This is an Agreement (“Agreement”) between Discus IT Pvt Ltd., herein (“DIT”), having an office and place of business at Gujarat, India, and the entity agreeing to the terms herein (“Participant”, “You”, “you” or “Customer”). By using or accessing any part of the Service, You agree that you have read, understand, and agree to be bound by all of these terms and conditions. If you do not agree to all of these terms and conditions, you must not use or access the Service. If you are entering into this Agreement on behalf of a company, you acknowledge that you have the authority to bind that company to the terms of this Agreement.
DIT provides software as a web service, also referred to as cloud service, (herein after referred as “Service” or “Services”). The Service is offered and provided subject to the terms and conditions of this Agreement. You may use the Services for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
DIT reserves the right to update and change the Terms of Service from time to time; an updated classify version will be published on our website. If we make significant changes to the Terms that affect your rights, you may terminate your use of the Services. Your continued use of the Service after any changes shall constitute your consent to such changes. The most current version of the Terms of Service at any time on our website.
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) post links to third party sites or use their logo, company name, etc. without their prior written permission; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication (ix)use the Services for spamming and/or other illegal purposes.
Confidential Information of DIT shall mean the Services other than the Customer Data. Confidential Information of the Customer shall mean all business information of Customer and shall include the Customer Data. Confidential Information does not include any information which is in the public domain (other than through a breach of this agreement), which is independently developed by the recipient or which is received by a third party, not under restriction. The recipient will not disclose the Confidential Information, except to affiliates, employees, agents, professional advisors, or third party vendors who participate in providing Services hereunder who need to know it and who have agreed to keep it confidential.
The recipient will ensure that those people and entities use the received Confidential Information only to exercise the rights and fulfill obligations under this Agreement while using reasonable care to keep it confidential. The recipient may also disclose Confidential Information to the extent required by an order of a government entity of appropriate jurisdiction; provided that the recipient uses commercially reasonable efforts to promptly notify the other party of such disclosure before complying with such order.
IN NO EVENT SHALL DIT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF DIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DIT RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL DIT'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE LAST 3 MONTHS FEES PAID BY YOU TOWARDS SUCH SERVICE.
This Agreement will be governed by and construed in accordance with the laws prevailing in India and all disputes, claims arising out of this agreement will be within the jurisdiction of the court of law in Ahmedabad.
Last Updated: October 03, 2019