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  • Terms and Conditions - DHONDI

    Terms and Conditions

    Introduction and Terms of Use

    The terms and conditions contained hereinafter ("TERMS OF USE") shall apply to the use of the website www.dhondi.ai and any other linked pages, products, software(s), API keys, features, content or application services (including but without limitation to any mobile application services) in connection therewith, offered from time to time by Bhagubai Damaji Automation Pvt Ltd ("DHONDI" or "WE" or "OUR" or "US") (collectively, "WEBSITE").

    Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website ("SERVICES")) (hereinafter referred to as a "USER", "SELLER", "YOU" or "CLIENT") shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately put up on the Website) and unconditionally and irrevocably accepted the terms and conditions set out herein (these Terms of Use). These Terms of Use, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the User and Dhondi. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with Dhondi or other services.

    Please read the terms set out hereunder carefully before agreeing to the same. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Website. You can accept the Terms of Use by:

  • Clicking to accept or agree to the Terms of Use, where this option is made available to you by Dhondi in the User interface for any particular Service; or
  • Accessing, testing or actually using the Services. In this case, you understand and agree that Dhondi will treat your use of the Services as acceptance of the Terms of Use from that point onwards.
  • For the purpose of these Terms of Use, wherever the context so requires, the term "User" shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.

    It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read contemporaneously with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For the avoidance of doubt, if any of the provisions become void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User.

    The Terms of Use may be revised or altered by us at our sole discretion at any time without any prior intimation to the User. The latest Terms of Use will be posted here. Any such changes by Dhondi will be effective immediately. By continuing to use this Website or to access the Services/usage of our Services after changes are made, you agree to be bound by the revised/ amended Terms of Use and such amendments shall supersede all other terms of use previously accepted by the User. You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI (the "KYC GUIDELINES") etc., that may be applicable to you in connection with your business and use of our Services.

    Provision of the Services being offered by Dhondi

    Subject to these Terms of Use, Merchant Onboarding Policy, KYC Policy, Disputes and Grievance Redressal Policy and Privacy Policy (collectively, "POLICIES"), Dhondi offers the Services set forth in Schedule I herein.

    Schedule I also contains descriptions and process flows of all Services that are offered to Users.

    Dhondi is constantly evolving in order to provide the best possible experience and information to its Users. You acknowledge and agree that the form and nature of the Services which Dhondi provides may change from time to time without any prior notice to you.

    As part of this continuing process, you acknowledge and agree that Dhondi may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at Dhondi’s sole discretion, without any prior notice. You may stop using the Services at any point in time. You do not need to specifically inform Dhondi when you stop using the Services.

    You acknowledge and agree that if Dhondi disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account, and Dhondi shall intimate you regarding the same.

    You acknowledge and agree that if Dhondi disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account, and Dhondi shall intimate you regarding the same.

    Dhondi reserves the right to delete your User information stored in your account including but not limited to all data or information stored in your User account. Alternately, a User may notify us if they do not wish that we retain or use the personal information by contacting us at dhondi.ai/contact-us. However, in such a case, we may not be able to provide you with some or all of our Services.

    You acknowledge and agree that while Dhondi may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, such fixed upper limits may be set by Dhondi at any time, solely at Dhondi's discretion.

    By using our Services you agree that Dhondi disclaims any liability or authenticity of any information that may have become outdated since the last time that particular piece of information was updated. Dhondi reserves the right to make changes and corrections to any part of the content of this Website at any time without any prior notice to you. Unless stated otherwise, all pictures and information contained on this Website are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock. Please contact the Grievance Officer by e-mail if you are the copyright owner of any content on this Website and you think the use of the above material violates the terms of the applicable copyright law in any manner. In your request, please indicate the exact URL of the webpage to enable us to locate the same. We will endeavour to address your concerns and take the necessary steps if required. Please note that all images displayed on the Website have been digitised by Dhondi. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Dhondi.

    Use of the Services by User

    In order to access certain Services, you may be required to open a User account with Dhondi by providing information about yourself (such as identification or contact details) as part of the registration process ("REGISTRATION DATA") for the Services, or as part of your continued use of the Services. You agree that any Registration Data you give to Dhondi will always be accurate, correct, complete and up to date. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is in violation of applicable law or not in accordance with the Terms of Use (whether wholly or in part), we reserve the right to reject your registration and/ or indefinitely suspend or terminate your User account and refuse to provide you access to the Website. Further, you agree to indemnify and keep us indemnified from and against all claims resulting from the use of any detail/ information/ Registration Data that you post and/ or supply to us. We shall be entitled to remove any such detail/ information/ Registration Data posted by you without any prior intimation to you.

    Notwithstanding anything else contained in any other agreement involving you and Dhondi and/ or any other third party, in order to ensure that we are not violating any right that you might have in your Registration Data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data that you have supplied to us.

    Any amendment or rectification of your Registration Data in the User account can be carried out by accessing the "User account" section on the Website. You may choose to delete any or all of your User Content/ information or even the User account at any time. Processing such deletion may take some time, but the same shall be done by Dhondi. We may maintain a backup of all User Content for such time as may be required under applicable laws and for operational purposes of Dhondi. You are solely responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure on your part to protect your login ID or password or any other credential pertaining to your account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately at hello@dhondi.ai. In the event of any dispute between two or more parties as to ownership of any particular account with Dhondi, you agree that Dhondi shall be the sole arbitrator for such dispute and that Dhondi's decision in this regard will be final and binding on you.

    You understand and undertake that you shall be solely responsible for your Registration Data and User content and undertake to, neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:

  • Belongs to another person and to which you do not have any right to;
  • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  • Harms minors in any way;
  • Infringes any patent, trademark, copyright or other proprietary rights of any person or entity anywhere in the world;
  • Violates any law for the time being in force;
  • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • Impersonates another person;
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
  • Is illegal in any other way.
  • You agree and understand that Dhondi reserves the right to remove and/or edit such detail/ information. If you come across any information as mentioned above on the Website, you are requested to immediately contact us.

    You agree to use the Services only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

    You agree to use the data owned by Dhondi (as available on the Website or through any other means like API(s) etc.) only for personal purposes and not for any commercial use unless agreed to by Dhondi in writing.

    You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Dhondi unless you have been specifically allowed to do so in a separate agreement with Dhondi. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

    You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) on this Website.

    Unless you have been specifically permitted to do so in a separate agreement with Dhondi, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

    You agree that you are solely responsible for (and that Dhondi has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Dhondi may suffer) of any such breach. You further agree to the use of your data by us in accordance with the Privacy Policy.

    Dhondi may share any Content (defined hereinafter) generated by the User or their Registration Data with governmental and regulatory agencies who are lawfully authorised for investigative, protective and cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, investigation, prosecution pertaining to cyber security incidents and punishment of offences under any law for the time being in force.

    If you have opted for use of Dhondi's 'subscriptions' product by virtue of which your customers have set up a standing instruction ("RECURRING PAYMENT INSTRUCTION") to charge his/ her chosen payment method (such as credit card, debit card or bank account) as per the billing cycle communicated by you to Dhondi, then you consent that the relevant amount will be charged to such payment method as per the billing cycle communicated to Dhondi. You agree that Dhondi shall continue to charge the relevant amount to the relevant customer's chosen payment method as per such billing cycle until you or the customer terminates the Recurring Payment Instruction.

    You further agree that if the customer revokes his/ her consent to the Recurring Payment Instruction then you shall inform us of the revocation in writing for us to cease processing the Recurring Payment Instruction forthwith upon the revocation but no later than 7 (seven) days prior to the next instance of charge to the customer. If such intimation of revocation of Recurring Payment Instruction is made less than 7 (seven) days prior to the next instance of charge to the customer or is not made at all, Dhondi shall not be liable for any charge applied to the customer for that month pursuant to the revocation or not be liable at all, as applicable. You agree to make good any losses suffered by us on account of demands or claims from customers arising as a consequence of your failure in notifying us about a customer's revocation of the Recurring Payment Instruction.

    Authorisation

    By accepting these Terms of Use, you authorise us to hold, receive, disburse and settle funds on your behalf. Thereafter, you authorise us to transfer the payments received from your students to the bank account designated by you for this purpose at the time of registration ("ACQUIRING BANK"). Your authorisation will remain in full force and effect until your Dhondi account is closed or terminated.

    Privacy

    YOUR PRIVACY IS EXTREMELY IMPORTANT TO US. UPON ACCEPTANCE OF THESE TERMS OF USE YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND UNEQUIVOCALLY ACCEPTED OUR POLICIES, INCLUDING THE PROVISIONS OF OUR PRIVACY POLICY

    BHAGUBAI DAMAJI GROUP
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