FOA GROWTHTECH PRIVATE LIMITED “DAZZLETODAY”
Effective Date: 28th April, 2016
Please read these Terms carefully before proceeding with any use of the Services provided by Dazzletoday. By visiting our Website and subscribing to our Services, you accept these Terms. If you do not agree with these Terms, please do not access our Website and subscribe to our Services.
These Terms constitute a legal and binding contract in terms of:
- India: The Indian Contract Act, 1872;
- United States of America: Uniform Commercial Code of each state.
- Australia: Australian Contract Law;
- Canada: Illegal Contracts Act
- The United Kingdom: Contracts (Rights of Third Parties), Act 1999;
These Terms form an electronic record is generated by a computer system and does not require any physical or digital signatures.
- ELIGIBILITY TO USE THIS WEBSITE:
You acknowledge and confirm that the Website is available only in the event, that you ensure that:
- you are competent to contract as per the applicable laws to which you are subject to;
- complete the registration process;
- provide true, complete, accurate and up to date contact information.
- YOUR EXPRESS CONSENT:
In the event you access, view, browse, store and / or otherwise use our Website or any of our Services, contents, functions through Website, you acknowledge and agree to have read, understood and agreed to these Terms and agree to be bound by them with all applicable laws and regulations.
- AMENDMENT TO THESE TERMS:
You acknowledge and agree that these Terms are subject to change and Dazzletoday may, without prior notice to you and at any time, revise them and any other information contained in this Website by updating these Terms. You shall be responsible to check the Website regularly for any amendments or updates to these Terms. Please note that the revised Terms shall be effective immediately upon posting. Your continuous use of this Website shall signify your acceptance of the revised Terms.
- SOFTWARE SERVICES BY DAZZLETODAY:
Dazzletoday is a software service tool owned and operated by us, registered in India for the trade show exhibitors for achieving better lead management and customer persuasion offered through the Website that allows you to do e-mail marketing, marketing automation, project management, marketing asset management, contact management, e-mail signature management, appointment management, CRM and more throughout the cycle of the trade show (“Services”).
Dazzletoday has employees, independent vendors, and representatives through which it offers its Services. Dazzletoday uses an automated method to analyze the contacts (“Content”) in account on an ongoing basis and will request you for additional information about those contacts. We will process the Content you provide and will post the information in your designated account application. The access to the account may involve third-party fees including but not limited to internet service provider, airtime charges. In addition, you must provide and are responsible for all equipment necessary to access the Services. Dazzletoday shall have no responsibility in case of fee chargeable or levied by the third parties.
- CONTENT ACCURACY:
Dazzletoday takes commercially reasonable precautions in the preparation of the content of this Website, in particular to endeavor that subscription rates quoted are correct at the time of publishing and all details have been accurately described. To the extent permitted by applicable law, Dazzletoday collects trade show and other information from various websites. You agree and acknowledge that use of such information or data, is at your sole risk and discretion and therefore, Dazzletoday disclaims all warranties, express or implied, as to the accuracy of the information and Content contained on this Website. You shall be solely liable for relying on any information available on the Website. You understand and agree that Dazzletoday shall not be liable for any typographical, technical or any other kind of errors on the Website.
- WEBSITE ACCESS AND INTERFACE:
Dazzletoday grants you a non-exclusive and non-transferable, limited right to access and display the web pages within this Website on your personal computer or other platform. Your failure to comply with these Terms and any notices on this Website shall result in the automatic termination of any rights granted to you, without prior notice.
Except for the limited permission in the preceding paragraph, Dazzletoday does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights. You may not mirror any of the content from this Website on another website or in any other media.
You hereby agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You hereby confirm that you shall not copy, reproduce, alter, modify, create derivative works, or publicly display any content without obtaining prior written consent from us.
You shall not commit an act, omission which may contain any viruses including but not limited to trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You agree that Dazzletoday reserves the right to reject any content that, in the sole discretion of Dazzletoday is libelous, derogatory, pornographic, illegal, or otherwise inappropriate.
You shall not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You shall not use the Website or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
You shall not share or transmit Contents that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not intimidate or harass another through the Websites and, shall not post or transmit any personally identifiable information about minors on or through the Website.
You shall not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Website and you shall not use or attempt to use another’s personal information or attempt to gain unauthorized access to the Website, or the computer systems or networks connected to the Website, through hacking password mining or any other means.
- SUBSCRIPTION PLAN FEE:
The subscription plan fees are displayed on the Website is non-negotiable and subject to change without prior notice. All subscription fees may be displayed including applicable taxes or otherwise on our Website or in the confirmation email. The subscription fees shall collected in advance for the provision of Services. In the event, you select a subscription plan and provide billing information during or after the 30-day free trial, Dazzletoday will raise an invoice in advance for the year. After the payment, you will continue to enjoy the use of Dazzletoday for one year until expiry. The subscription fees for the Services rendered are non-refundable. The subscriptions are subject to automatic renewal unless you cancel it by emailing a notice requesting for cancellation of subscription at email@example.com and Dazzletoday shall be entitled to deduct the annual charges against the credit card. Dazzletoday might send an email confirming that the subscription to the Dazzletoday Services has been cancelled. If you go over your spending limit and reach another pricing plan during the year, then you will have to pay immediately on demand at the higher level on a pro-rata basis for the rest of the year, in order to enjoy the Services.
It is possible that the subscription fees indicated on this Website is inaccurate due to technical or typographical errors or are subject to change in the event of any statutory decision on the same. In the event that such an error occurs or if there is any variance beyond the control of Dazzletoday, Dazzletoday reserves the right to correct the same. Please note that in such a case, incorrect and erroneous subscription fee will not be enforceable against Dazzletoday.
All special offers and promotions, if any are marked as such. Dazzletoday reserves the right to vary the terms of the special offers and promotions based on market economics.
- RISK OF TRANSACTION:
While using the Website, you acknowledge that you fully assume the risks of the transaction and you further fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to the Services.
- THIRD PARTY LINKS:
The Website may contain links to other third party websites and web pages. Dazzletoday does not in any manner represent or endorse such websites / webpages and is not liable for the contents of such websites or for any claims arising out of your use of these websites as Dazzletoday has no control over such websites in any manner whatsoever.
- INTELLECTUAL PROPERTY RIGHTS:
Unless stated otherwise, the software required for our Services or available on or used by our Website and all intellectual property of the contents and information of and material on our Website “Intellectual Property” is wholly and exclusively owned by and all right, title and interest solely vests in Dazzletoday. Intellectual Property shall include but not be limited to all developments, proprietary information, trademarks, trade names, logos, art work, slogans, service mark, domain name, brand name, know-how, processes, methods, trade secrets, designs and all other work in which copyright may subsist. We possess the right to edit, copy, add to, take from, adapt, alter and translate the Intellectual Property.
You are not entitled to copy, scrape, link to, publish, promote, market, integrate, utilize, combine or otherwise use the content or our brand. To the extent that you would wholly or partly use or combine our content or would otherwise own any Intellectual Property Rights in the Website, you hereby irrevocably and unequivocally assign, transfer and set over all such Intellectual Property Rights to Dazzletoday. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our Intellectual Property Rights.
- PAYMENT OPTIONS:
The various modes of payment permitted by Dazzletoday are as follows a) Credit Card b) Debit Card c) Net banking d) wire transfer d) Cheque. It is clarified that even if you intend on paying with a wire transfer, by cheque payment or other methods, we require a valid credit card on file as a condition of subscribing in order to ensure the all of the many pay-per-use features offered within Dazzletoday can and will be paid for at the time of use.
Any charge levied by banks or payment gateway is independent and has no connection with Dazzletoday. Dazzletoday shall have no liability in case of any charge levied by banks or payment gateways.
- ACCURACY AS TO FINANCIAL DETAILS:
You agree, understand and confirm that the credit/ debit card details or other financial details provided by you shall be correct and accurate and shall always remain updated. You shall not use the credit/ debit card or financial facility which is not lawfully owned/ obtained by you for payments to be made to us. Dazzletoday shall not be liable for any credit/ debit card fraud committed by you or anyone on your behalf. The liability for use of a card fraudulently will be on you and the onus to prove otherwise will be exclusively on you.
- NO LIABILITY:
In no event will Dazzletoday be liable to any person for any indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this Website or any use of this Website or of any Website or resource linked to, referenced or accessed through this Website, and the Services rendered by us. This exclusion and waiver of liability applies to all causes of action, whether based in contract, warranty, tort or any other legal theories. In the event of any misuse, unauthorized use of your Personal Information, Dazzletoday shall not be liable in any case. Dazzletoday repudiates any and all legal liability including but not limited to for opinions or other information included in any content on the Website.
Notwithstanding anything contained under these Terms or otherwise, our aggregate maximum liability to you shall not exceed Rupees Thousand (Rs. 1,000/-).
- YOUR ACCOUNT:
You also agree and undertake to provide true, accurate, current and complete information about yourself as prompted if you use the Service’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Dazzletoday has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dazzletoday has the right to suspend or terminate your account and refuse any and all current or future use of the Services. If you use the Services, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Dazzletoday immediately of any unauthorized use of your account or any other breach of security.
- CONFIDENTIAL AND PERSONAL INFORMATION:
- DISCLAIMER OF WARRANTY:
Use of this Website and the Services is at your sole risk. All information, Services are provided on an ‘as is’ ‘as available’ basis, with no warranties or guarantees whatsoever. Dazzletoday expressly disclaims to the fullest extent permitted by law, all express, implied, statutory and other warranties, guarantees or representations. Without limitation, Dazzletoday makes no warranty or guarantee that this Website shall be uninterrupted, timely, secure or error free. Information on this Website, unless specifically promised or warranted to be correct, is not promised or guaranteed to be correct, current or complete and while Dazzletoday makes its best effort to ensure accuracy of the information, data and general content, this Website may contain technical inaccuracies or typographical errors. Dazzletoday assumes no responsibility for updating this Website to keep information current or to ensure the accuracy or completeness of any posted information. You agree that any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You shall use the Website for your personal use only.
- FORCE MAJEURE:
You understand and agree that Dazzletoday shall not be liable for any loss or damage with respect to the use of this Website and / or making any reservations if the same arises out of Force Majeure or an act of God or any other cause which is beyond the reasonable control of Dazzletoday, including but not limited to, any event such as war, equipment and technical failure, electrical power failure or fluctuation, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks,
- APPLICABLE LAW AND JURISDICTION:
Any disputes arising out of or in relation to these Terms shall be governed by the laws of India. The courts in Mumbai shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the Services provided by Dazzletoday.
You are not authorized to assign or transfer any of its rights and liabilities hereunder to any other person without the prior written consent of Dazzletoday.
Any notices or other communications permitted or required hereunder, will be in writing and given by Dazzletoday (i) via email (in each case to the address that you provide) or (ii) by posting to the Website or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
You agree to indemnify, release, defend and hold Dazzletoday, its affiliates, vendors, employees, officers, directors and agents harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services and of the Website; any violation by you of these Terms; or any breach of third party intellectual property rights; applicable laws or rights of another user
You agree and undertake to indemnify Dazzletoday in the event an action is filed against you by Dazzletoday that you breached these Terms and Dazzletoday succeeds, Dazzletoday shall be entitled to recover reasonable attorney fees and any damages or other relief that may be awarded to Dazzletoday.
In the event of any third party claim due to including but not limited to your marketing, spamming, invitation, you shall indemnify Dazzletoday and hold harmless its employees, directors, founders, promoters, vendors, affiliates.
- WAIVER: –
The failure of Dazzletoday to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by Dazzletoday.
- GRIEVANCE REDRESSAL: –
Dazzletoday makes its best efforts to provide the best quality of Services. However, if any person has any grievance with respect to any aspect / feature of the Website, you may write to firstname.lastname@example.org
- EXCLUSIVE PROPERTY: –
Any messages, notes, suggestions, ideas, notes, drawings, concepts or other material or information “Submissions”, which you may submit through or in connection with the Website will become the exclusive property of us. Accordingly, you agree that we have the right to publish any Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In addition, you agree that you will not transmit any Submission which infringes upon the rights of any third party. In case of any damage or injury to anyone by your submissions, you admit your liability and release Dazzletoday from any responsibility.
Note: Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.