Dvsion Website. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

 

Copyrights

We take copyright infringement very seriously.  If you believe that any content owned by you has been infringed upon please send us a message which contains:

 

Your name.

The name of the party whose copyright has been infringed, if different from your name.

The name and description of the work that is being infringed.

The location on our Website of the infringing copy.

A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.

A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send an email to our Copyright Agent: Copyright Agent of Dvsion.

 

Counter Notice

 

In the event that you receive a notification from Dvsion stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA.  Your counter-notice must contain the following:

 

Your name, address, email and physical or electronic signature.

The notification reference number (if applicable).

Identification of the material and its location before it was removed.

A statement under penalty of perjury that the material was removed by mistake or misidentification.

Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your internet service provider is located (if you are not in the US).

Your consent to accept service of process from the party who submitted the takedown notice.

Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements.    Please send this counter-notice in accordance with the takedown notice instructions above.

 

Choice of Law

This Agreement shall be governed by the laws in force in the state of Telangana, INDIA. The offer and acceptance of this contract is deemed to have occurred in the state of Telangana, INDIA.

 

Disputes

Any dispute relating in any way to your visit to the Website or our Website shall be submitted to confidential arbitration in Hyderabad, Telangana, INDIA.  Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where allowed by the Rules, Dvsion may make any and all appearances telephonically or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.   Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the above mentioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Hyderabad, Telangana, INDIA.

 

Class Action Waiver

You and Dvsion agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis.  You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

 

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

 

If two or more provisions of this Agreement or any other agreement you may have with Dvsion are deemed to conflict with each other’s operation, Dvsion shall have the sole right to elect which provision remains in force.

 

Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

 

Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.  All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Licensing, Indemnification, and Arbitration sections.

 

Termination

You may cancel your Paid Subscription or your account at any time by sending an email to unsubscribe@dvsion.in. Any refunds are subject to the refund terms contained in this Agreement. Please be aware that upon termination of your account, access to portions of our Website may become immediately disabled.  We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Website; (2) if you have violated this Agreement or as permitted by the Website; or (3) if we believe that any of your actions may legally harm Dvsion or our business interests, at our sole decision or discretion.  In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.

 

Entire Agreement

This Agreement along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.

 

Electronic Communications

The communications between you and Dvsion use electronic means, whether you visit the Website or send Dvsion e-mails, or whether Dvsion posts notices on the Website or communications with you via mobile notifications or e-mail.  For contractual purposes, you (1) consent to receive communications from Dvsion in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Dvsion provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

 

Relationship of the Parties

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and Dvsion.

 

Website Issues and Support

Where you have any questions, issues, or if you are having trouble accessing or using the Website, please contact us by submitting a ticket.

 

Additional Information

This Policy is part of the ToU of the Website & any use of the Website is governed by those ToU. Questions regarding this Policy or the practices of the Site should be directed to Dvsion’ administrator by emailing such questions to contactus@dvsion.in or by certified mail addressed to Aalii Consulting LLP, Plot No 30 & 18, SY. No 28/Part, Bachupally, Hyderabad, Telangana, 500090, INDIA, ATT: Management.

 

Updates To Our Policy

If we make any material changes to this Privacy Policy, we will post a notice on this Website notifying users of the changes. In some cases, we also may send an email notifying users of the changes. You should check this Website periodically to see if any recent changes to this Privacy Policy have occurred. If you have any questions regarding this Privacy Policy, you should contact our Customer Service Department.

 

How To Contact Us

If you have any questions regarding the Dvsion privacy policy or information that you have submitted to us, please feel free to contact us at:

 

Email: contactus@dvsion.in

Mailing Address: Aalii Consulting LLP, Plot No 30 & 18, SY. No 28/Part, Bachupally, Hyderabad, Telangana, 500090, INDIA, ATT: Management.

 

Promotions

We occasionally offer upsell promotions during our check out process. These upsell opportunities are standalone offers and can not be combined with any other offers.

Testimonials

We need to have solid testimonials from clients

Ratings of our services should be incorporated into our website (Trust pilot)

We need to think so some innovative way to say thanks to our customers (eg: airtel thanks) or customer badges

 

Client Login (project progress)

We need to offer customers a login to check the progress of the project (we can use any project management tool (with member ID) this will be used for further reference to.