TERMS OF SERVICE

(Last updated on 30-10-2020)

 

These Terms of Service (“Terms”) govern your access to and use of our services, including our website (dolfix.com) & mobile application (DOLFIX) and our other services, SMS, APIs, email notifications that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services, you (which shall include “user” or “customer”) agree to be bound by these Terms.

 

IT Act Compliance Statement: This Terms of Service (“Terms”) is prepared in compliance with the Information Technology Act 2000, and Rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act 2000. This document is published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires publishing the rules and regulations, Privacy Policy, and Terms of Use for access or usage of the site.

 

Formation of this Agreement: Your access to, and browsing, review, and use of the site is subject to these terms and conditions and all applicable laws. By accessing and using the site, you accept these terms and conditions, without limitation or qualification. If you do not agree to the terms and conditions, do not use the site. If, at any time, any part of the Terms and Conditions is no longer acceptable to you, immediately terminate the use of the site.

 

Eligibility: The services of the website/Application are available only to persons who are competent to enter into a legally binding contract, which is 18 years, under the Indian Contract Act 1872. Persons who are incompetent to enter into a contract under this act, including un-discharged solvents, minors, etc. are not eligible for the services provided for this website and hence shall not register as a user or transact on this website/Application.

 

Privacy and Usage of Cookies:

 

This Terms of Service should be read together with our Cookie Policy (here)

 

Content on the Services & Intellectual Property Rights:

 

  1. Dolfix does not claim any intellectual property rights over the Materials (which includes but not limited to photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited in our website/Application) you provide to us. All Materials you upload remain yours. You can remove from your Dolfix app at any time by deleting your Account or deleting that content.
  2. By uploading Materials, the user agrees: (i) to allow other users to view the Materials you post publicly to your profile; (ii) to allow Dolfix to store, and in the case of Materials you post publicly, display and use your Materials; and (iii) that Dolfix can, at any time, review and delete all the Materials submitted to its Service, although Dolfix is not obligated to do so.
  3. Dolfix does not own any of the Materials that are uploaded by the users on the website. The ownership over all the Materials are retained by the users therefore, you are also responsible for compliance with the applicable laws or regulations of the jurisdiction
  4. Any licenses, Intellectual Property Rights associated with the user’s Materials, logo, tradename, and such other associated licenses shall remain with the user only. Dolfix shall not have any rights over such licenses and Intellectual Property Rights.
  5. Dolfix, however, may use the tradename, logos, and service marks of the user to promote its Services.

 

Copyright Infringement Complaints

  1. If the user is of the opinion that there has been a reproduction of any work on this website in a manner that it amounts to copyright infringement, kindly provide a notice of copyright infringement (link) stating the following information at the mentioned address:
  2. Identification of the copyrighted work claimed to have been infringed
  3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
  • The address, telephone number, or e-mail address of the complaining party.
  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint
  2. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
  3. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

All notices regarding copyright infringement shall be sent to  [email protected] and mail to:

            DOLFIX TECHNOLOGY PRIVATE LIMITED, 5/8 Geetham House,                                         Parayamvila, Viraly, Kulathoor, Uchakkada,                                                                   Thiruvananthapuram, Kerala, India. PIN 695506

 

Account Registration and Access to use:

 

  1. By accessing or using our Services, you confirm that you can form a binding contract with Dolfix, that you accept these Terms, and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy, Virtual Goods Policy, and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.
  2. In order to use the services, you must first agree to Dolfix Terms of Service. You may not use the Services if you do not accept the Terms.
  3. You can accept the Terms by Clicking to accept or agree to the Terms, where this option is made available to you by Dolfix in the user interface for any Service; or By actually using the services. In this case, you understand and agree that Dolfix will treat your use of the Services as acceptance of the Terms from that point onwards.
  4. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Dolfix or (b) you are a person barred from receiving the services under the law of India or other countries including the country in which you are resident or from which you use the services (c) You may not use the Services if you do not accept the Terms.

 

 

Publication Policy:

      In compliance with Clause 3 (1) & (2) of the Information Technology (Intermediaries guidelines) Rules, 2011, a Dolfix user shall not use our services to host, display, upload, modify, publish, transmit, update or share any information that —

 

  1. belongs to another person and to which the user does not have any right to;
  2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, 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;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright, or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation

 

Acceptable use of our services:

  1. Our policies and Terms of Service: Every Dolfix user must use our Services according to the Terms and posted policies. If your account is disabled for a violation of our Terms, you should not create another account without our permission.
  2. Legal and Acceptable use: The user shall access and use our Services only for legal, authorized, and acceptable purposes.
  3. The user should not use, or assist others in using, our Services in ways that: (i) violate, misappropriate, or infringe the rights of Dolfix, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (ii) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (iii) involve publishing falsehoods, misrepresentations, or misleading statements; (iv) impersonate someone; (v) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (vi) involve any non-personal use of our Services unless otherwise authorized by us.
  4. Harm to Dolfix and/or Our Users.The user must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (i) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (ii) send, store, or transmit viruses or other harmful computer code through or onto our Services; (iii) gain or attempt to gain unauthorized access to our Services or systems; (iv) interfere with or disrupt the integrity or performance of our Services; (v) create accounts for our Services through unauthorized or automated means; (vi) collect the information of or about our users in any impermissible or unauthorized manner; (vii) sell, resell, rent, or charge for our Services; or (viii) distribute or make our Services available over a network where they could be used by multiple devices at the same time
  5. Keeping Your Account Secure. You are responsible for keeping your device and your Dolfix account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

 

Payment:

      Users are free to choose any one of the payment methods suggested by Dolfix. However, while availing of any of the payment method/s, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

 

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between “bank/s”, or
  3. Any payment issues arising out of the transaction, or
  4. The decline of transaction for any other reason/s
  5. All payments made against the purchases/services on the Website/App by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Website will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the Website/App.
  6. You have specifically authorized Dolfix or its service providers to collect, process, facilitate and remit payments and/or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through the Payment Facility
  7. You understand, accept, and agree that the payment facility provided by Dolfix is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment, collection, and remittance facility for the transactions on Dolfix using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing a payment facility, Dolfix is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
  8. Dolfix reserves the right to impose limits on the number of Transactions or Transaction Price which Dolfix may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period and reserves the right to refuse to process Transactions exceeding such limit
  9. Dolfix reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Dolfix or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy
  10. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports the 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 Buyer and the respective Issuing Bank

 

Limitation of Liability:

      We strive hard to provide the best services to our users and provide clear guidelines for everyone who makes use of our services. However, unless required by applicable law or agreed to in writing,  our products and services are on an “As Is” basis without warranties or conditions of any kind, either express or implied, that they always will be safe, secure, or error-free, merchantable, fit for a particular purpose, title, non-infringement, free from computer virus or other harmful code, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error-free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct, whether online or offline, or any content that they share, including offensive, inappropriate, obscene, unlawful, and other objectionable content. We cannot predict when issues might arise without products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances we will be held liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Dolfix products, even if we have been advised of the possibility of such damages.

 

Indemnity:

      You agree to indemnify and hold Dolfix, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Dolfix Services in violation of this Agreement and/or arising from a breach 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.

 

Arbitration

      For any dispute you have with Dolfix, you agree first to contact us by our email IDs given at the end of this document, and try to resolve the dispute with us informally. If necessary, we shall contact you at your email ID registered with us. If Dolfix hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms through binding arbitration under the Arbitration and Conciliation Act, 1996. Unless you and Dolfix agree otherwise, the place of arbitration shall be in Trivandrum, the Capital city of Kerala, and shall be conducted in the English language.

 

Applicable Law:

      The Terms of Service shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Trivandrum.

 

Entire Agreement; Severability

      These Terms, together with the Privacy Policy, Virtual Goods Policy  and any amendments and any additional agreements you may enter into with Dolfix shall constitute the entire agreement between you and Dolfix concerning the Service. If any term, provision, covenant or restriction contained in these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable or against public policy, the remainder of the terms, provisions, covenants, and restrictions contained herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated.  then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

Amendments to the Terms of Service

      We are continuously working on changing and improving our services. We change the Terms from time to time, as and when there are changes in the functionalities and regulatory changes that impact the Terms of services. We shall inform our users whenever we make changes to our services. However, we request our users to make constant watch on these Terms to find out the changes we make. We will publish the “last updated” date, which is just below the ‘Terms of Services’ caption, whenever there are updates. Since we do not permit the use of the services by persons who do not agree to comply with our Terms, your continued access or use of the Services after the date of the new Terms constitutes your acceptance of such new Terms. If you do not accept the terms, please do not attempt to use our services, and close your account with us. For modifications of the Terms of Services regarding security, safety, legal or regulatory requirements, it is not necessary to notify the changes in advance, but we will let you know as soon as possible.

 

Grievance Redressal:

      In accordance with Information Technology Act, 2000 and rules made thereunder, in order to address complaints made by users and victims who suffer as a result of access or usage of computer resource, we have appointed a grievance officer whose name and contact details are given below:

            Name: KIRANRAJ KANAKARAJ GEETHA

            Address: DOLFIX TECHNOLOGY PRIVATE LIMITED, 5/8 Geetham House,                                              Parayamvila, Viraly, Kulathoor, Uchakkada,                                                                          Thiruvananthapuram, Kerala, India. PIN 695506

            Email ID: For Copyright or Trademark Issues: [email protected]

                            For Privacy Issues: [email protected]

                            For all other purposes: [email protected]