This page (together with the documents
referred to on it) tells you the terms of use on which you may make use of our
website www.didashiva.com (our site) whether
as a guest or a registered user. Please read these Terms and Conditions, our Community Guidelines,
and our Privacy and Cookies Statement carefully
before you start to use the site. By using our site, you indicate that you
accept these Terms and Conditions, our Community Guidelines, and our Privacy and Cookies Statement and
that you agree to abide by them. If you do not agree to these terms and
conditions, please refrain from using our site.
1. USE OF THE
PLATFORM
Welcome to www.didashiva.com ("Site" or
"DIDASHIVA "). The website www.didashiva.com is owned and
operated by DIDASHIVA TRADING AND MEDIA LLP ("DIDASHIVA) (References
to “we”, “our” or “us” in this Terms and Condition statement mean DIDASHIVA). We
are limited liability partnership business entity Company CIN Number
AAS-6929 registered in India Under The LLP Act, 2008. and have our
registered office at 174, SARDAR NAGAR, YERLI ROAD, TUMSAR, DISTRICT
BHANDARA, MAHARASHTRA, INDIA 441912
the Site referred as Platform. You may be accessing our Site from
a computer or mobile phone device (through an iOS or Android application, for
example) and these Terms of Use govern your use of our Site and your conduct,
regardless of the means of access. You may also be using our interactive
services. These Terms of Use govern all the products offered on the
Platform. The Platform is only to be used for your personal non-commercial
use and information. Your use of the services and features of the Platform
shall be governed by these Terms and Conditions (hereinafter "Terms of
Use ") along with the Privacy Policy, Shipping Policy and
Cancellation, Refund and Return Policy (together "Policies")
as modified and amended from time to time.
By mere accessing or using the Platform, you are acknowledging,
without limitation or qualification, to be bound by these Terms of Use and the
Polices, whether you have read the same or not. ACCESSING, BROWSING OR
OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE
TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY
BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in
the Terms of Use or the Policies, please do not use the Platform. You are
responsible to ensure that your access to this Platform and material available
on or through it are legal in each jurisdiction, in or through which you access
or view the platform or such material.
DIDASHIVA reserves the unilateral right to change the particulars
contained in the Terms of Use or the Policies from time to time and at any
time, without notice to its users and in its sole discretion. If DIDASHIVA
decides to change the Terms of Use or Policies, DIDASHIVA will post the new
version of the Terms of Use or the Policies on the Site and update the date
specified above. Any change or modification to the Terms of Use and the
Policies will be effective immediately from the date of such upload of the
Terms of Use and Policies on the Site. Your continued use of the Platform
following the modifications to the Terms of Use and Policies constitutes your
acceptance of the modified Terms of Use and Policies whether or not you have
read them. For this reason, you should frequently review these Terms of Use,
our Guidelines and Rules and any other applicable policies, including their
dates, to understand the terms and conditions that apply to your use of the
Site.
2. PRIVACY
PRACTICES
We understand the importance of safeguarding your personal
information and we have formulated a Privacy Policy, to ensure that your
personal information is sufficiently protected. Apart from these Terms of Use,
the Privacy Policy shall also govern your visit and use of the Site. Your
continued use of the Site implies that you have read and accepted the Privacy
Policy and agree to be bound by its terms and conditions. You consent to the
use of personal information by DIDASHIVA in accordance with the terms of and
purposes set forth in the Privacy Policy, the same may be subject to amendment
from time to time at the sole discretion of DIDASHIVA.
3. YOUR ACCOUNT
This Site is directed to be used by adults only. We assume that
any minor if at all, accessing our Site is under the supervision of their
guardians. DIDASHIVA or its associates do not knowingly collect information
from minors. You will be responsible for maintaining the confidentiality of
your account, password, and restricting access to your computer, and you hereby
accept responsibility for all activities that occur under your account and
password. You acknowledge that the information you provide, in any manner
whatsoever, is not confidential or proprietary and does not infringe any rights
of a third party in whatsoever nature
If you are accessing, browsing, and using the Site on someone
else’s behalf; you represent that you have the authority to bind that person to
all the terms and conditions herein. In the event that the person refuses to be
bound as the principal to the Terms of Use, you agree to accept liability for
any harm caused by any wrongful use of the Site resulting from such access or
use of the Site in whatsoever nature
If you know or have reasons to believe that the security of your
account has been breached, you should contact us immediately at the 'Contact
Information' provided below. If we have found a breach or suspected breach of
the security of your account, we may require you to change your password,
temporarily or permanently block or suspend your account without any liability
to DIDASHIVA.
We reserve the right to refuse service and/or terminate accounts
without prior notice if these Terms of Use are violated or if we decide, in our
sole discretion, that it would be in DIDASHIVA’s and DIDASHIVA’s best interests
to do so. You are solely responsible for all contents that you upload, post,
email, or otherwise transmit via the Site. The information provided to us shall
be maintained by us in accordance with our Privacy Policy.
4. PRODUCT &
SERVICES INFORMATION
DIDASHIVA attempts to be as accurate as possible in the
description of the product on the Platform. However, DIDASHIVA does not warrant
that the product description, color, information, or other content of the
Platform is accurate, complete, reliable, current, or error-free. The Site may
contain typographical errors or inaccuracies and may not be complete or
current. The product pictures are indicative and may not match the actual
product.
DIDASHIVA reserves the right to correct, change or update
information, errors, inaccuracies, or omissions at any time (including after an
order has been submitted ) without prior notice. Please note that such errors,
inaccuracies or omissions may also relate to the pricing and availability of
the product or services.
5. PRODUCT USE
& SERVICES
The products and services available on the Platform, and the
samples, if any, that Platform may provide you, are for your personal and/or
professional use only. The products or services, or samples thereof, which you
may receive from us, shall not be sold or resold for any/commercial reasons.
In case any products purchased/received/availed causes side
effects or doesn’t suit you, please note that DIDASHIVA is in no manner
responsible for any manufactural side-effects or service provider and
manufacturer or service provider of the product or service shall be solely
responsible for such side effects and consumer complaints. You should carefully
read the individual terms and conditions in relation to the products and beauty
services and consult a specialist before the use of the same.
6. RECOMMENDATION
OF THE PRODUCT & SERVICES
Any recommendation made to you in the Site during the course of
your use of the Site is purely for informational purposes and for your
convenience and does not amount to an endorsement of the product or services by
DIDASHIVA or any of its associates in any manner.
7. PRICING
INFORMATION
DIDASHIVA strives to provide accurate product and pricing
information, however, errors may occur.
DIDASHIVA cannot confirm the price of the product until you make
the order. Without limiting the generality of Clause 8 (Cancellations, Refunds,
and Returns) below, if a product/service is listed at an incorrect price or
with incorrect information due to any technical error, DIDASHIVA shall have the
right, at its sole discretion, to refuse or cancel any orders placed for that
product/ service, unless the product has already been delivered or the service
has already been availed by you. In the event that an item is wrongly priced,
DIDASHIVA may, at its discretion, either contact you for instructions or cancel
your order and notify you of such cancellation. Unless the product ordered by
you has been delivered and the services are availed, your offer will not be
deemed accepted and DIDASHIVA will have the right to modify the price of the
product/ service and contact you for further instructions using the e-mail
address provided by you during the time of registration or placing of the
order, or cancel the order and notify you of such cancellation. In the event
that DIDASHIVA accepts your order the same shall be debited to your credit
card/ debit card account and duly notified to you by email that the payment has
been processed. The payment may be processed prior to DIDASHIVA’s dispatch of
the product that you have ordered. If we have to cancel the order after we have
processed the payment, the said amount will be reversed to your credit/debit
card account.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR
OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE
DISCRETION OF DIDASHIVA. DIDASHIVA may revise and cease to make available any
product/ services at any time. In the event, DIDASHIVA is unable to deliver the
product to you on time or at all, you will be notified by an e-mail and your
order will be automatically canceled due to unavailability of the product or at
your instructions due to failure to deliver the product on the expected time of
delivery by our delivery partners. DIDASHIVA shall not be liable to pay for any
damages in such an event owing to the cancellation of the order or delay in
delivery.
8. CANCELLATIONS,
REFUNDS, AND RETURNS
Please refer to our Cancellation, Refunds and Returns Policy provided on
our Site.
9. MODE OF PAYMENT
Payments for the products available on the Site may be made in
the following ways:
10. SHIPPING AND
DELIVERY
Please refer to our Shipping and Delivery Policy provided on
our Site, as amended from time to time.
11. POLLUTION
CONTROL COMPLIANCE
DIDASHIVA is working towards being compliant with the guidelines
laid down by the Central Pollution Control Board (CPCB).
12. CHAT
FUNCTIONALITY
The Chat Functionality has been provided to help you with any
and all Site-related queries. Any use of this service shall be subject to the
following conditions:
13. USER CONTENT
The information, photo, image, chat communication, text,
software, data, music, sound, graphics, messages, videos or other materials
transmitted, uploaded, posted, emailed or otherwise made available to us
("User Content "), are entirely your responsibility and
we will not be held responsible, in any manner whatsoever, in connection to the
User Content. You agree to not encourage or assist or engage others as well as
yourself in transmitting, hosting, displaying, uploading, modifying, publishing
transmitting, updating or sharing any information that
DIDASHIVA shall in no way be held responsible for examining or
evaluating User Content, nor does it assume any responsibility or liability for
the User Content. DIDASHIVA does not endorse or control the User Content transmitted
or posted on the Site by you and therefore, accuracy, integrity, or quality of
User Content is not guaranteed by DIDASHIVA. You understand that by using the
Site, you may be exposed to User Content that is offensive, indecent, or
objectionable to you. Under no circumstances will DIDASHIVA be liable in any
way for any User Content, including without limitation, for any errors or
omissions in any User Content, or for any loss or damage of any kind incurred
by you as a result of the use of any User Content transmitted, uploaded,
posted, emailed or otherwise made available via the Site. You hereby waive all
rights to any claims against DIDASHIVA for any alleged or actual infringements
of any proprietary rights, rights of privacy and publicity, moral rights, and
rights of attribution in connection with User Content.
You hereby acknowledge that DIDASHIVA has the right (but not the
obligation) in its sole discretion to refuse to post or remove any User Content
and further reserves the right to change, condense or delete any User Content.
Without limiting the generality of the foregoing or any other provision of
these Terms and Conditions, DIDASHIVA has the right to remove any User Content
that violates these Terms and Conditions or is otherwise objectionable and
further reserves the right to refuse service and/or terminate accounts without
prior notice for any users who violate these Terms and Conditions or infringe
the rights of others.
If you wish to delete§ your User Content on our Site or in
connection with our mobile applications, please contact us by email at support@didashiva.com and request you to
include the following personal information in your deletion request: first
name, last name, user name/screen name (if applicable), the email address
associated with our Site and/or mobile applications, your reason for deleting
the posting, and date(s) of posting(s) you wish to delete (if you have it). We
may not be able to process your deletion request if you are unable to provide
such information to us. Please allow up to 30 business days to process your
deletion request.
14. INTELLECTUAL
PROPERTY RIGHTS
The "DIDASHIVA" name and logo and all
related product and service names, design marks and slogans are the trademarks,
logos or service marks (hereinafter referred to as "Marks")
of DIDASHIVA. All other Marks provided on the Site are the property of their
respective companies. No trademark or service mark license is granted in
connection with the materials contained on this Site. Access to this Site does
not authorize anyone to use any Marks in any manner. Marks displayed on this
Site, whether registered or unregistered, of DIDASHIVA or others, are the
intellectual property of their respective owners, and DIDASHIVA shall not be
held liable in any manner whatsoever for any unlawful, unauthorized use of the
Marks.
DIDASHIVA and its manufacturers expressly and exclusively
reserve all the intellectual property rights in all text, programs, products,
processes, technology, content, software, and other materials, which appear on
this Site, including its looks and feel. The compilation (meaning the
collection, arrangement, and assembly ) of the content on the Site is the
exclusive property of DIDASHIVA and are protected by the Indian copyright laws
and international treaties. Consequently, the materials on this Site shall not
be copied, reproduced, duplicated, republished, downloaded, posted,
transmitted, distributed or modified in whole or in part or in any other form
whatsoever, except for your personal, non-commercial use only. No right, title,
or interest in any downloaded materials or software is transferred to you as a
result of any such downloading or copying, reproducing, duplicating,
republishing, posting, transmitting, distributing or modifying.
All materials, including images, text, illustrations, designs,
icons, photographs, programs, music clips, downloads, video clips and written
and other materials that are part of this Site (collectively, the "Contents
") are intended solely for personal, non-commercial use. You may
download or copy the Contents and other downloadable materials displayed on the
Site for your personal use only. We also grant you a limited, revocable,
non-transferable, and non-exclusive license to create a hyperlink to the home
page of the Site for personal, non-commercial use only. The Contents and
software on this Site are to be used only as a shopping resource. Any other
use, including the reproduction, modification, distribution, transmission,
republication, display, or performance, of the Contents on this Site is
strictly prohibited. Unless DIDASHIVA explicitly provides to the contrary, all
Contents are copyrighted, trademarked, trade dressed and/or other intellectual
property owned, controlled or licensed by DIDASHIVA, any of its affiliates or
by third parties who have licensed their materials to DIDASHIVA and are
protected by Indian copyright laws and international treaties.
15. LIMITED LICENSE
DIDASHIVA grants you limited, non-exclusive, non-transferable,
non-sublicensable license to access, and make personal and non-commercial use
of the Site. All rights not expressly granted to you in these Terms of Use are
reserved and retained by the Site and its affiliates.
DIDASHIVA reserves the right, at any time, without notice, and
at its sole discretion, to terminate your license to use the Site and to block
and prevent your future access to the Site.
16. REPRESENTATIONS
AND WARRANTIES
This Site is provided to you "AS IS". We make no
representations regarding the use of or the result of the use/depiction of the
Contents on the Site in terms of their correctness, accuracy, reliability, or
otherwise. DIDASHIVA shall not be liable for any loss suffered in any manner by
the user as a result of depending directly or indirectly on the depiction of
the Content on this Site.
You acknowledge that this Site is provided only on the basis set
out in the Terms of Use. Your uninterrupted access or use of this Site on this
basis may be prevented by certain factors outside our reasonable control including,
without limitation, the unavailability, inoperability or interruption of the
internet or other telecommunications services or as a result of any maintenance
or other service work carried out on this Site.
DIDASHIVA shall have the right, at any time, to change or
discontinue any aspect or feature of the Site, including, but not limited to,
content, hours of availability, and equipment needed for access or use.
Further, the Site may discontinue disseminating any portion of information or
category of information. DIDASHIVA does not accept any responsibility and will
not be liable for any loss or damage whatsoever arising out of or in connection
with any ability/inability to access or to use the Site.
DIDASHIVA through the Site intends to provide its users with
general information about beauty and healthcare topics and products. The Site
encourages its users to interact with DIDASHIVA and its employees by asking
questions that enable the user to obtain information of a general nature
pertaining to beauty and healthcare topics. The postings on the Site or on
social networking sites, including the Site’s Facebook page, or any information
provided over chat or e-mails exchanged with DIDASHIVA, its employees or
representatives (collectively referred to as "Information ")
which are in furtherance of any communication made by the user with DIDASHIVA,
its employees or representatives is based on the background provided by the
user. Information is not intended to constitute a personal medical suggestion
or be used for any medical diagnosis or treatment. While DIDASHIVA takes
reasonable care to ensure that the Information is accurate, DIDASHIVA makes no
representation and takes no responsibility for the accuracy, completeness,
appropriateness, or usefulness of the Information. For any specific medical
conditions or issues, users are advised to seek an opinion from a certified
medical practitioner. In the event any user relies on the Information provided
by DIDASHIVA or its representatives/ employees, he/she may do so at its own
risk. Under no circumstances will DIDASHIVA, its employees, representative, or
affiliates be liable for the Information or the consequences of relying on such
information.
In keeping with DIDASHIVA's objective of providing \its users with
general information about beauty and healthcare topics and products, DIDASHIVA
engages experts having knowledge of in their respective fields ("Experts ")
to respond to queries posted by users. Any information provided by the Experts,
either over the Site, through e-mails, chat rooms, or on social networking
sites, including the Site's Facebook page (collectively referred to as "Expert's
Opinion") is based on the Expert’s personal opinion. The Expert's
Opinion is not intended to constitute a personal medical suggestion or be used
for any medical diagnosis or treatment. DIDASHIVA makes no representation and
takes no responsibility for the accuracy, completeness, appropriateness, or
usefulness of the Expert's Opinion. In case any user relies on such an Expert's
Opinion, he/she may do so at its own risk. Under no circumstances will the
DIDASHIVA, Company, its employees, representative, or affiliates be liable for
such Expert's Opinion or for the consequences of relying on such Expert's
Opinion.
For any general information posted on the Site, users must not
infer or assume that such information necessarily applies to them.
17. DISCLAIMER OF
WARRANTY AND LIMITATION OF LIABILITY
THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR
HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN
CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR
FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR
LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT OR NOT (INCLUDING
NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF
BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA
NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS
WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM
FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE
SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY
INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE
CONTROL OF DIDASHIVA. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR
ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR
OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF
THE FORM OF ACTION WHETHER IN CONTRACT OR NOT (INCLUDING NEGLIGENCE)
OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
This disclaimer constitutes an essential part of this Terms of Use.
18. LINKS AND
THIRD-PARTY SITES
References on the Site to any names, marks, products or services
of third parties or hypertext links to third party sites or information are
provided solely as a convenience to you. This does not in any way constitute or
imply DIDASHIVA endorsement, sponsorship, or recommendation of the third party,
information, product or service, or any association and relationship between
DIDASHIVA and those third parties.
DIDASHIVA is not responsible for the content of any third-party
sites and does not make any representations regarding the content or accuracy
of material on such sites. If you decide to link to any such third-party
websites, you do so entirely at your own risk. DIDASHIVA does not assume any
responsibility for examining or evaluating the offerings of the off-websites
pages or any other websites linked from the Site. We shall not be responsible
for the actions, content, products, or services of such pages and websites,
including, without limitation, their privacy policies and terms and conditions.
You should carefully review the terms and conditions and privacy policies of
all off-website pages and other websites that you visit via the Site.
19. TERMINATION
These Terms of Use are effective unless and until terminated by
either you or DIDASHIVA.
You may terminate the Terms of Use at any time, provided that
you discontinue any further use of this Site. DIDASHIVA may terminate the Terms
of Use at any time and may do so without notice, and accordingly deny you
access to the Site, such termination will be without any liability to the Site.
Upon any termination of the Terms of Use by either you or
DIDASHIVA, you must promptly destroy all materials downloaded or otherwise
obtained from this Site, as well as all copies of such materials, whether made
under the Terms of Use or otherwise. Any such termination of the Terms of Use
shall not cancel your obligation to pay for the product already ordered from
the Site or affect any liability that may have arisen under the Terms of Use.
20. INDEMNITY
You agree to defend, indemnify and hold harmless DIDASHIVA, its
employees, directors, officers, agents and their successors and assigns its
holding, subsidiaries, affiliates, partners, or licensors from 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 your actions or
inactions, which may result in any loss or liability to DIDASHIVA or any third
party including but not limited to breach of any warranties, representations or
undertakings or in relation to the non-fulfillment of any of your obligations
under the Terms of Use, or arising out of your violation of any applicable
laws, regulations including but not limited to Intellectual Property Rights,
payment of statutory dues and taxes, claim of libel, defamation, violation of
rights of privacy or publicity, loss of service by other subscribers and
infringement of intellectual property or other rights. This clause shall
survive the expiry or termination of the Terms of Use.
21. GOVERNING LAW
AND JURISDICTION
The Terms of Use and the Policies shall be construed in
accordance with the applicable laws of India. For proceedings arising therein,
the Courts at NAGPUR shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise,
of the Terms of Use and other Policies on the Site, between the parties hereto,
shall be referred to an independent arbitrator who will be appointed by
mutually and his decision shall be final and binding on the parties hereto. The
above arbitration shall be in accordance with the Arbitration and Conciliation
Act, 1996 as amended from time to time. The seat and venue of arbitration shall
be held in NAGPUR.
Without any prejudice to particulars listed in Clause 13 above,
DIDASHIVA shall have the right to seek and obtain any injunctive, provisional
or interim relief from any court of competent jurisdiction to protect its
trade-mark or other intellectual property rights or confidential information or
to preserve the status quo pending arbitration.
For disputes relating to orders outside India, International
arbitration rules of the Indian Arbitration and Conciliation Act 1996 shall
apply. The seat and venue of international arbitration shall be Nagpur.
22. SITE SECURITY
You are prohibited from violating or
attempting to violate the security of the Site, including, without limitation,
DIDASHIVA is entitled to investigate occurrences that may
involve such violations and may involve, and co-operate with, law enforcement
authorities in prosecuting users who are involved in such violations. You agree
not to use any device, software or routine to interfere or attempt to interfere
with the proper working of this Site or any activity being conducted on this
Site. You agree, further, not to use or attempt to use any engine, software,
tool, agent or other device or mechanism (including without limitation
browsers, spiders, robots, avatars or intelligent agents) to navigate or search
this Site other than the search engine and search agents available from DIDASHIVA
on this Site and other than generally available third party web browsers.
23. ENTIRE AGREEMENT
If any part of these Terms of Use is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed to be
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the Terms of Use shall
continue to be in effect. Unless otherwise specified herein, these Terms of Use
constitutes the entire agreement between you and DIDASHIVA with respect
to the Site/services and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written.
DIDASHIVA's failure to act with respect to a breach by you or
others does not waive its right to act with respect to the breach or subsequent
and similar breaches.
24. GENERAL
You acknowledge and hereby agree to
these Terms and Conditions and that it constitute the complete and exclusive
agreement between us concerning your use of the Site, and supersede and govern
all prior proposals, agreements, or other communications.
We reserve the right, in our sole
discretion, to change/ alter/ modify these Terms and Conditions at any time by
posting the changes on the Site. Any changes are effective immediately upon
posting to the Site. Your continued use of the Site thereafter constitutes your
agreement to all such changed Terms and Conditions. We may, with or without
prior notice, terminate any of the rights granted by these Terms and
Conditions. You shall comply immediately with any termination or other notice,
including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and
Conditions shall be construed as creating any agency, partnership, affiliation,
joint venture or other form of joint enterprise between us. Our failure to
require your performance of any provision hereof shall not affect our full
right to require such performance at any time thereafter, nor shall our waiver
of a breach of any provision hereof be taken or held to be a waiver of the
provision itself. In the event that any provision of these Terms and Conditions
shall be unenforceable or invalid under any applicable law or be so held by any
applicable arbitral award or court decision, such unenforceability or
invalidity shall not render these Terms and Conditions unenforceable or invalid
as a whole but these Terms and Conditions shall be modified, to the extent
possible, by the adjudicating entity to most fully reflect the original intent
of the parties as reflected in the original provision. The headings in the
Terms and Conditions are for convenience only and shall not be used in its
interpretation.
If you have any questions regarding
these Terms and Conditions, please email us at support@didashiva.com
25. CONTACT INFORMATION:
Customer Service Desk
E-mail id: support@didashiva.com
Phone: +91 703856 2326
Contact Days: Monday to Saturday
(8:00 a.m. to 10:00 p.m.)
Sunday (10.00 a.m. to 6.00 p.m.)
Thank you for visiting our site