Terms & Conditions
The domain name www.dvcomm.in (hereinafter referred to as “Website”) is owned by NCR DATA VOIZ COMM PVT.LTD.
DVCOMM provides its services to you subject to the notices, terms, and conditions set forth in this agreement (hereinafter referred to as the “Terms”). In addition, when you use any www.dvcomm.in service, you will be subject to the rules, guidelines, policies, terms, conditions, and documents applicable to such service, and they are incorporated into these Terms by this reference.
By mere use of the Website, you shall be contracting with DVCOMM and these Terms including the policies represent a binding contract between you and us. Therefore, you should read these Terms carefully before you start to use the Services. DVCOMM retains the right to deny access to anyone who we believe has violated any of these Terms.
ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES YOUR AGREEMENT TO THESE TERMS, SO YOU ARE ADVISED TO READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
- RIGHTS TO CHANGE THESE TERMS & CONDITIONS
We reserve the unilateral right to revise these Terms from time to time and at any time without providing any intimation to you and in our sole discretion. We will post the new version of these Terms or any policies on this Website and any change or modification to these Terms shall be effective immediately from the date of such upload of the revised Terms on the Website. Your continued use of the Website following the modifications to the Terms and policies constitutes your acceptance of the modified terms and conditions whether or not you have read them and shall be binding on you. For this reason, you are advised to frequently review these Terms and other policies.
- CHANGES OR UPDATION TO THE WEBSITE & ITS CONTENT
In order to optimize and improve your experience, we may update the website from time to time and may change the content, display, or form at any time without prior notice. We do not guarantee that the website, or any content provided or displayed on it, will be free from errors or omissions. Further, we are under no obligation to update the Website or any of the content provided on it.
- ELIGIBILITY CRITERIA
You must be 18 (eighteen) years or older and capable of entering into a legally binding agreement (as per the Indian Contract Act, 1872) in order to use the website. If you are under 18 (eighteen) years of age, you may use this Website only with the involvement of a parent or guardian.
- TERMS & CONDITIONS FOR USE OF SERVICES
4.2. During the registration process you are also required to submit your personal information, which may include information relating to your name, mobile device, location, etc. You agree that the information provided by you upon registration and at all times thereafter will be true, accurate, current, and complete. You agree to maintain and update this information to keep it true, accurate, and complete at all times while using Website and availing of the services. You also 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.
4.3. If you are accessing, browsing, and using the Website or availing the services 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 these Terms, you agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.
4.4. If you know or have reason to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided on the Website. 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 DVCOMM.
4.5. Prohibited Uses. You shall not use the Website for any illegal, unlawful, unauthorized, or prohibited purposes (“Prohibited Uses”) nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). You will comply with all applicable laws, rules, and regulations in your use of the Website. In the event you use the Website for any Prohibited Uses, we reserve the right to immediately and without notice, suspend/delete your account and ban you from accessing Website in the future.
- USER-RELATED CONTENT
5.1. You retain ownership and sole responsibility for any text, messages, chat communications, billboard postings, software, photos, drawings, graphics, profiles, opinions, ideas, images, videos, audio files or other materials or information posted, uploaded, emailed, transmitted or otherwise made available to the Website by you (collectively “User Content”). Therefore, you are responsible for User Content and you must ensure that you have all the rights and permissions needed to use User Content on the Website.
5.2. By using the Website, you grant us a worldwide, perpetual, unrestricted, royalty-free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit User Content, but only for the limited purposes of providing the services to you and as otherwise permitted by our privacy policies. This license continues even after you stop using our website. You acknowledge that this license includes the right for us to make User Content available to other users of the Website, who may use User Content subject to these Terms.
5.3. You can remove your content by deleting it, however in certain circumstances User Content may not be completely removed, and copies of User Content may continue to exist on the Website. We are not responsible or liable for the removal or deletion of (or failure to remove or delete) any of User Content.
5.4. DVCOMM does not endorse or control the User Content transmitted or posted on the Website and therefore, accuracy, integrity or quality of User Content is not guaranteed by DVCOMM. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will DVCOMM be liable in any manner whatsoever 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. You hereby waive all rights to any claims against DVOMM 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.
5.5. You hereby acknowledge that DVCOMM has the right, but not the obligation, in its sole discretion to refuse to post or to remove any User Content and further reserves the right to change, condense, or delete any User Content.
6.1. These Terms are effective unless and until terminated by either you or DVCOMM.
6.2. You agree that DVCOMM, in its sole discretion, for any or no reason, and without penalty or notice, may suspend or terminate your account (or any part thereof) or your use of the Website at any time.
6.3. You agree that any termination of your access to the Website or any account you may have or a portion thereof may be without prior notice, and you agree that DVCOMM will not be liable to you or any third party for any such termination
6.4. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that DVCOMM may have at law or in equity.
- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
7.1. The Website is presented “as is” and “as available” basis without any warranty or condition, express, implied, or statutory. Neither we nor our affiliates, partners, directors, employers, agents, licensors, or suppliers make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or this Website 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.
7.2. You agree that in no event will DVCOMM or its affiliates, directors, employees, agents, licensors, partners, or suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to:
(i) these Terms;
(ii) the Website; or
(iii) your use or inability to use the Website.
7.3. In no event will DVCOMM or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers' total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to:
(i) these Terms;
(ii) the Website;
(iii) your use or inability to use the Website; or
(iv) any other interactions with TMC,
howsoever caused and whether arising in contract, tort including negligence, warranty, or otherwise, exceed the amount paid by you, if any, for using the portion of the services or website.
7.4. In no event will DVCOMM or any of its contractors, directors, employees, agents, third-party partners, licensors, or suppliers be liable to you for any losses, damage, liabilities, and causes of action arising out of any act, omission or negligence to which you contributed.
- PRICES AND AVAILABILITY OF PRODUCTS
8.1. Without limiting the generality of Cancellations, Refunds, and Exchange, if a product/ service is listed at an incorrect price or with incorrect information due to any technical error, DVCOMM 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 already been availed by you. In the event that an item is wrongly priced, DVCOMM may, in its sole 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 availed, your offer will not be deemed accepted and DVCOMM will have the right to modify the price of the product/service and contact you for further instructions using the contact details provided by you.
8.2. Prices and availability of the products and services provided or offered on the Website are subject to change without prior notice and at the sole discretion of DVCOMM and DVCOMM may revise and cease to make available any product/service at any time.
- NEWSLETTERS & COMMUNICATIONS
By registering your e-mail address and phone number with the Platform, you hereby expressly agree to receive communications and newsletters from us via e-mails, browser push, phone calls, SMS, and, or, customized push notifications on our application, whether for any verification or towards promotional updates regarding our services and subscription plans.