By signing up and agreeing to the present Bhagubai Damaji Automation Private Limited(hereinafter referred to as “DHONDI”) Terms of Services or any of the upgraded services availed from DHONDI, you are agreeing to be bound by the following terms and conditions ("Terms of Services"). The composite Services offered by DHONDI under the Terms of Services include products and management services to assist you in the management of your educational Institution. DHONDI reserves the right to amend the Terms of Services by posting updates and changes to the DHONDI Website or any other Platform. By using DHONDI services, you are agreeing to the following terms.
The website, located at “https://dhondi.ai/” ("Website") or any other Platform for the provision of services, is owned and operated by Bhagubai Damaji Automation Private Limited, hereafter referred to as "DHONDI", "We", "Us", or "Our".
The below mentioned words shall be construed as per the definitions mentioned hereunder, unless expressly modified, altered, changes, amended by any of the terms set-out in the Terms of Services and in such a case, the modified, altered, changed, amended definition shall be strictly construed in the context of such particular term of Terms of Services.
The terms and conditions enumerated herein establish the legally binding terms and conditions for your use of the Platform and the related services, features, and content provided, as well as any purchases you make through the Platform. By accessing and submitting any request on Platform, you agree to and are bound by the terms of service set-out in these Terms of Services. These terms apply to the entire Platform as well as any email or other type of communication you have with DHONDI.
The use of the services provided by DHONDI requires one or more compatible devices, internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because use of the services involves hardware, software, and Internet access, your ability to access and use the services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your sole responsibility.
These Terms of Services shall form integral part of any other agreements including Purchase Orders, Invoices, etc. entered between you and DHONDI and such other agreements shall be supplemental to the present Terms of Services.
The Privacy Policy applicable to DHONDI as well as Customer is available at https://DHONDI.ai/privacy-policy and sets-out the policies and procedures on the collection, use and disclosure of Customer’s information when the Customer uses the service. By using the services, the Customer agree to the collection and use of information in accordance with the Privacy Policy.
By using the Website or any other platform operated by DHONDI to provide the services, registering an account, or making a purchase, you hereby consent to the present Terms of Services.
You agree that the acceptance of these Terms of Services constitutes a legally binding user agreement between you and DHONDI.
Subject to these Terms of Services, DHONDI grants a non-exclusive, non-transferable, non-sublicensable right and license to access and use the Platform and the services offered therein solely for your professional (commercial or otherwise) or educational purposes, strictly in accordance with these Terms of Services and applicable laws. Nothing in this Agreement shall confer on you any rights in any trade name, business name, trademark, patent, copyright, trade secret or other proprietary name or mark of DHONDI.
The License granted by DHONDI under these Terms of Services does not include the right to: (i) sub-license or otherwise permit access or use of the Platform or services or any portion thereof on a commercial time-sharing, lease, or rental, basis to any third party; (ii) modify, alter, disassemble, reverse assemble, reverse compile, reverse engineer, decompile, disassemble, or otherwise attempt to reconstruct the source code of the Platform or services or any portion thereof; (iii) create any derivative works based on the Platform or services; (iv) copy, reproduce or duplicate the Platform or services or any part thereof, except to the extent reasonably necessary for backup purposes; (v) use any reverse compilation, recompilation or disassembly techniques or similar methods to determine any design, concepts, construction method, source code or other aspects of the Platform or services or any part thereof for any purpose; (vi) transfer, assign, distribute, sale or otherwise (including by way of merger and acquisition) the rights in Platform or services or any portion thereof to any persons without prior written permission of DHONDI; (vii) make for any purpose including for error correction, any alterations, modification, additions or enhancements to the Platform or services, nor permit the whole or any portion of the Platform or services to be combined with or become incorporated in any other program.
DHONDI may also provide and/or facilitate third-party services for which, you shall also be abound to terms and conditions of such third-party, however DHONDI shall not be held liable for any issues arising out of the use of such third-party services and any claims and actions shall be made directly against the third-party.
DHONDI may give different access rights to you or users authorized by you based on the modules subscribed by you. Consequently, any data generated by a user on the Platform will be based on their access rights and usage.
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.
DHONDI reserves the right to charge fees from you for providing various services on the Platform and change its policies from time to time. DHONDI may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event the DHONDI reserves the right to introduce fees for the new services and/or for some or all of the existing services on the Platform, as the case may be. In the event of continued use of such services, it shall be deemed acceptance on part of you and you shall be liable for such amended fee and charges.
You shall be liable to make payment to DHONDI as per the terms contained in applicable Purchase Order and/or Invoice.
DHONDI may enable payments via third-party payment service providers and other Lending Facilitators and it shall be your responsibility not to share the credentials for authenticating the payment including the UPI pin or OTP with any third-party intentionally or unintentionally. DHONDI never solicits credential information for authenticating the payment such as UPI pin or OTP over a call or otherwise. DHONDI shall not be liable for any fraud due to the sharing of such details by the User.
While availing any of the payment methods available on the Platform, DHONDI shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: (i) Lack of authorisation for any transaction; (ii) Any payment issues arising out of the transaction; or (iii) Decline of transaction for any other reasons.
DHONDI shall not be responsible for any money collected by a third-party by impersonating any representative of DHONDI.
DHONDI does not support refunds in any form for the payment transactions being enabled on the Platform. If you have entered the wrong credentials, then DHONDI is not a liable party in such transaction.
You acknowledge that the services rendered by DHONDI are in the form of composite service which includes interlinked modules, and which shall be made available to you at different stages according to your academic and administrative requirement. However, such different modules form part of a single composite service being availed by you. In case of lapse in the payment of fee as per the Payment Terms, DHONDI is at liberty to terminate or suspend the services irrespective of the previous payment(s) made by you under any other module as per the Payment Terms.
DHONDI reserves the right to modify these Terms of Services, or any part thereof, at any time, including the addition or deletion of terms, and such modifications, additions, or deletions shall take effect immediately upon publication. Your continued use of the services following such modification shall be deemed acceptance of such modifications, additions, or deletions by you.
DHONDI may make changes or improvements to the features and functionality of the Platform from time to time. These changes may include patches, bug fixes, updates, upgrades, and other changes. Modifications may change or remove certain features and/or functions from the Platform. DHONDI is not responsible to give you any updates or keep giving you the features and functions of the Platform already being used by you.
By continued use of services provided by DHONDI after such modifications, you agree that all modifications will be deemed to constitute an integral part of the Platform and subject to the Terms of Services.
DHONDI believes that the data and other materials on the Platform operated by DHONDI and provided by third parties are from reliable sources, but in any event, DHONDI is not responsible for the accuracy, timeliness, completeness, or suitability for use of such Third-Party Data. DHONDI is not responsible for the information, advertising, products, or other materials on or available from any Platform owned or controlled by a third party that is linked to the Platform operated by DHONDI through a hyperlink, and does not prepare, edit, or recommend them. The fact that DHONDI has provided a link to a third party's platform does not imply that DHONDI endorses, authorizes, sponsors, or is affiliated with such platform, its owners, providers, or services in any way. You use such third-party content at your own risk and are responsible for adhering to their terms and conditions.
This Agreement shall come into force on the Effective Date and unless terminated in accordance with the provisions of these Terms of Services, this Agreement shall continue to be in force till the expiry of Subscription Period provided in the Purchase Order/ Invoice. The subscription of services may be renewed for additional periods upon payment of applicable fees and charges at the rate prevailing on the day the placing the relevant Purchase Order.
DHONDI may terminate the Agreement and services if you are in default of any material provision of these Terms of Services and such default is not cured within 30 (thirty) days of receipt of written notice.
Notwithstanding anything contain elsewhere, DHONDI may terminate license of the services granted herein, at any time by giving 1 (one) month prior written notice to you. In the event of such termination, you shall not be liable to any refund for the remaining period in the Subscription Period, if any.
Upon termination of this Agreement, the license granted under these Terms of Services shall stand revoked and you shall immediately stop using the Platform and services. Termination of this Agreement shall not affect any accrued rights or liabilities of either Party nor shall not affect the coming into force or the continuance in force of any provision of this Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.
Upon termination for any reason whatsoever, you shall promptly return all materials furnished or produced in connection with the Platform and the services.
The termination of this Agreement will not limit DHONDI’s rights or remedies at law or in equity in the event of breach any of your obligations under the Terms of Services.
You agree to indemnify and hold DHONDI and its owners, directors, parents, subsidiaries, affiliates, officers, employees, agents, partners, attorneys, contractors, consultants, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of the Platform, your use of the Platform, your fraud, violation of law, or wilful misconduct, and any breach by you of these Terms of Services.
You acknowledge that communication shall mean electronic communications through the Platform, its content and the emails. You agree that all agreements, notices, disclosures, and other communications provided to you electronically meet the legal requirement that such communications be in writing. You also agree that any notices DHONDI provides electronically are deemed given and received on the date we transmit any such electronic communication.
Between you and the DHONDI, the DHONDI owns, controls, or licenses all rights, title, and interest in and to the Platform and its entire contents, features, and functionality (including, but not limited to, audio, music, text, photographs, illustrations, graphics, other visuals, video, copy, software, etc. ), and materials thereon, the Platform’s look and feel / user experience, design, art-work, and organization, and the compilation of the content, code, data, and materials on the Platform, including but not limited to any copyrights, trademark rights, patent rights, and other intellectual property and proprietary rights therein.
You shall protect the intellectual property of DHONDI from any unauthorized use and shall take necessary steps to stop any violation and shall not permit any third party (other than persons authorized by DHONDI or agreed by the Parties) to use any DHONDI’s Intellectual Properties, including by the way of sub-licensing and/or otherwise, without prior written consent of DHONDI. For any Violation/unauthorized use of the DHONDI’s Intellectual Property by you or any person acting through or under you, you shall be liable to indemnify DHONDI in accordance with these Terms of Services.
In the event you design, develop or create any modifications to the DHONDI’s Platform or the services provided by DHONDI in violation of these Terms of Services, and addition to any other remedies that may be available in law, in equity or under these Terms of Services, all right title and interest in and to such modifications and/or derivative work and all Intellectual Property Rights associated therewith will be the exclusive property DHONDI.
You may download information from this Platform and print a paper copy for your personal use, provided that you retain the information and do not delete or alter them. Except as expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, save for future use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, or video.
The access to Platform is provided on "As Is" and “As Available” basis with all errors and defects, and without any warranty of any kind. To the fullest extent permitted by law, DHONDI, on its own behalf and on behalf of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Platform, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties arising out of a course of dealing, course of performance, and course of performance.
Without limiting the foregoing, DHONDI makes no warranty or representation that the Platform will meet your needs, achieve any intended results, be compatible or work with any other software, websites, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be rectified. Without limiting the foregoing, DHONDI does not make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of Platform, or the information, content, materials, or products contained therein; (ii) as to the Platform’s uninterrupted or error-free operation; (iii) as to the accuracy, reliability, or currency of the information, content, materials, or products included thereon; any information or content provided through the Platform; or (iv) that the Platform, its servers, the content, or e-mails sent by or on behalf of DHONDI are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other potentially harmful components.
DHONDI’s under any provision of these Terms of Services shall be limited to the price paid by you for the services, irrespective of the damages incurred by you.
Subject to the applicable laws, DHONDI shall not be liable for any special, incidental, indirect, or consequential damages (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy arising out of or in any way related to the use of or inability to use the Platform, third-party software, and/or third-party hardware, or used in conjunction with the Platform or otherwise in connection with any provision of these Terms of Services).
The present Terms of Services comprise the complete agreement between you and DHONDI regarding the services. If any provision of these Terms of Services is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Services will continue in full force and effect.
Except as otherwise provided herein, a party's failure to exercise a right or demand performance of an obligation under these Terms of Services shall not affect that party's ability to exercise that right or demand performance at any time in the future, nor will a waiver of one breach constitute a waiver of any subsequent breach.
No waiver by the DHONDI of any term or condition set-out in these Terms of Services shall be deemed to be a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DHONDI to assert any right or provision under Terms of Services shall not constitute a waiver of such right or provision.
These Terms of Services shall be governed and construed in accordance with the laws of India and any disputes relating to these Terms of Services shall be subject to the exclusive jurisdiction of the courts of Hyderabad, Telangana state, India.
Except in cases of non-arbitrable disputes or disputes pertaining to infringement of intellectual property rights of DHONDI, any dispute arising in relation to the services rendered by DHONDI to you or incidental thereto, the Parties shall endeavour to reach an amicable settlement of such disputes. However, if they are unable to resolve any dispute by amicable settlement, the same shall be referred to the arbitration of a sole arbitrator appointed mutually by the Parties. The seat of arbitration shall be Hyderabad, Telangana, India. The language of arbitration shall be English. The award of the arbitrator shall be final and binding on the Parties.
DHONDI shall not liable for any delay in the performance or non-performance of any of its obligations herein and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond its control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, or accident or non-availability/ delay in transport, any endemic, pandemic, epidemic or outbreak of any disease.
DHONDI may transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms of Services without notifying you or obtaining your consent. However, in any event, you shall not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Services.
You expressly acknowledge that this Agreement does not create an exclusive relationship between you and DHONDI. It is hereby clarified that DHONDI shall be entitled to solicit, offer and provide the Platform and the services to any third party including without limitation, other institutions, stakeholders and your competitors.
