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TERMS OF USE & AGREEMENT

  1. GENERAL

    • This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

    • This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Dhee Vidhya Guru services. The domain name www[dot]dhee[dot] guru is owned and operated by Smentor Solutions. incorporated under the provisions of the Companies Act, 2015, and having its registered office at Smentor Solutions.  4/104 Ramesh Nagar New Delhi 110015. Where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents, and their successors and assigns.

    • For the purpose of these Terms of Use (“Terms”), wherever the context so requires,

      • The term ‘You’ & ‘User’ shall mean any legal person or entity accessing or using the Services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;

      • The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website and/or the Company, as the context so requires.
        The term ‘Products’ shall mean and refer to those products & services items listed for sale on the Website.

      • The term ‘Seller’ shall mean and refer to any User who wishes to list his/her Product for sale on the Website.

      • The term ‘Buyer’ shall mean and refer to any User who wishes purchase any Product listed for sale by any Seller on the Website.

      • The terms ‘Party’ & ‘Parties ‘shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.

    • The use of the Website by the User is solely governed by these Terms as well as the Privacy Policy (“Policy”, available on the website). Visiting the home page of the Website and/or using any of the Services (collectively, such Services, Software and the Site, collectively, the “Service(s)”), provided on the Website shall be deemed to signify the User’s unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same.

    • The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements.  If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.

2.      ABOUT THE WEBSITE

        o    Dhee Vidhya Guru website offers products, services, social community access, self directed learning programs, Tuition                              Services, Personality Development and any program or product serving an educational purpose and needs to help students                      and individuals succeed in studies & career.

3.      ELIGIBILITY

        o    The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that                         he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian                 Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act,                     1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.

4.      TERM

        o    These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and                 effect until:

               (a)  The User continues to access and use the Website; or

               (b)  The Transaction between the Parties, if any, concludes to the satisfaction of both Parties.

5.      TERMINATION

         o    The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Products and Services                   offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by                     these terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the                   expiry of the same, as described in Section 4 hereinabove.

6.      COMMUNICATION

         o    By using this Website, it is deemed that you have consented to receive calls, autodialed and/or pre-recorded message calls, e-                 mails and SMSs from us at any time with the use of the contact information that has been provided by you for the use of this                   website which is subject to the Privacy Policy. This includes contacting you through information received through other                             parties. This consent to be contacted is for purposes that include and are not limited to clarification, marketing, and                                 promotional calls, e-mails and messages. In case you wish to stop being contacted by us for the same, you may send us an e-                 mail to the effect at dnc[at]dhee[dot]guru

         o    You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, 

                duties, and obligations under these documents and all other policies followed by us. Such contact will be made only in                              pursuance of such objectives, and no other calls will be made.

         o    The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out your contact                      information to third parties not connected with the Website.

7.      CHARGES

         o    The membership of this website is free of cost and this includes the browsing of the site and the use of the services. You would                 only have to pay for the products or services purchased. However, we reserve the right to amend this no-fee policy and charge                 for any or all services rendered. In a case that such happens, users will be intimated of the same when they try to access the                     website, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are                         effective as soon as they are posted on the Site.

8.      PAYMENT

         o    Please refer to our payment policy for more details about payment modes available.

9.      SECURITY

         o    Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website

                is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information

                is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User                          directly to the relevant payment gateway, which is authorized to handle the information provided and is compliant with the                    regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

  • 10.      USER OBLIGATIONS

  • Usage of Website The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she: is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. Agrees not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website, as detailed in Section 12 herein below.

  • The User acknowledges and agrees that by accessing or using the Website or any of the Services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that the Products/Services displayed on the Website are not owned by the Company/Website, and that the same is the exclusive property of certain third parties who have chosen to market their Products through the Company’s Website, and that the Company/Website is in no way responsible for the content of the same. The User may, however, report any such offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.

  • In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.

  • Further undertakes not to:

  • Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;

  • Engage in any activity that interferes with or disrupts access to the Website or the Services provided therein (or the servers and networks which are connected to the Website);

  • Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;

  • Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilia, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

  • Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;

  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;

  • Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;

  • Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;

  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;

  • Collect or store data about other users of the Website.

  • Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);

  • Violate any code of conduct or guideline which may be applicable for or to any particular product or Service offered on the Website;

  • Violate any applicable laws, rules or regulations currently in force within or outside India;

  • Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;

  • Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offense, or prevent the investigation of any offense, or insult any other nation.

  • Publish, post, or disseminate information that is false, inaccurate or misleading;

  • Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

  • Commit any act that causes the Company to lose (in whole or in part) the Services of its internet Service provider (“ISP“) or in any manner disrupts the Services or any other supplier/Service provider of the Company/Website;

  • Engage in advertising to or solicitation of, other users of the Website to buy or sell any Products or Services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the expressed prior written consent of the Company.

11.      SUSPENSION OF USER ACCESS AND ACTIVITY

  •  Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:

  • If the User is in breach any of these Terms or other policies of the Website;

  • If the User has provided wrong, inaccurate, incomplete or incorrect information;

  • If the User’s actions may cause any harm, damage or loss to the other users or to the Website/Company, at the sole discretion of the Company.

  • 12.      INDEMNITY AND LIMITATIONS

  • The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the User’s actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfillment of any of the User’s obligations under this Agreement, or arising out of the User’s infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of Service by other subscribers, or the infringement of any other rights of a third party.

  • In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the Products, Services or materials contained therein.

  • The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

  • 13.      DISCLAIMER OF WARRANTIES AND LIABILITIES

  • Except as otherwise expressly stated on the Website, all Products/Services offered on the Website are offered on an “as is” basis without any warranty whatsoever, either express or implied.

  • The Company/Website makes no representations, express or implied, including without limitation implied warranties of merchant ability and fitness of a product for a particular purpose or non-infringement.

  •  The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing any Product/Service listed on the Website, or accessing/using any information displayed thereon.

  • 14.      JURISDICTION

  • The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of Govt. of  India, and that the Courts at New Delhi, India shall have exclusive jurisdiction over any disputes arising between the Parties.

  • 15.      NOTICES

  • Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due/Speed Post Acknowledgement Due (RPAD / SPAD)

  • 16.      MISCELLANEOUS PROVISIONS

  • Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto;

  • Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

  •  Severability: If any provision/sections of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforce-ability of the remaining provisions/sections of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceable, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

Dhee.guru site is developed and owned by Smentor Solutions, a technology consulting company, hereinafter referred to as the ‘Company’ with its registered office at 4/104 Ramesh Nagar New Delhi. Dhee.guru Website terms & conditions (“T&C”) apply to your access and use of www.dhee.guru (the “Site”), including all content, data, images, pricing, reports, software, voice, text and video made available through any portion of the Site (collectively, the “Content”). Content includes all such elements as whole, as well as individual items and portions thereof.

Dhee.guru permits you (“User” or “you” or “your”) referred to as you, your, user or the ‘Client’ to access and use the Site and Content, subject to these T&C. By accessing or using any portion of the Site, you acknowledge that you have read, understood, and agree to be bound by these T&C. If you are entering into an agreement on these T&C on behalf of a company or other legal entity (“User Entity”), you must have the legal authority to contractually bind such User Entity to these T&C, in which case the terms “you” or “your” or “User”, the “Client” will refer to such User Entity. If you lack such legal authority to contractually bind or you do not agree with these T&C, you must refrain from accessing or using the site or content.

You may use dhee.guru to specify and assign projects to the Company. A Project Assignment will become binding when both parties have signed a separate agreement / contract referred to as the “Contract” for the project and once an the Contract is signed, Company will be obligated to provide the services and to deliver the materials and deliverables as specified in each Project Assignment. The terms of the Contract will govern all Project Assignments and services undertaken by Company for Client.

Terms & Conditions Updates:


Company reserves the right, at its sole discretion, to change or modify portions of the T&C at any time. The Company will post the changes on the Site and will indicate the date these terms were last revised. It is your responsibility to check the T&C periodically for changes. Your continued use of the Site and Content after the date, any such changes become effective constitutes your acceptance of the new or revised T&C.

General Conditions/Access and Use:

Authorization to Access and Use Site and Content: Subject to your compliance with these T&C and the provisions hereof, you may access or use the Site and its Content solely for the purpose of your use of dhee[dot]guru. You may only link to the Site or Content, or any portion thereof, as expressly permitted by the Company in writing.

Ownership and Restrictions:

All rights, title and interest in and to the Site and all its Content will remain with and belong exclusively to dhee.guru and the company. You will not:

(1) Sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site and any Content available to any third party,

(2) Use the Site and Content in any unlawful manner (including without limitation in violation of any data, privacy or import / export control laws) or in any manner that

interferes with or disrupts the integrity or performance of the Site and Content or their related components, including and not limited to

- Making any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;

- Violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;

- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

- Deep-link to any portion of this website (including, without limitation, the rental path for any self-storage related information) for any purpose without our express            written permission; or "Frame", "mirror" or otherwise incorporate any part of this website into any other website without our prior written authorization.

- Use any “page-scrape,” “deep-link,” “spider,” or “robot” or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of the Site or any Content,

- Reproduce or circumvent the presentation or navigational structure of the Site or any Content, to obtain or attempt to obtain any of its Content or other information through any means not made generally available through the Site by the Company.

(3) modify, adapt or hack the Site and Content to, or try to, gain unauthorized access to the restricted portions of the Site and Content or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Site and all its Content, or any other data, products or services of the Company that are not readily made available to the general public).

You are not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of the Site and Content, except that you may download, display, and print one copy of the publicly available materials (i.e., the Content that does not require an Account name or password to access) on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, marks and other proprietary notices. You agree not to access the Site or its Content by any means other than through the interface that is provided by the Company to access the same. The Company reserves the right to take any lawful measures to prevent any such activity.

Responsibility for Your Data:

You are solely responsible for all data, information and other content, that you upload, post, or otherwise provide or store (hereafter “post(ing)”) in connection with or relating to the Site, till a contract is signed wherein the Company will own responsibility which would be specified in the contract.

Reservation of Rights:

 

Dhee[dot]guru, the Company and its licensors each own and retain their respective rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Site and Content. The Company grants no rights or licenses whatsoever to you under these T&C.

Confidentiality

For the purposes of these Terms and Conditions, confidential information shall mean, “Any information disclosed by the User to dhee.guru, or Vice-¬‐ Versa, whether in while signing up for dhee[dot]guru.” Further, the information pertaining to pricing and rates offered by dhee.guru to the user for the dhee.guru services shall also be deemed to be confidential information and neither Party shall disclose invoicing details and pricing information to any third party, which is not available in public domain. All such pricing and invoicing details shall always be considered as Confidential Information and shall not be subject to any exceptions whatsoever.

Assignment by Employees of Company:

Company covenants, represents and warrants that each of Company's employees who perform services has or will have a written agreement with Company that provides Company with all necessary rights to fulfill its obligations under this T&C.

Use of Intellectual Property:

Rights in User Content: By posting your information and other content (“User Content”) on or through the Site and Content, you grant The Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub licensable and fully paid license to use such User Content for the sole purposes of providing you with the dhee.guru site, services and platform. Company will not disseminate your User Content to any third party other than as required to provide you with the dhee.guru site, services and platform and will procure that any such third party will adhere to the terms of this Agreement with respect to your User Content. The Company eschews any liability for User Content and you hereby indemnify the Company in the event that your User Content is held to infringe the rights of any third party. The Company has the right, but not the obligation, to monitor the Site and Content and User Content. The Company may remove or disable any User Content at any time for any reason, or for no reason at all.

Unsecured Transmission of User Content:

You understand that the operation of the Site and Platform, including User Content, may be unencrypted and involve transmission to The Company’s third party vendors and hosting partners to operate and maintain the Site and Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. The Company will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.

Feedback:

You may submit ideas, suggestions, or comments (“Feedback”) regarding the Site and Content or The Company’s business, products or services. By submitting any Feedback, you acknowledge and agree that (1) your Feedback is provided by you voluntarily and The Company may, without any obligations or limitation, use and exploit such Feedback in any manner and for any purpose, (2) you will not seek and are not entitled to any money or other form of compensation, consideration, or attribution with respect to your Feedback regardless of whether The Company considered or used your Feedback in any manner, and (3) your Feedback is not the confidential or proprietary information of you or any third party.

Your Representations and Warranties:

You represent and warrant to The Company that your activity on the Site and The Company’s possession and use of User Content as contemplated in these T&C do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.

Trademarks

dhee.guru trademarks, service marks, graphics and logos used in connection with this website are trademarks or registered trademarks of dhee.guru or its partners. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Great Value Storage trademarks or third-party trademarks.

You authorize dhee.guru and the Company, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial instruments. Failure to provide information about you and your business when requested is a violation of this Agreement.

By using your dhee.guru member account, you acknowledge and agree that Smentor solutions and dhee.guru security procedures are commercially reasonable.

Promotional offers and discounts:

All promotional offers that the Company will run on dhee.guru will be subject to a fair user policy and the company has the final authority to extend / revoke such promotional offers, discounts and pricing to its Clients.

Termination of Access Due to Violations:

The Company may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these T&C or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these T&C will cause irreparable harm to The Company, for which monetary damages would be inadequate, and you consent to The Company obtaining any injunctive or equitable relief that The Company deems necessary or appropriate in such circumstances, without limiting The Company’s other available remedies. Further, The Company may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.

No warranties and disclaimer by the Company:

The site and content, and all server and network components, are provided on an “as is” and “as available” basis without any warranties of any kind, and the company expressly disclaims all other representations and warranties, including any implied warranties of merchant ability, fitness for a particular purpose or non-infringement, and any representations or warranties arising from course of dealing, course of performance or usage of trade. You acknowledge that the company does not warrant that your access or use or both of the site and content will be uninterrupted, timely, secure, error-free or virus-free, and the company does not make any warranty as to the results that may be obtained from use of the site and content, and no information, advice or services obtained by you from the company or through the site and property will create any warranty not expressly stated in these T&C.

The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, for any reason; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limited Liability:

Exclusion of damages and limitation of liability:

The company does not charge fees for you to access and use the site and content pursuant to these T&C. As consideration for your free access and use of the site and content pursuant to these T&C, you further agree that the company will not be liable to you for any incidental, consequential, indirect, special, punitive or exemplary damages (including damages for loss of business, loss of profits or the like) arising out of or relating to this T&C, including without limitation, your use or inability to use the site, platform, matching services, content, proprietary information, or any interruption or disruption of such use, even if the company has been advised of the possibility of such damages and regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise). The aggregate liability of the company with regard to this T&C will be Nil.

Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, the company’s liability will be limited to the greatest extent permitted by law.

 

Dispute Resolution:

These T&C are made under, and will be construed and enforced in accordance with, the laws applicable and to be performed solely therein, without giving effect to principles of conflicts of law. In any action between or among any of the parties, whether arising out of these T&C or otherwise, each of the parties irrevocably and unconditionally consents and submits to the exclusive jurisdiction of New Delhi.

 

These T&C, and any additions, changes, edits and/or modifications made thereto by The Company, together with The Company’s Privacy Policy, constitute the entire agreement between the parties with respect to the portions of the Site available without an account ID or password. Access to certain password-restricted portions of the Site is also subject to additional agreement(s).

Any notices to The Company in connection with this T&C will be made by email transmitted to contact [legal[at]dhee[dot]guru and you will also send a copy of such notice via nationally recognized carrier to Smentor Solutions, 2nd Floor, 4/104 Ramesh Nagar, New Delhi. 110015 marked for the attention of the Company Secretary. In the event that any provision of these T&C will be determined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that these T&C will otherwise remain in full force and effect and enforceable.

TERMS OF SERVICE

OVERVIEW

This website is operated by [SMENTOR SOLUTIONS]. Throughout the site, the terms “we”, “us” and “our” refer to [SMENTOR SOLUTIONS]. [SMENTOR SOLUTIONS] offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

​SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall [SMENTOR SOLUTIONS], our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless [SMENTOR SOLUTIONS] and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-ty.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of New Delhi, India

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be directed to

Smentor Solutions

2SF 4/104 Ramesh Nagar, West Delhi, Delhi India 110015.

Email: help[at]dhee[dot]guru

Phone Number: +91-78384 82682

www[dot]dhee[dot]guru

This document was last updated on 12th December, 2021.

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