BY ACCESSING, BROWSING OR OTHERWISE USING THE MYDIGITALTELEMARKETING.COM YOU UNDERSTAND THAT YOU SHALL BE CONTRACTING WITH THE COMPANY AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS UNDER THESE ‘TERMS OF USE’, SO PLEASE READ THE ‘TERMS OF USE’ CAREFULLY, BEFORE PROCEEDING. IF YOU DO NOT UNDERSTAND THESE TERMS OF USE OR THE PRIVACY POLICY OR DO NOT ACCEPT OR AGREE TO ANY PART OF THEM, THEN YOU ARE REQUESTED TO NOT USE MYDIGITALTELEMARKETING.COM.
A. APPLICABILITY OF TERMS
These Terms and Conditions, in so far as they refer to the User, form the contract and agreement between You and SUREWIN TELEIT Pvt. Ltd., unconditionally relating to use of website accessible through web mydigitaltelemarketing.com branded and hereinafter referred to as “Mydigitaltelemarketing.com” or any services availed/subscribed/provided through Mydigitaltelemarketing.com (“Service(s)”). Please review the following terms and conditions (“Terms of Use”) along with other relevant documents which are incorporated herein by way of reference that govern Your use of Mydigitaltelemarketing.com as they constitute a legally binding agreement between You and the Company.
In these Terms of Use, references to ‘we’, ‘us’ and ‘our’ are references to the Company and references to ‘You’, ‘Your’ and ‘User’ are references to any natural or legal person using or accessing Mydigitaltelemarketing.com. We may change, move or delete portions of, or may add to, these Terms of Use from time to time without any prior notice to You.
By impliedly or expressly accepting these Terms of Use, User also accepts and agrees to be bound by the Company policies (including but not limited to Privacy Policy and Refund Policy) as amended from time to time and the Applicable Laws. The term “Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter.
When You use or avail any of the Service(s) offered on Mydigitaltelemarketing.com, You may also be subject to the rules, guidelines, cancellation & refund policies, terms and conditions (hereinafter collectively “Additional Policies”) of third party/ies and/or service partner(s) such as loan provider partner, transaction partner, technology partner, partners institutes, hiring partners etc. listed on Mydigitaltelemarketing.com (“Service Partner(s)”) The Additional Policies by the Service Partner(s) though do not form part and parcel of this Terms of Use, HOWEVER YOU ARE ADVISED TO CAREFULLY READ SUCH ADDITIONAL POLICIES BEFORE AVAILING ANY SERVICE(S) WHICH MAY APPLY TO YOU IN RELATION TO THE RELEVANT SERVICE.
B. RIGHT TO ALTER THE SERVICES
Mydigitaltelemarketing.com is being offered at the sole discretion of the Company and the Company reserves the right to add, amend, revise, withdraw, suspend or cancel the usage of this viewable/usable rights of Mydigitaltelemarketing.com either in whole or in part any of the services which are part of Mydigitaltelemarketing.com, without any prior notice to the User. Any addition, amendment, revision, suspension or cancellation shall be effective and binding on the User from the date of publication on Mydigitaltelemarketing.com.
The Company may introduce new services (forming part of Mydigitaltelemarketing.com) on Mydigitaltelemarketing.com from time to time without any prior notice to the User. The existence and availability of the new services as part of Mydigitaltelemarketing.com will be notified on Mydigitaltelemarketing.com as and when they become available.
It is the responsibility of the User to review these Terms of Use for any updates / changes. Continued use of Mydigitaltelemarketing.com by You, following the posting of any changes will mean that You have accepted and agreed to the revisions of the Terms of Use and other policies incorporated by reference. As long as You comply with these Terms of Use, the Company grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use Mydigitaltelemarketing.com.
Your use of Mydigitaltelemarketing.com will be subject to the most recent version of the Terms of Use available published on Mydigitaltelemarketing.com. Kindly note that the Service Partner Policies may be changed by the Service Partner(s) at any time without any prior written notice to Us/You. You are required to read through the Terms of Use including all the referenced policies herein and applicable Service Partner Policies regularly so that You can be sure that You are aware of any changes that may apply to You.
C. MYDIGITALTELEMARKETING.COM AVAILABILITY AND COMMUNICATION
We will do our utmost to ensure that the availability of Mydigitaltelemarketing.com will be uninterrupted and that transmissions on Mydigitaltelemarketing.com will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, Your access to Mydigitaltelemarketing.com may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new features or services at any time without prior notice. We will attempt to limit but cannot guarantee the frequency and duration of any such suspension or restriction and in this regard, You affirm and acknowledge that You shall no objection. Mydigitaltelemarketing.com and/or the Services may be temporarily unavailable or restricted for administrative or other reasons. If this happens, the Company will endeavor to restore their availability as quickly as possible.
By registering and/or creating a user account with us, you agree that we may send You informational text (SMS)/ WhatsApp messages/email(s) or connect You through voice call as part of the normal business operation of Your use of the Services. You may opt-out of receiving text (SMS)/ WhatsApp messages/email (s) or from receiving voice calls from us at any time by writing to us at contactus@mydigitaltelemarketing.com.com clearly indicating that You no longer wish to receive any messages or voice calls, along with the phone number of the mobile device receiving the messages or calls. You acknowledge that opting out of receiving any messages or voice calls may impact Your use of the Services. The User hereby unconditionally consents that such communications via SMS, WhatsApp messages, voice call, email or any other mode by the Company are upon the request and authorization of the User and are transactional in nature and not an unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India.
When You use Mydigitaltelemarketing.com and/or send emails and/or other data, information or communication to Us, You agree and understand that You are communicating with the Company through electronic records and hereby consent to receive communications via electronic records from the Company periodically and as and when required. We may communicate with the User by email or by such other mode of communication, electronic or otherwise. The medium of communication on Mydigitaltelemarketing.com shall be in English.
D. ACCOUNT AND REGISTRATION OBLIGATIONS
Age Requirement: Access or use of certain Services and/or transaction on Mydigitaltelemarketing.com is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 are not eligible to use or access Mydigitaltelemarketing.com. If You are a minor i.e. under the age of 18 years, You may use or access Mydigitaltelemarketing.com only under the supervision and prior consent/ permission of a parent or legal guardian.
We reserve the right to terminate Your account and / or refuse to provide You with access to Mydigitaltelemarketing.com if it is brought to Our notice or if it is discovered that You are under the age of 18 years and transacting, and using Services offered by us without prior consent/ permission of a parent or legal guardian.
Account Creation: As a pre-requisite Mydigitaltelemarketing.com for accessing the content on Mydigitaltelemarketing.com, we may require You to register for availing of the Services. You are requested to complete all the required columns and the Company retains the right to cross-verify the same by requesting You to provide documentary evidence for the same. You promise to provide us with accurate, complete, and updated registration information about yourself. The Company also reserves the right to terminate the registration at its own discretion for any reason, including but not limited to the submission of erroneous/ incomplete/ derogatory/ inappropriate/ incomplete information. The Company shall at no time be required to ensure that the details provided by You are up to date and it shall be Your responsibility to ensure that the same is duly updated at all points of time.
User ID and User Password: You understand that You shall be able to access the selected service by using the User ID and generated User Password. You confirm and agree that You will be the sole and exclusive owner and the only authorized user of the User ID and User Password and accept sole responsibility for relating to its use, confidentiality and protection as well as for all account transactions initiated through Your Account on Mydigitaltelemarketing.com. You will not share the User ID and User Password with anyone, and You shall be solely liable and responsible for all the activities undertaken through Your account, and any consequences therefrom.
Retrieve ID/Password: In case You forget or lose Your User ID or the Password, You would be able to retrieve You User ID or Password by following the procedure on Mydigitaltelemarketing.com. User undertakes not to disclose the User Password to any person including employees of the Company.
User undertaking and obligations are as follows:
User shall follow such procedure laid down by the Company from time to time in case of loss of Password. Neither the Company nor any of their officers, directors, employees, advisors, affiliates or subsidiaries can or will have any responsibility or liability to the User or to any other person whose claim may arise through the User with respect to any of the circumstances described above.
User must log out of Mydigitaltelemarketing.com that has been accessed and close the web browser else, information about the User may appear on the screen of the computer when it is next used and the Company cannot be held responsible for third parties having access to this information.
User shall be responsible for all activity and content (data, graphics, photos, links) that is uploaded under his/her User Account.
Unauthorised access: You are instructed to use legitimate User ID and Password assigned to You only. Use of access credentials meant for other users will be identified as unauthorised access to Mydigitaltelemarketing.com and You may be disabled or barred from using other services. Legal action may be taken as per Applicable Law.
The User will indemnify and hold harmless the Company against all types of losses and damages incurred by the Company due to any action taken by any regulatory body or any public authority due to any erroneous complaint raised by You against the Company with respect to the communications mentioned above or due to a wrong number or email id being provided by You for any reason whatsoever.
E. TRANSACTIONS ON MYDIGITALTELEMARKETING.COM
Account Transactions: User shall at all times be fully responsible and liable for all account transactions that are carried out by the use of the User ID or the User Password registered under the User (“Account Transactions”). If third parties gain access to the services offered as part of Mydigitaltelemarketing.com through the use of the User ID and User Password, the User shall be deemed to be responsible and the User hereby indemnifies and holds the Company harmless against any liability, costs or damages arising out of claims or suits by or against such third parties based upon or relating to such access and use.
Any Account Transactions authorized by using the User ID and User Password shall be deemed to be that of and initiated by You and the Company shall treat the transactions as genuine and will carry them out even if given in error and is not responsible for any mistake/ error made by You in keying in any details or data or any facts or figures. We will endeavor to carry out the instructions correctly, but it is Your responsibility to check that the Company has carried out instructions correctly. If the transaction has not been carried out correctly or an error has occurred, You should immediately notify the Company.
Evidence of Transactions: The Company’s own records of the any Transactions maintained through computer systems or otherwise including time of such Transactions shall be conclusive proof of the genuineness and accuracy of the Transactions and binding for all purposes.
All Transactions shall be subject to Government notifications, the rules, regulations and guidelines issued by the Reserve Bank of India, and those of other regulatory bodies defining rules/regulations governing the offer of any Service on Mydigitaltelemarketing.com, if any, on which such transactions are executed and/or cleared by the Company.
Payment transaction at a cyber cafe/shared computer terminal is risky and You shall not use the services of a cyber cafe/shared computer terminal to do any such transactions. If so, the Company will not be liable for any misuse or fraud committed using such terminals or machines.
Account restrictions & Legal Action:We may at our sole discretion suspend, block, restrict, cancel the account of such User and/or disqualify that User and any related Users who, files an invalid and/or false claims or provides false, incomplete, or misleading information. We reserve our right to initiate civil and/or criminal proceedings against such Users. In addition to the legal proceedings as aforesaid, we reserve the right to seek prosecution of any person who, knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete, or misleading information and may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
The Company would be entitled, at its sole discretion, to seek offline written or other confirmation from the User of any Account Transaction as it may deem fit to ascertain or verify the genuineness of request on Mydigitaltelemarketing.com.
Offers and Promotional Codes: From time to time, we may at our sole discretion provide offers or create promotional codes that may be redeemed for credit, or other features or benefits related to the Services. Each such offer has its own terms and conditions, which may be set forth on such offers or promotional codes and published on Mydigitaltelemarketing.com or communicated to You separately.
We reserve the right to refuse to process transactions by Users having a prior history breach of any of the Company’s policies or this Terms of Use or was in breach/violation of any applicable law.
F. PAYMENT AND PAYMENT TERMS
Payment Method & Currency: The payment methods and currencies You can use depend on Your location. We offer varied payment methods and accept payments in foreign currencies as made available on Mydigitaltelemarketing.com from various locations. Depending on where You transact with Us, the type of payment method used, and where Your payment was issued, Your transaction with us may be subject to foreign exchange fees or exchange rates.
Billing: All payments shall be subject to applicable taxes including without limitation Goods and Service Taxes (GST) and Value Added Taxes (VAT) or other similar taxes as may apply to You are calculated based on the billing information You provide to us at the time of registration/purchase.
You understand that upon initiating a transaction on Mydigitaltelemarketing.com, You are using the payment method/s provided by Us, and You shall pay the transaction price towards the Service(s) availed or to be availed by You through Your issuing bank to us by using the said payment method/s.
We reserve the right to refuse to process any transaction(s) by User(s) with a prior history of any questionable charges including without limitation breach of this Terms of Use or any policies or is in breach/violation of any law.
While availing any of the payment method/s offered on Mydigitaltelemarketing.com, the Company is not responsible or takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to You out of the decline due to:
lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed by You and between Your Bank/s, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. Your arrangement with Issuing Bank
All valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective issuing bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective issuing bank which supports a payment facility to provide these services to the users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between User and the respective issuing bank.
G. USER REPRESENTATIONS AND WARRANTIES
You agree, undertake and confirm that Your use of Mydigitaltelemarketing.com shall be governed under the Applicable Laws and You shall not host, display, upload, modify, publish, transmit, update or share any information that: belongs to another person and to which the user does not have any right;
is defamatory, obscene, pornographic, pedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; is harmful to child; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; impersonates another person; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation; contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
You further agree, undertake, warrant and confirm that You shall not participate in any action that imposes an unreasonable or disproportionately large load on the infrastructure of Mydigitaltelemarketing.com’s systems or networks, or any systems or networks connected to Mydigitaltelemarketing.com.
use any device, software or routine to interfere or attempt to interfere with the proper working of Mydigitaltelemarketing.com or any transaction being conducted on Mydigitaltelemarketing.com, or with any other person’s use of Mydigitaltelemarketing.com.
attempt to probe, scan or test the vulnerability of Mydigitaltelemarketing.com or any network connected to Mydigitaltelemarketing.com, nor to breach the security or authentication measures on Mydigitaltelemarketing.com or any network connected to Mydigitaltelemarketing.com.
attempt to reverse look-up, trace or seek to trace any information on any other user of or visitor to Mydigitaltelemarketing.com, or any other customer of the Company , including any login account not owned by You, to its source, or exploit Mydigitaltelemarketing.com or any service or information made available or offered by or through Mydigitaltelemarketing.com, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by Mydigitaltelemarketing.com.
use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Mydigitaltelemarketing.com or any content, or in any way reproduce or circumvent the navigational structure or presentation of Mydigitaltelemarketing.com or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Mydigitaltelemarketing.com.
attempt to gain unauthorized access to any portion or feature of Mydigitaltelemarketing.com, or any other systems or networks connected to Mydigitaltelemarketing.com or to any other Company server, or to any of the services offered on or through Mydigitaltelemarketing.com, by hacking, password “mining” or any other illegitimate means.
attempt to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Company on or through Mydigitaltelemarketing.com or any service offered on or through Mydigitaltelemarketing.com. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
attempt to use Mydigitaltelemarketing.com or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Mydigitaltelemarketing.com or others.
attempt to introduce or cause to introduce any computer contaminant and by means of such conduct cause or be likely to cause damage or destruction to Mydigitaltelemarketing.com property or disruption of Mydigitaltelemarketing.com services.
attempt to knowingly or intentionally penetrate or access Mydigitaltelemarketing.com network or systems without authorization or exceeding authorized access; and by means of such conduct carry out an unauthorized transaction or obtain access to information, data or computer database that is restricted.
attempt to interfere with services provided to any user, host or network or carry out DOS attacks which includes but is not limited to ‘flooding’ of networks, deliberate attempts to overload a service, and attempts to ‘crash’ a host.
You also undertake that You shall be respectful towards any representative, member of Mydigitaltelemarketing.com/the Company or its employee, staff and shall not indulge in verbal abuse, sending any material of sexual abuse, discrimination, sexual violence, sexual harassment by written/or oral expression and/or gesture and workplace harassment.
H. INTELLECTUAL PROPERTY RIGHTS
Unless expressly stated otherwise, all material images, illustrations, designs, icons, photographs, music, video clips, audio material, text, trademarks or logos, directories, charts, guides, excerpts, opinions, critiques reviews, made available through Mydigitaltelemarketing.com (collectively, the “Content”) are protected by copyrights, trademarks and/or other intellectual property rights owned, controlled or licensed to the Company and/or its subsidiaries, affiliates and advertisers. Content or information available on Mydigitaltelemarketing.com is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such content or information in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the Company, modification of the content or information, use of the content or information on any other platform or networked computer environment or use of the content or information for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is strictly prohibited.
Copyright Compliant: To report allegedly infringing Content hosted on Mydigitaltelemarketing.com, You are requested to send a notice along with a screenshot or snippet of the infringing Content on grievance@mydigitaltelemarketing.com.com
I. DATA PRIVACY
In relation to our collection, processing, sharing and storing of any personal information /data provided to us shall be in accordance with our Privacy Policy. The Privacy Policy forms integral part of the Terms of Use and shall at all times be read in conjunction the terms of Use. Kindly review our Privacy Policy, which also governs Your visit to Mydigitaltelemarketing.com.
J. FEEDBACK / SUBMISSIONS
You acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding Mydigitaltelemarketing.com and/or Service(s) or otherwise (“Feedback/Submissions“) provided by You are non-confidential and we (as well as any of our associated third parties) shall be entitled to worldwide unrestricted use and dissemination of these Feedback/Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to You.
K. DOWNLOADS
Please note that any downloads provided may only be used for promotional, journalistic and/or reporting purposes relating to the Company and for no other purpose. All software, multimedia files, photographs, reports and other documents are downloaded at Your own risk. We do not warrant the suitability of any such downloads and accept no liability in this regard.
L. DISCLAIMER
MYDIGITALTELEMARKETING.COM, SERVICES INCLUDING ANY INFORMATION MADE AVAILABLE TO THE USER THROUGH MYDIGITALTELEMARKETING.COM ARE PROVIDED ON ‘AS IS’ AND ‘AS AVAILABLE’. YOU AGREE THAT YOUR USE OF THE MYDIGITALTELEMARKETING.COM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. EXCEPT TO THE EXTENT PROHIBITED BYLAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD-PARTY CONTENT, (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY SERVICE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE OFFERINGS OR THIRDPARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED, AND (C) DO NOT WARRANT THAT (I) MYDIGITALTELEMARKETING.COM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE INFORMATION PUBLISHED ON MYDIGITALTELEMARKETING.COM IS COMPLETE, TRUE, ACCURATE OR NON-MISLEADING; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR SUBSCRIBED BY USER THROUGH MYDIGITALTELEMARKETING.COM WILL MEET USER EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
M. INDEMNITY & RELEASE
You agree to defend, indemnify and hold harmless the Company , its subsidiaries, and affiliates, and their respective directors, officers, employees, service providers, representatives and agents (collectively referred to as “Indemnities”), from and against any and all claims, losses, damages, liabilities, or demands, including reasonable attorneys’ fees and expenses due to or arising out of Your use of Mydigitaltelemarketing.com and/or Services, including, without limitation Your use in violation of this Terms of Use, Privacy Policy and other policies or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
You hereby expressly release the Indemnities from any cost, damage, liability or other consequence of any of the actions/inactions of any third party or service partners that You may have in this behalf against any of the Indemnitees and specifically waive any claims or demands that You may have in this behalf under any statute, contract or otherwise.
N. FORCE MAJEURE
In no event shall the Company be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemic, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; in all such circumstance the Company shall use reasonable efforts to resume performance as soon as practicable possible.
In the event, the Company is prevented from providing program/service due to a force majeure situation mentioned in the above clause then the Company at its sole discretion may change the mode of delivery of program/service without reducing the consideration payable by You; and/or
O. JURISDICTION
Your usage of Mydigitaltelemarketing.com and the terms and conditions herein shall always be governed by Indian laws and all disputes shall be subject to exclusive jurisdiction of courts at Bhubaneswar.
The Company accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than India. The mere fact that Mydigitaltelemarketing.com can be accessed by a User in or from a country other than India would not mean that the laws of the said country would govern these Terms of Use and/or usage of Mydigitaltelemarketing.com by You. The Company’s performance of terms and conditions are subject to existing laws and legal process, and nothing contained in this Terms of Use is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of Mydigitaltelemarketing.com or information provided to/ gathered by the Company with respect of such use.
P. DISPUTE RESOLUTION
All or any disputes, controversy or claim arising out of or touching upon or in relating in any way to Services availed by You under this Terms of Use, including dispute concerning the interpretation and validity of this Terms of Use, shall be settled amicably by mutual discussion, failing which the same shall be settled through courts located in Bhubaneswar exclusively.
Q. GENERAL
Bipartite contract with Service Partner(s): You are fully aware that the contract between You and the Service Partner(s) is a bipartite contract and understand that the Company is merely a facilitator and is not and cannot be a party to or control in any manner any contractual obligations between You and the Service Partner(s). You shall be solely responsible and accountable to Service Partner(s) for any default including non-repayment and/or misappropriation of funds.
Assignment: You may not assign Your rights and obligations under this Terms of Use to anyone. We may assign its rights and obligations under this Terms of Use in its sole discretion and without advance notice to You.
Cookies: We shall have the right to store ‘cookies’ on Your system during the use of Mydigitaltelemarketing.com. These cookies allow the users to be automatically identified as a user upon their next use of Mydigitaltelemarketing.com. You shall have the right to block the storage of cookies or delete cookies by making the appropriate browser settings.
No Relationship: Nothing in this Terms of Use (or any of the arrangements contemplated herein) shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of employer and employee, principal and agent or a partnership between the parties for any purpose or entitle to commit or bind each other in any manner.
The words ‘including’ or ‘include’ and words of similar effect will not be deemed to limit the general effect of the words which follow them.
The headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section or form part of these terms and will not affect the interpretation of any section.
Severability: If any part of this Terms of Use is declared void, voidable, illegal, invalid or unenforceable under the Applicable Laws, such part shall be severed, and the remainder of the Terms of Use will continue be valid and enforceable.
Any disclaimers and exclusions contained within these terms will survive termination of these terms.
If the Company fails to exercise any right or remedy under these terms, this shall not prevent the Company from doing so at any time in the future.
Declaration by User:
You affirm and acknowledge that the availability of the information, advice and the guidance, if any, on Mydigitaltelemarketing.com does not constitute a recommendation and is not a solicitation by the Company or any of their personnel or the experts used by the Company.
You affirm and acknowledge that the decision to select any of the services offered by the Company is solely at his/her discretion and he/she has not been directed or forced to select any services by the Company or its employees.
These Terms of Use are an electronic record in terms of the Information Technology Act 2000, as amended from time to time, and rules framed there under. This electronic record is generated by a computer system and does not require any signature.