THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND DWIZZY INFOTECH PVT. LTD., GOVERNING YOUR USE OF DWIZZY INFOTECH PVT. LTD. SUITE OF DATA AND CUSTOMER RELATIONSHIP MANAGEMENT SOFTWARE.
This Agreement consists of the following terms and conditions (hereinafter the “Terms”).
Acceptance of the Terms
You must be of legal age and eligible in all aspects to enter into a binding agreement in order to accept these Terms of Service.
Modifications and Waiver
DWIZZY INFOTECH PVT. LTD. may change these Terms from time to time, at its sole discretion. Your continued use of our Services following the posting of such changes will constitute as your assent to all such subsequent changes to these Terms. Please periodically visit this section of our website to review the current version of these Terms.
Description of Service
We provide an array of services for data management and customer relationship management (“Service” or “Services”).
You may connect to the Services using any Internet browser, computers, or mobile devices supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. You agree to:
a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and
b) Maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.
c) If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if DWIZZY INFOTECH PVT. LTD. has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, DWIZZY INFOTECH PVT. LTD. may terminate your user account and refuse current or future use of any or all of the Services.
Personal Information and Privacy
The Service may include certain communications from DWIZZY INFOTECH PVT. LTD., such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy email@example.com in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by DWIZZY INFOTECH PVT. LTD. to the complainant.
Fees and Payments
The Services are available under subscription plans of various durations and fees. Your user account will remain active as long as you continue making payments for your subscription plan. All payments are non-refundable, unless approved by DWIZZY INFOTECH PVT. LTD. on its sole discretion. From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle
Neither party may issue press releases regarding this Agreement without the other party’s prior written consent. Either party may include the name and logo of the other party in lists of customers or vendor in accordance with the other party’s standard guidelines.
Relationship between You and DWIZZY INFOTECH PVT. LTD.
You and DWIZZY INFOTECH PVT. LTD. are independent contractors. This Agreement does not create a joint venture or partnership between You and DWIZZY INFOTECH PVT. LTD.; neither party is by virtue of this Agreement authorized as an agent, employee or representative of the other party.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not:
A. transfer the Services or otherwise make it available to any third party;
B. provide any service based on the Services without prior written permission;
C.use the third party links to sites without agreeing to their website terms & conditions;
D. post links to third party sites or use their logo, company name, etc. without their prior written permission;
E. publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
F. use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of DWIZZY INFOTECH PVT. LTD.;
G. violate any applicable local, state, national or international law; and
H. create a false identity to mislead any person as to the identity or origin of any communication.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Usage of Services
Using the Virtual Partner’s services requires communication via SMS (short messaging service). You are responsible for any fees and costs for accessing the System or Services from a mobile device as charged by the mobile device service provider. You also agree that you are fully aware of and well conversant with the “Telecom Commercial Communications Customer Preference Regulations 2010” issued by the Telecom Regulatory Authority of India with respect to Unsolicited Commercial Communication (“UCC Regulations”). You further agree that you are also fully aware of & well conversant with the implications for the violations of the UCC Regulations including the penal and financial related actions against the violation of the UCC Regulations. For avoidance of doubt, you understand that the penalty schedule for breach of the UCC regulation is as follows
You shall use the DWIZZY INFOTECH PVT. LTD.’s Platform (Virtual Partner) for Your internal business purposes as contemplated by this Agreement and shall not:
• tamper with the security of the System or tamper with other customer accounts of DWIZZY INFOTECH PVT. LTD.
• access data on the System not intended for You
• log into a server or account on the System that You are not authorized to access
• attempt to probe, scan or test the vulnerability of any System or to breach the security or authentication measures without proper authorization;
• render any part of the System unusable;
• lease, distribute, license, sell or otherwise commercially exploit the abovementioned Platform or make it available to a third party other than as contemplated in this Agreement
• use the abovementioned Platform for timesharing or service bureau purposes or otherwise for the benefit of a third party
• provide to third parties any evaluation or Free Trial version of the abovementioned Platform without it’s prior written consent.
If any provision of this Agreement is held to be unenforceable or illegal by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable, or shall be severed from this Agreement, and all other provisions of this Agreement shall remain in full force and effect.
Neither party to this Agreement shall be liable to the other for any failure or delay in performance by circumstances beyond its control, including but not limited to, acts of God, fire, labor difficulties, governmental action or terrorism, provided that the party seeking to rely on such circumstances gives written notice of such circumstances to the other party hereto and uses reasonable efforts to overcome such circumstances.