TERMS OF USE

GENERAL

(a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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.

(b) 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 https://www.dgcandy.com.

(c) The domain name https://www.dgcandy.com ("Website"), including its online services and/or products, such as use of software on Website and information, music, audios, videos, text, graphics, images and information obtained from service providers and any other material contained on the Website is owned and operated by Digicandy Technologies Private Limited   (‘Company’) a private limited company registered under the Companies Act, 2013, having its registered office at 1418, Sammilani Park, Kolkata - 700075, India, 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.

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

  • The website www.dgcandy.com means and includes the Website/Mobile Application owned and managed by the Company.
  • The term ‘You’ or “User” shall mean any legal person or entity accessing using this Website to services provided or registered 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, Mobile Application and/or the Company, as the context so requires.
  • The terms ‘Party’& ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.

(e) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

(f) The use of the Website by the user is solely governed by these Terms as well as the Privacy Policy (“Policy”), available on Website and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services 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 User expressly agrees and acknowledges that the Terms of Use and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other, save as provided in Clause 4 hereunder.

(g) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.

(h) 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

OUR SERVICES

Digicandy Technologies Private Limited is an ISO 9001:2015 certified custom IT Company headquartered in Kolkata. Our services include (but not limited to) Website development, App development, Enterprise Resource Planning, UI/UX development, Testing, Business analytics and Digital marketing. We also intend to provide business process outsourcing services to clients outside India.

ELIGIBILITY

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.

TERM

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;

(c) You agree and acknowledge that https://www.dgcandy.com control in any manner any transactions on the website. Accordingly, the contract of sale of services on the website shall be a strictly bipartite contract between you and the Website on https://www.dgcandy.com/

TERMINATION

The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the services and /or products 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.

CHARGES & PAYMENT

(a) Payments for the services offered by website shall be made through payment gateway CC Avenue, Net Banking, Credit card, Debit card, UPI, Cash on Delivery and other wallets.

(b) Company offer no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts.

(c) GST on all the above services shall be charge separately.

(d) Company has a right to hold or reclaim the Payment in cases of abuse, fraud or violation of agreement.

However, the company reserves the right to amend this fee policy for any or all services offered or sold. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.

TERMS, CONDITIONS AND DUTIES OF THE USER

(a) It is the duty of User to provide one’s true/accurate/complete information, and all the details relating thereof on the website. If any Use detail found to be false then company shall reserve the right on its sole discretion to reject the registration and debar the User from using the Services available on its website, without prior intimation whatsoever.

(b) The User agrees to comply with all notices or instructions given by Company from time to time to enable the use of the Services.

(c) User shall take care to choose the right service and/or products and advised to check the service/product description carefully so company can deliver the right services/products.

(d) User shall indemnify and hold the Company, harmless for any loss or damage arising out of User’s to comply with any applicable laws or regulations and for breach of the following warranties and representations.

(e) The User shall at all times during the pendency of this agreement endeavor to protect and promote the interest of the Company and ensure that there will be no damage to third party (client/customer) due to act/ omission on the part of the User.

(f) The user will be responsible for maintaining the confidentiality of the account and password for restricting access to your computer to prevent unauthorized access to the account.

(g) The user shall be responsible for all activities that occur under user’s account.

(h) The User further undertakes not to:

  • Engage in any activity that interferes with or disrupts access to the Website or the services and/or goods provided therein (or the servers and networks which are connected to the Website);
  • 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;
  • 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 service or product offered on the Website;
  • 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;
  • 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 of any other supplier/service provider of the Company/Website;
  • Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
  • 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 express prior written consent of the Company.

TERMS, CONDITIONS, AND DUTIES OF COMPANY

(a) The Company shall list of all services and/or products for hire/sale on the Website in accordance with the policies.

(b) The Company shall be legally authorized to sell/hire the services(s) and/or products listed for sale on Website and have all the necessary licenses and permits required for such sale.

(c) Duty of Company not to mislead the description of any service/product or item and describe actual condition of the same.

(d) Company grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company and / or its affiliates, as may be applicable.

(e) The Menu of the Company will cover the entire range of products/services of the vendor and the order chosen by the User will be transferred to the respective Vendor for its delivery.

CUSTOMER RELATIONSHIP MANAGEMENT

All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address mentioned.

Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.

By availing services on www.dgcandy.com – customer acknowledges that Company will Call/Email/SMS or send alerts to give/take information regarding his/her bookings.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available to it, 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:

(a) If the User is in breach any of these Terms or the Policy;

(b) If the User has provided wrong, inaccurate, incomplete or incorrect information;

(c) 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.

(d) If User’ action ccopying or duplicating in any manner any of content or other information available from the Website.

INDEMNITY AND LIMITATIONS

The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its directors, affiliate Users, employees, 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-fulfilment 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 services, products or materials contained therein.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images, and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company the company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this clause shall survive even after the termination or expiry of the Terms and/or Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

(a) 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.

(b) Information accessed through company website and other touch points is presented in summary form and is not exhaustive. Company makes no warranties or representations as to its accuracy or completeness. This information is provided "as is" without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for particular purpose, or non-infringement. 

(c) The information accessible from Company, website and other communication contains forward-looking statements that involve risks and uncertainties, including statements with respect to the potential benefits of a healthcare plan or medical procedure, and successful treatment of a medical condition of the patient. Actual results may differ materially from those indicated by such forward-looking statements.

(d) The Company/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.

(e) It is further agreed to by the Parties that the contents of this Clause shall survive even after the termination or expiry of the Terms and/or Policy.

SUBMISSIONS

Any comments, feedback, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes/claim/refund/compensation arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Clause shall survive even after the termination or expiry of the Terms and/or Policy.

(a) Mediation: In case of any dispute/claim/refund/compensation between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;

(b) Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration under Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The seat of Arbitration shall be in the, Kolkata, West Bengal, India.

(c) This Agreement shall be governed by and construed in accordance with the laws of India. The Parties hereby agree to submit to the jurisdiction of the competent Courts at Kolkata.

NOTICES

Any or all kind of 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).

MISCELLANEOUS PROVISIONS

(a) 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.

(b) 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.

(c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses 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 unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.