The Devadiga Portal website located at https://www.devadigaportal.co.in is a copyrighted work belonging to Devadiga Portal. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules have incorporated by reference into these Terms.
YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
Access to the Site
Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website.
And (d) except as expressly stated herein, no part of the Site may have copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must have retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that Company will not have held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content, have owned by Company or Company’s suppliers.
Note that these Terms and access to the Site do not give you any rights, title, or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its supplier’s reserve all rights not granted in these Terms.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.
The company provides access to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so.
When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we have not responsible for any User Content, whether provided by you or by others.
You agree that Company will not have responsibility for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to the Site.
If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The site has provided on an “as-is” and “as available” basis, and the company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.
We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties have limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall Company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if the company has advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.
You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. The company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms has terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3, and Sections 4 through 10.
The company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who has repeated infringers of intellectual property rights, including copyrights.
If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly infringed or that you have authorized to act on behalf of the copyright owner.
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site.
You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us has not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to have bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot have resolved informally or in small claims court shall have resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.
Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief. A Notice to the Company should have sent to Devadiga Tower, Andheri, Mumbai-400065.
After the Notice has received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice has received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. The arbitration shall have initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.
The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall have conducted by a single, neutral arbitrator.
Any claims or disputes where the total amount of the award sought has less than Ten Thousand U.S. Dollars (the US $10,000.00) may have resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought has Ten Thousand U.S. Dollars (the US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.
Any hearing will have held in a location within 100 miles of your residence unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may have entered in any court of competent jurisdiction.
If the arbitrator grants you an award that has greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration has elected, the arbitration shall have conducted by telephone, online, and/or based solely on written submissions. The specific manner shall have chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action must have initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration has initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not have consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.
The arbitrator shall have the authority to award monetary damages. And to grant any non-monetary remedy or relief available to an individual under applicable law. The AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings. And conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis. That a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL. AND STATUTORY RIGHTS TO GO TO COURT. AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. Instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
Arbitration procedures have typically more limited, more efficient, and less expensive than rules applicable in a court. And have subject to very limited review by a court. In the event, any litigation should arise between you and the Company in any state. Or federal court in a suit to vacate or enforce an arbitration award. Or otherwise, YOU AND THE COMPANY WAIVES ALL RIGHTS TO A JURY TRIAL. Instead electing that the dispute has resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must have arbitrated. Or litigated on an individual basis and not on a class basis. And claims of more than one customer or user cannot have arbitrated. Or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law. Any information is necessary to enforce this Agreement, to enforce an arbitration award. Or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement have found under the law to be invalid. Or unenforceable by a court of competent jurisdiction. Then such specific part or parts shall be of no force and effect and shall have severed. And the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may have waived. By the party against whom the claim has asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief. Before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not have deemed a waiver of any other rights. Or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. The foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act. And infringement or misappropriation of the other party’s patent, copyright, trademark. Or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court. The parties hereby agree to submit to the personal jurisdiction of the courts. Located within Netherlands County, California, for such purposes.
The Site may be subject to U.S. export control laws. And maybe subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company. Or any products utilizing such data, in violation of the United States export laws or regulations.
The company is located at the address in Section 10.8. If you are a California resident. You may report complaints to the Complaint Assistance. Unit of the Division of Consumer Product of the California Department of Consumer Affairs. By contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use electronic means. You use the Site or send us emails. The Company posts notice on the Site or communicate with you via email. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form. And (b) agree that all terms and conditions, agreements, notices, disclosures. And other communications that Company provides to you electronically satisfy any legal obligation. That such communications would satisfy if it were in a hard copywriting.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise. Or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
If any provision of these Terms has held to be invalid or unenforceable. The other provisions of these Terms will have unimpaired. And the invalid or unenforceable provision will have deemed modified. It is valid and enforceable. The maximum extent permitted by law. Your relationship with the Company is that of an independent contractor. And neither party is an agent or partner of the other.
These Terms, and your rights and obligations herein, may not have assigned, subcontracted, delegated. Or transferred by you without Company’s prior written consent. And any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will have null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the Site have our property or the property of other third-parties. You have not permitted to use these Marks without our prior written consent. Or the consent of such third party which may own the Marks.
Address: Devadiga Tower, Andheri, Mumbai-400065