Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.
1. General.
Welcome to TheDigiMart.in website that provides users with access to search, purchase, download, and use digital content and applications from content providers through (the “Service“). By registering with, accessing, or using the Service you signify that you have read, understand, and agree to be bound by these terms of use (these “Terms of Use” or this “Agreement“), whether or not you are a Customer (as defined in Section 3 below) of the Service. You are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and with this Agreement. TheDigiMart.in reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If TheDigiMart.in does this, TheDigiMart.in will post the changes to these terms and conditions on the Service. Your continued use of the Service after any such changes constitutes your acceptance of the revised terms and conditions.
If you do not comply with this Agreement at any time, TheDigiMart.in reserves the right to immediately cancel or terminate your access to the Service (or any part thereof) and/or your Customer account, if any. In TheDigiMart.in’s sole discretion and without prior notice or liability, TheDigiMart.in may discontinue, modify, or alter any aspect of the Service including, but not limited to:
(i) restricting the time the Service is available;
(ii) restricting the amount of use permitted; and
(iii) restricting or terminating any user’s right to use the Service.
You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice. If you do not abide by the terms of this Agreement, you agree that we may immediately deactivate or delete your Customer account if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service (or part thereof). Further, you agree that TheDigiMart.in shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Service. You acknowledge that your only right concerning any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by Thedigimart.in in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate your subscription or Customer account, as applicable.
2. Digital Content.
All literary works, applications, designs on the Service (each, “Digital Content”) are the exclusive property of the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of and access to any Digital Content is available only to Customers and is intended only for such Customers’ personal and non-commercial use. Any other use of Digital Content downloaded or accessed from the Service is strictly prohibited. Customers may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of any Digital Content, in whole or in part. By downloading or otherwise accessing Digital Content from the Service, the Customer hereby acknowledges and agrees to these terms.
3. Payment Methods.
Only Customers may purchase Digital Content on the Service.
The Service accepts payments through payment gateway RazorPay.
4. Customers.
The Service is open to the public but certain portions, components, content, and features of the Service are only available to individuals who enter into a contract with TheDigiMart.in for the provision of the Service by registering with TheDigiMart.in, creating a customer account on the Service, and agreeing to these Terms of Use and TheDigiMart.in’s Privacy Policy at the time the TheDigiMart.in account is created (each, a “Customer“). As long as the individual remains a Customer and their account is active, Customers will have ongoing access to and will be able to continuously receive, amongst others, the following additional services and functionality of the Service:
• the ability to purchase, access, view, download, store, and read Digital Content on the Customer’s Devices from within the Customer’s account while utilizing a Thedigimart.in application;
If you are a Customer then you agree to the following:
(i) in consideration of your use of the Service, you represent that you are of the age of majority in the jurisdiction in which you reside, or 13 years old or older up to the age of majority in the jurisdiction in which you reside with the express written consent of your parent or legal guardian, and are not a person barred from receiving services under the laws of the Province of Ontario and the federal laws of Canada or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current, and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the “Registration Data“); and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Thedigimart.in has the right to suspend or terminate your account and refuse any current or future use of the Service (or any portion thereof);
(ii) Customers will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:
(a) immediately notify TheDigiMart.in of any unauthorized use of your password or account or any other breach of security; and
(b) ensure that you exit from your account at the end of each session.
Any personal information you provide in the registration form will be collected in accordance with, and for the express purposes set out in the TheDigiMart.in ‘s Privacy Policy.
5. Restrictions on Use.
These terms apply to all users of the Service, whether or not you are a Customer.
A. You shall use the Service for lawful purposes only. You shall not post or transmit through the Service any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without TheDigiMart.in’s express prior approval, you shall not post or transmit through the Service any material that contains advertising or any solicitation concerning products or services. You shall not use the Service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in TheDigiMart.in’s discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted.
B. All content on the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files, and their selection and arrangement (“Site Content”), are the proprietary property of TheDigiMart.in or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without TheDigiMart.in’s prior written permission. Provided that you are eligible for use of the Service and subject to these Terms of Use, you are granted a limited license to access the Service and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots, or similar data gathering or extraction methods. Any use of the Service or the Site Content other than as specifically authorized herein, without the prior written permission of Thedigimart.in, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these terms and conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by TheDigiMart.in at any time without notice and with or without cause.
C. You shall not upload, post, or otherwise make available on the Service any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted TheDigiMart.in the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Service to access, view, store, or reproduce the material for that user’s personal use. You grant Thedigimart.in the right to edit, copy, display, publish, and distribute any material made available on the Service by you. The foregoing does not apply to literary works provided to TheDigiMart.in for sale on the Service by a publisher or other content provider.
D. You may not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing, or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
E. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you, including logging into a server or account which you not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;
(c) using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
(d) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or TheDigiMart.in’s systems or networks, or any systems or networks connected to the Service or TheDigiMart.in
(e) conducting a reverse look-up, tracing or seeking to trace any information on any other user, Customer or visitor to the Service, or any other customer of TheDigiMart.in, to its source, or exploit the Service or any service or information made available or offered by or through the Service, 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 the Service;
(f) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”;
(g) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(h) disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede TheDigiMart.in’s ability to monitor or make available the Service; or
(i) taking any action to obtain services to which you are not entitled.
Violations of system or network security may result in civil or criminal liability. TheDigiMart.in will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user (whether or not a Customer) who is involved in such violations.
6. Disclaimer of Warranty; Limitation of Liability.
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
The material on this Website is provided “as is” without any conditions, warranties, or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions, and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might affect concerning this Website.
7. Return and Refund
All the products and items are digital downloadable content. Due to the inherent nature of digital items, these cannot be returned. Once you paid and got a download link, the copy product is ours. So there is no provision of a refund of the amount. You can download a certain product using the download link up to a limited number of times. The download link will be expired after certain days of purchase.
7. Monitoring.
TheDigiMart.in shall have the right, but not the obligation, to monitor the content of the Service including any chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by TheDigiMart.in and to satisfy any law, regulation, or authorized government request. TheDigiMart.in shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Service. Without limiting the foregoing, TheDigiMart.in shall have the right to remove any material that TheDigiMart.in in its sole discretion, finds to be in violation of the provisions hereof, its CONTENT POLICY, or otherwise objectionable. Although TheDigiMart.in reserves the right to remove, without notice, any posting for any reason, TheDigiMart.in has no obligation to delete submissions that you may find objectionable or offensive.
8. Indemnification.
You agree to defend, indemnify and hold harmless TheDigiMart.in and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of your use of the Service.
9. Trademarks.
TheDigiMart.in and related words, domain names, and logos are trademarks and the property of Kenbit Software Technologies Pvt Ltd. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
10. Third Party Content.
TheDigiMart.in has no more editorial control over content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of TheDigiMart.in. In many instances, the content available through the Service represents the opinions and judgments of the respective content provider or user. TheDigiMart.in neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Service by anyone other than authorized Thedigimart.in employee spokespersons while acting in their official capacities.
11. Public Domain.
Some of the digital content offered on the Service have been identified as being in the public domain by certain content providers. TheDigiMart.in does not verify the accuracy of public domain designations and is not liable for any damage that may result from the downloading or other use of such literary works by you. If you do not reside in the relevant jurisdiction for which the public domain designation has been made, it is your responsibility to check the laws of your country of residence before downloading or accessing such literary works.
12. Governing Law and Jurisdiction.
These terms and conditions will be construed only in accordance with the laws of India. In respect of all matters/disputes arising out of, in connection with, or in relation to these terms and conditions or any other conditions on this website, only the competent Courts at Lucknow, Uttar Pradesh shall have jurisdiction, to the exclusion of all other courts.