Errors, Corrections, and Right to Modify or Discontinue Service and Sites:
We do not represent or warrant that the Deep Phone Diary Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Deep Phone Diary Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Deep Phone Diary Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. deep phone diary reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or Sites (or any part thereof) with or without notice. Deep Phone Diary shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any Sites.
Deep Phone Diary Access:
Subject to your compliance with these Terms of Service, Deep Phone Diary hereby grants you permission to use the Service, provided that:
your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service;
you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Deep Phone Diary's prior written authorization;
you will not attempt to reverse engineer, alter or modify any part of the Service;
You agree not to use or upload, post or submit any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Application or of any computer software, hardware, or telecommunications equipment. You also agree to not decipher, decompile, disassemble, use sniffers (except Ethereal, tcpdump or HTTPWatch in general) or reverse engineer any of the software comprising or in any way making up part of the Application. We have to disallow use of request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the application. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service. You agree not to create any data back up of the content that is available to you by use of the deep phone diary Site or deep phone diary Mobile App. or use of deep phone diary Service that is available through any other mediums.
Deep Phone Diary will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Deep Phone Diary’s reasonable control.
Deep Phone Diary does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
Deep Phone Diary will not be responsible for any support or maintenance for the application.
In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
The Software Requirements for downloading the deep phone diary Mobile App would vary as per the mobile platform. The deep phone diary Mobile App would be available in English Language as of now.
The version of the Application software may be upgraded from time to time to add support for new functions and services.
Intellectual Property Rights:
The Deep Phone Diary company names, logos, all related products and service names, design marks, slogans, trademarks, service marks, copyright, database rights (and other intellectual property rights of any nature in the Application) together with the underlying software code in the App ("Intellectual Property") is owned by and used under license by Deep Phone Diary or its subsidiaries or affiliate companies. All other Intellectual Properties herein are the property of their respective owners. All copies that you make of the Materials on any of the Media must bear any copyright, trademark or other proprietary notice located on the respective Media that pertains to the material being copied. You are not authorized to use Deep Phone Diary’s Intellectual Property in any advertising, publicity or in any other commercial manner. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Deep Phone Diary.
For removal of doubts, it is clarified that, by accepting theses terms, you hereby waive and grant to Deep Phone Diary all rights including intellectual property rights and also "moral rights" in the Reviews, Ratings and Comments posted by you at Deep Phone Diary through any of mediums of Deep Phone Diary and that Deep Phone Diary is free to use all such Review, Ratings and Comments as per its (deep phone diary l's) requirements from time to time.
User Submissions & Specific Features:
C. In connection with Ratings and Tag your friends, you further agree that you will not:
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant deep phone diary all of the license rights granted herein;
publish falsehoods or misrepresentations that could damage deep phone diary or any third party;
submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
post advertisements or solicitations of business;
impersonate another person;
send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
attempt to gain unauthorized access to the Service or its related systems or networks.
Adult content must be identified as such. deep phone diary does not endorse any Rating and/or Review or any opinion, recommendation, or advice expressed therein, and deep phone diary expressly disclaims any and all liability in connection with ratings and/or submissions. deep phone diary does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and deep phone diary will remove all content and Ratings and/or Reviews if properly notified that such content infringes on another's intellectual property rights. To file copyright infringement notification, please send a written communication that includes substantially the following.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the deep phone diary Mobile App user allegedly infringing the copyrighted work;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at. deep phone diary reserves the right to remove contents without prior notice. deep phone diary may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a content removed from the Service more than once. deep phone diary also reserves the right to decide whether content or a Rating and/or Review is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. deep phone diary may remove such contents and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the deep phone diary Service you will be exposed to Ratings and Review submissions from a variety of sources, and that deep phone diary is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Submissions are not the responsibility of deep phone diary. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against deep phone diary with respect thereto, and agree to indemnify and hold deep phone diary, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the deep phone diary Service.
F. Deep Phone Diary reserves the right to discontinue any aspect of the deep phone diary Service at any time.
G. Right, But Not Obligation, to Monitor Submissions: Deep Phone Diary does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful of or otherwise objectionable submissions will not apper on our service. We do, however reserve the right to review any of all submissions in our sole discretion.in addition, we reserve the right to alter, edit remove any submissions, in whole or in part at our sole descretions.
THE MATERIAL AND THE MEDIA USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. deep phone diary DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIA AND MATERIALS. deep phone diary DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. deep phone diary DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE MEDIA. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION. IN NO EVENT SHALL deep phone diary BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE MEDIA FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF deep phone diary IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MEDIA OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MEDIA. deep phone diary DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE MEDIA OR OTHER MATERIAL ACCESSIBLE FROM THE MEDIA. THE USER OF THE MEDIA ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Users using any of Deep Phone Diary service across the following mediums i.e. through internet i.e. www.deep phone diary.in Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser listed with Deep Phone Diary. All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and Deep Phone Diary does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with Deep Phone Diary. Further Deep Phone Diary is not at all responsible for any act of Advertiser/s listed at Deep Phone Diary .
Limitation of Liability
IN NO EVENT SHALL Deep Phone Diary , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,
3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS,
5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY,
6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE deep phone diary CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR
YOU SPECIFICALLY ACKNOWLEDGE THAT deep phone diary SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless deep phone diary officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
1. your use of and access to the deep phone diary Service;
2. your violation of any term of these Terms of Service;
3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
4. any claim that one of your Ratings and/or Reviews or Comments caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the deep phone diary Service.
Ability to Accept Terms of Service:
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by deep phone diary without restriction.
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws' provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. Courts at Delhi will have the exclusive jurisdiction. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. Deep Phone Diary reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Deep Phone Diary reserves the right to seek all remedies available at law and in equity for violations of these Terms.
In the course of registering for and availing various services we provide from time to time through our website www. xxxx.com ("Website", telephone search, SMS and WAP) or any other medium in which deep phone diary may provide services (collectively referred to as "Media") you may be required to give your name, residence address, workplace address, email address, date of birth, educational qualifications and similar Personal Information ("Personal Information"). The Personal Information is used for three general purposes: to customize the content you see, to fulfill your requests for certain services, and to contact you about our services via including but not limited to email's, sms's and other means of communication. Unless otherwise stated explicitly, this Policy applies to Personal Information as disclosed on any of the Media.
We are committed to protecting the privacy and confidentiality of all Personal Information that you may share as a user of Media In furtherance thereof, we have this policy to demonstrate our good faith.
This policy does not apply to the practices of organizations that we do not own or to people that we do not employ or manage.
Personal Information will be kept confidential and will be used for our research, marketing, and strategic client analysis objectives and other internal business purposes only. We do not sell or rent Personal Information except that in case you are a customer of our search services through any of the Media, your Personal Information shall be shared with our subscribers/advertisers and you shall be deemed to have given consent to the same. Further, the subscribers / advertisers who are listed with us, may call you, based on the query or enquiry that you make with us, enquiring about any
. Product / Service or
. Product / Service of any subscriber / advertiser or
. Product / Service of any particular subscriber / advertiser.
We will share Personal Information only under one or more of the following circumstances: - If we have your consent or deemed consent to do so - If we are compelled by law (including court orders) to do so
In furtherance of the confidentiality with which we treat Personal Information we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
We give you the ability to edit your account information and preferences at any time, including whether you want us to contact you about new services. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
You acknowledge that you are disclosing Personal Information voluntarily. Prior to the completion of any registration process on our website or prior to availing of any services offered on our website if you wish not to disclose any Personal Information you may refrain from doing so; however if you don't provide information that is requested, it is possible that the registration process would be incomplete and/or you would not be able to avail of the our services.
If you are our corporate customer, it is possible that we have entered into a contract with you for non-disclosure of confidential information. This Policy shall not affect such a contract in any manner.
If you have questions or concerns about these privacy policies; please send us an email at privacy@Phonedairy.com
Phone dairy is committed to protecting the privacy and confidentiality of all Personal Information that you may share as a user of Media. In furtherance thereof, we have this policy to demonstrate our good faith.
The Information Deep Phone Diary Collects:
deep phone diary may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below ("Personally Identifying Information") :
. You provide certain Personally Identifiable Information, such as your mobile phone number, and mobile device information to deep phone diary when choosing to participate in various uses of the deep phone diary Service, such as registering as a user, and viewing ratings of contacts in your address book. In order to provide the deep phone diary Service, deep phone diary will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers that have been used to avail deep phone diary services and to provide ratings of establishments we have received from users of these mobile numbers. deep phone diary may access your location information to provide search results based on your geo location. This allows the software to provide relevant search results. Location data gathered from a mobile phone is used only to provide search results and is not used in any other manner whatsoever.
The Information deep phone diary Does Not Collect:
deep phone diary does not collect emails, addresses or other contact information from its users' mobile address book or contact lists other than name and mobile phone numbers. deep phone diary does not store historical location information of users in any form or manner at its end, except for last known location from which the deep phone diary software was accessed in case of non availability of current location data. deep phone diary App integrates with facebook SDK and may send aggregate usage statistics to facebook from time to time. Usage of information sent to facebook is governed by Facebook's data usage policies which can be found at www.facebook.com/about/privacy.
The Way deep phone diary Uses Information:
If you submit Personally Identifiable Information to us through the deep phone diary Site, or deep phone diary service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the deep phone diary Site and deep phone diary Service. In particular, your mobile phone number is essential to your use of the deep phone diary Service and will be retained. Your name (as it is saved in other user's mobile phone address book or contact list) may be displayed to other users if they tag your mobile number and access your ratings in the App. For more information on our ratings feature, please read the note below :
deep phone diary will use your mobile number and contacts list to identify friends in your network who have rated establishments and/or are users of deep phone diary Services. deep phone diary collects ratings in the following ways :
. When a user calls our service and is prompted to rate an establishment
. When a user rates establishments on the website or mobile site or Applications
Where are the ratings shown ? Ratings are shown in the following ways on deep phone diary :
. In SMS when user asks for information by calling the deep phone diary Service
. Ratings are displayed on various places on the website, mobile site and mobile applications in pages such as the overall ratings count page, search results pages, company details pages etc. User information such as mobile phone number is masked and personally identifiable information is not displayed unless user is registered with deep phone diary and is accessing the tag friends feature.
. Ratings are shown in the "Tag your friend" feature available across deep phone diary services platforms where user can access friends' ratings of establishments.
Your contacts list will allow deep phone diary to provide you with ratings given by your friends and help make the experience on deep phone diary even better. Your friends' ratings will allow you to make a better decision about choosing a product/service/establishment on deep phone diary.
You can build your friends network and choose your friends on deep phone diary and access your friends' ratings across the range of our platforms including mobile site, website and our applications.
How deep phone diary uses your information:
deep phone diary "tags" the contacts in your address book as your friends, but at anytime, you can review the list of your tagged friends and choose to untag any of them at any time. Untagging your contacts will hide your ratings from them and will also result in their ratings not being shown to you.
Only users of deep phone diary will be displayed in your tagged friends list. If a contact in your address book has rated an establishment/s on deep phone diary, the ratings associated with the contact will be displayed as part of your friends' ratings. If a contact in your address book has used deep phone diary service across any platform and has not rated an establishment, although their name is displayed in your friends list, no ratings will be shown associated with the said contact.
If any of your tagged friends registers with our Service across deep phone diary platforms, ratings of such a friend will be visible to you only if
. Your mobile number is present in his contacts list
. You have not been untagged by your friend
deep phone diary will also provide users with a privacy settings option that will allow the user to choose appropriate privacy levels. By default, the user's contact list will be used to identify friends in the network. A user may choose to allow anyone to tag him/her as a friend and may also choose to allow nobody to tag him/her as a friend.
a. remember information so that you will not have to re-enter it during your visit or the next time you use deep phone diary;
b. provide custom, personalized content and information;
c. monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and
d. track your entries, submissions, views and such.
When deep phone diary Discloses Information:
Other users of the deep phone diary Service may see your ratings submissions in a way that is consistent with the use of the deep phone diary Service. For example, a rating of "ABC Restaurant" on deep phone diary will be available to every user of the deep phone diary Service who has that mobile phone number in their mobile phone's address book or contact list and has tagged the mobile phone number as a friend in the deep phone diary App friends ratings feature. For more information on this feature, please refer paragraphs above.
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the deep phone diary Service.
Third-party Advertisers, Links to Other Sites:
deep phone diary is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, we will update this section.Our Commitment to Data Security: deep phone diary uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to deep phone diary and you do so at your own risk.
Consent To Push Notification:
You agree and confirm that any review, rating and comments, including any other content or data therein, that you submit/post on Deep Phone Diary platforms viz. WEB, WAP, APP & Phone etc. such details as per Deep Phone Diary discretion will be shared with your Tagged Friends who are the users of Deep Phone Diary services.
Terms & Conditions for Contest:
1. Sponsor : This contest (the "Contest") is sponsored by Deep Phone Diary Limited, ("Sponsor"), which owns, run's and operates the Website: www.deep phone diary.com and that has its principal place of business at F-79-F-2 F/F Dilshad Colony Shahdara Delhi-110095.
2. Contest Period : The Contest will be live from 2019 till deep phone diary Discretion.
3. Criteria of Eligibility for the Contest :
a. Please note this Contest is open only to individuals who are (i) legal residents of India, (ii) Eighteen (18) years of age or older on the date of entry, as shown on the PAN CARD, Voters Identity Card, a valid driver's license or other means of identification issued by the Central or State government agency or by a school or other educational institution, and containing the entrant's address and picture (iii) In the event that a User is below the age of eighteen (18) years and participates and wins this Contest, he/she shall be disqualified and shall not be entitled to the Prize.
b. The following individuals are not eligible to participate in the Contest: (i) present employees of the Sponsor or Sponsor's affiliates or subsidiaries (collectively, "Sponsor Entities"), (ii) past and present employees and previously published authors of any of Sponsor Entities' parent, subsidiary or affiliate companies.
4. Rules for Participation to the Contest :
a. No Purchase or Payment of any kind is necessary to enter or win this Contest.
b. The moment any user who downloads the Deep Phone Diary Mobile Application on their phone, and provide their Mobile Number and Name, they automatically participate in the contest. Once your Mobile Phone Number and Name is registered with us, you will be eligible for the lucky draw, subject to the terms and conditions. Deep Phone Diary may, at its sole discretion, withdraw the Contest at any time without any prior notice. The user ought to have a Smartphone to download the Deep Phone Diary Mobile Application . The Deep Phone Diary Mobile Application will be available / download from App Store.
c. The User has to ensure to provide his/her own valid mobile number, in order to qualify as a valid entrant in the contest. Please note only one entry by each User's own, one valid mobile number will only be allowed. Multiple entries by the same User would not be allowed. In the event of multiple entries by the same User, on such discovery, the User may be disqualified from the contest.
d. The user hereby gives to Deep Phone Diary right to establish communication as and when deemed fit by Deep Phone Diary, once the user downloads the Deep Phone Diary Mobile Application.
5. Description of the Prizes and other important riders :
The Contest winner shall receive Prizes. The Winner will be selected by a random automated computer process.
The Winning Prize is not transferable and cannot be redeemed for cash. No request shall be entertained in this behalf.
All expenses to visit the venue and collect the Prize are to be borne by the Winner. The Winner himself / herself has to come personally to collect the Prize along with required identification documents.
Though the Sponsor would give away Smartphone (any model) as a Prize to each Winner, however the sponsor at its discretion, reserves the right to substitute the Prize mentioned herein with another prize and the prize winner will be notified accordingly. The Sponsor accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Further, if there are any tax implications on the Prize then the same will have to be borne by the Prize Winner. The Sponsor shall not be responsible for the quality, warranty or deficiency of the Winning Prize that is finally given to the Prize Winner. The Sponsor shall not be liable for any loss, damage, theft, or any other mishap caused to the Prize(s) after handing over the same to the winner/ his/ her assign(s).
Apart from the other terms and conditions mentioned herein, the prize may be given to the winner at any offices of the Sponsor, in any of its branches or at any other Venue that would be communicated to the winner, at the sole discretion of the Sponsor. The Sponsor will communicate the Winner the date, venue and time to collect the Prize.
The Prize Winner has to compulsorily submit their proof of identity and/or proof of age and all other identification proof and documents as asked for by the Sponsor in order to claim the Prize. In case of any further identification considered suitable for verification, the same may be requested at the discretion of the Sponsor.
The Sponsor reserves the right to withdraw the Prize to be given, in the event of a contestant being unable to satisfy these contest terms & conditions or forfeiting or not claiming the prize. Further, any prize that remains unclaimed within 90 days of declaration of the Prize Winner, then the Sponsor will declare the prize of the winner to be forfeited and the winner will have no right to claim the prize thereafter. Winners will be notified by an SMS on the Mobile number given for participation.
The Sponsor will not be responsible for any error, failure, problem or technical malfunction in the process of uploading the details that is to be done by the contestant / User. It is the responsibility of the User that all the details required to be submitted by the contestant are correctly submitted. The Sponsor is not responsible for any connectivity issues while the User is feeding and uploading in details and participating for the Contest.
The decision of the Sponsor shall be final and binding and is non-contestable. No correspondence will be entertained on the same.
By participating in the contest, the User expressly agrees that the Sponsor will have the right to reproduce all the entries in any and all formats, media and/or mediums in any reasonable manner including but not limited to television, internet, mobile, print etc. The User / Contestants and / or Winners may be required by Sponsor to participate in a photo, video and/or any advertisement or film session and they hereby acknowledge that the Sponsor may make use of their name, voices, image and photograph/s for publicity & promotional purposes without compensation (to the contestants and / or winners), and they also agree that the Sponsor own copyright in any such images and photograph/s, content and videos and in all material incorporating the photograph/s, content and videos. The Sponsor or any person or entity permitted by the Sponsor in this regards shall be entitled to use the entries received or any information now existing or hereinafter created in connection with the entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and/or payment to the User /Contestant/ Winner. Further, all entries, including without limitation, all Proposals submitted as part of entries, become the property of Sponsor and will not be acknowledged or returned.
Affidavit of Eligibility and Liability Release: The potential winner will be required to execute and return to Sponsor an affidavit of eligibility and liability release, including, where legal, a publicity release, which must be received by the Sponsor within ten (10) days of the date of the Notificationor the prize will be forfeited and an alternate entrant will be identified as a potential winner and so notified in the same manner as described above.
Apple is not involved in any way with the contest.
6. IPR of the Sponsor :
It is further clarified that, all rights, title and interest, including but not limited to the Intellectual Property Rights, in the promotional material(s) and in any and all entries received shall vest solely and exclusively with the Sponsor at all times.
7. Exclusion of Liability :
The Sponsor (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the contest, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Sponsor's control); (b) unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Sponsor) due to any reason beyond the reasonable control of the Sponsor ; (d) any variation in prize to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize. It is further clarified that, Sponsor shall not be responsible for any administrative errors or any other errors involved in the execution of the Contest. Further, the Sponsor is not liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or a consequential loss), or for personal injury suffered or sustained as a result of taking any prize.
8. Other Exclusions :
The Sponsor is not responsible for any incorrect or inaccurate information or for any of the equipment or programming associated with or utilised in this contest , or for any technical error, or any combination thereof that may occur in the course of the administration of this contest including any omission, interruption, deletion, defect, delay in operation or transmission, communications line (including but not limited to e-mail communication) or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
9. Governing Laws and Jurisdiction :
The Contest shall be governed by and construed in accordance with the laws of India. Any disputes, differences and any other matters in relation to and arising out of the Contest and, or, pertaining to the Terms and Conditions shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall consist of a sole arbitrator to be appointed by the Sponsor and the venue of the arbitration shall be Delhi. All disputes shall be subject to the exclusive jurisdiction of the courts at Delhi only.
10. Modification to these Terms and Conditions :
The Sponsor reserves the right to change/modify terms and conditions and/or criteria of the Contest at any time at its own discretion and without any prior notice and without assigning any reason. The Sponsor will not be liable for any losses (if any) to any contestant arising from any variation or cancellation.
11. The Decision of the Sponsor would be Final and Binding :
In case of any dispute or difference in respect of this Contest, the decision of the Sponsor shall be final and binding on all concerned.
12. Cricket O'Mania is a Daily Fantasy Sports Contest
13. The contest is valid for Indian Residents excluding the states of Telangana, Orissa, Assam, Sikkim and Nagaland.
YOUR ACCEPTANCE OF THIS AGREEMENT:
This is an agreement between you ("you", " your" "caller" or "user") and Deep Phone Diary Limited. ("Deep Phone Diary " "we," or "our") that governs your use of the search, booking services or any other services offered by Deep Phone Diary through its website www. xxxx.com ("Website"), telephone search, SMS, WAP or any other medium (collectively "Platforms" ). When you access, use or book any orders using any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").
"Agreement" is for the purposes of for placing an order of goods through its advertiser registered/listed with Deep Phone Diary as described in this agreement. All the orders/enquiries placed by you through its website www.deep phone diary.in ("Website"), telephone search, SMS, WAP or any other medium, will forwarded by deep phone diary to the advertisers listed with us, for further processing of your orders.
"Goods" means Goods described in an Order form.
"Intellectual Property Rights" Includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
"Order" means an enquiries/ booking request placed by you through Deep Phone Diary which will in turn will be forwarded to respective Advertiser listed with deep phone diary
"Product List" means the list of Goods displayed on the deep phone diary.com web site as amended from time to time.
Placement of Order
You have the option of placing the order by calling to deep phone diary Caller Centre Number and/or by using the booking facility provided on the web, wap or by any other means as introduced by deep phone diary from time to time.
deep phone diary does not sell or claim to sell any liquor or any other product online by itself.
deep phone diary collects customer orders and forwards them to the advertiser which may or may not choose to complete the order.
deep phone diary is also not responsible for the Quality of any food products/alcohol ordered from the website.
To order goods from deep phone diary Platforms you must be of legal age as specified by the appropriate authority and/or as defined in this agreement. Kindly note that persons under 25 years of age residing in Delhi and Delhi (or any other age limit/or any other restrictions specified by the appropriate authorities) are not permitted to place orders for alcohol, its related goods and any other specified goods by the appropriate authority. deep phone diary hereby confirms that it does not own any liquor store and is not responsible for selling and delivering liquor or any other goods.
Delivery of any liquor and its related items will be in accordance with the licensing laws and any other applicable laws to which advertiser is subjected to as per the law of the land
4. Completed Orders
You must complete or give requisite details for completing an order form for the purposes of booking your order. You warrant that all information and data provided by you in the order form is accurate, complete and up to date. If you are placing an order through phone then in that event your order is deemed to be completed once the details are filled by the deep phone diary executive and in case you are placing an online order through deep phone diary website then it is deemed to be completed once the details are filled online in the order form.
You hereby confirm all products are subject to availability and You acknowledge the fact that Booking of Orders are taken/booked by Deep Phone Diary but the goods/products are delivered by advertiser listed with Deep Phone Diary.
No Medicine would be delivered by the vendor/ chemist without the valid medical prescription issued by the medical practitioner.
6. Miscalculation of Charges/Fees
If the calculation of the fee/charges is insufficient to cover the actual cost of goods which is paid by the advertiser to its wholesaler/supplier, then Advertiser is not obligated to fulfill your order. Where Advertiser chooses not to absorb the additional fee, Advertiser will notify you that the calculations are different from real costs and offer you the option of paying the difference and going ahead with the order. You may choose to proceed and pay the higher delivery fee or cancel the order.
7. Returns or Refunds
If at any time You are not satisfied with the quality of the Goods You have purchased, You may call Customer Care no. of Deep Phone Diary wherein your complaint will be noted and will forwarded to the respective advertiser/supplier for its resolution or you can directly complaint to Advertiser and may claim for a credit, replacement or refund of the purchased damaged or incorrect product. Further, You hereby confirm and agree that the You will not claim or allege anything against Deep Phone Diary in respect of the goods which are provided it to you by the Advertiser.
Deep Phone Diary reserves the right to alter prices of goods at any time as requested by the respected advertiser of goods. All prices quoted are in Indian National Rupee (INR). All orders are subject to availability and confirmation by the advertiser of the goods and services.If any product ordered is unavailable or incorrectly priced then advertiser will advise you the correct price of the product before delivery or recommend a suitable substitute.
9. Cancellation and Modification
Cancellation or modification of any bookings made through Deep Phone Diary shall be strictly in accordance with the Advertisers modification and cancellation policy, including with respect to refund. You may directly contact the respective advertiser and/or Deep Phone Diary IVR for processing any requests pertaining to cancellation or modification. The cancellation and modification request made by you to Deep Phone Diary IVR will be forwarded to respective advertiser for its resolution.
We have no control over and are not responsible for the content of any third-party websites linked to or framed within the Website, or any third-party advertisements and We expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website should not be construed as an endorsement, approval or recommendation by us of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third-party websites is at your own risk.
We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Website is provided in good faith. We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete; and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.
We reserve the right to change, update or terminate the Website and Content or any part of them at any time in our absolute discretion, without notice or liability to you.
All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms.
Deep Phone Diary reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Deep Phone Diary will at no point of time be responsible for the accuracy or correctness of such information. Deep Phone Diary reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).
Deep Phone Diary also reserves the right to impose/change the access regulations of the Platforms , whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.
While every attempt has been made to ascertain the authenticity of the content in the Platforms, Deep Phone Diary is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.
11. Warranty Disclaimer:
Please remember that any provider of goods or services is entitled to register with Deep Phone Diary. Deep Phone Diary does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to booking / availing services. Deep Phone Diary has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Booking, Purchasing and availing goods and services from advertisers shall be at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.
THE MATERIAL AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DEEP PHONE DIARY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. DEEP PHONE DIARY DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DEEP PHONE DIARY DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURIS DICTIONS DO NO
12. DISCLAIMER for "Deep Phone Diary/D Verified stamp, PD Trusted Stamp", " Deep Phone Diary GUARANTEE" and " Deep Phone Diary's Right"
" Deep Phone Diary /PD verified" means, the information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any advertiser with Deep Phone Diary. This verification is solely based on the documents as supplied by an advertiser/s or as per the details contained in Customer E-Registration Form.
“PD Trusted Stamp" indicates that the identity & information of the vendors/services, viz., name, address, contact details, business name has been verified on best effort basis, as existing, based on the documents/information furnished by the vendors/service providers. “PD Trusted Stamp” are also allocated to the vendor’s/service providers considering user’s reviews/ratings or any other criteria.
Deep Phone Diary strongly recommends to its users/callers to verify all relevant details of vendors/services prior to availing any products/services from them. Deep Phone Diary does not implicitly or explicitly endorse any product/s or services provided by the vendors/service providers.
The " Deep Phone Diary Guarantee" and " Deep Phone Diary 's Right" is a limited assurance offered by Deep Phone Diary that the name and contact information of the advertiser and the category in which the advertiser is listed by Deep Phone Diary, have been verified as existing and correct at the time of the advertiser's application to register with Deep Phone Diary. Deep Phone Diary makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.
13. ADDITIONAL DISCLAIMER:
Users using any of Deep Phone Diary service across the following mediums i.e. through internet i.e www.deep phone diary.in Website, Wap, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon, make any kind of booking or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser listed with Deep Phone Diary.All the Users are cautioned that all and any information/products/goods or services of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and Deep Phone Diary does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with Deep Phone Diary. Further, Deep Phone Diary is not at all responsible for any act of Advertiser/s listed at Deep Phone Diary.
14. Unlawful Activity
We reserve the right (at our discretion) to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information etc.
15. Risk and Title
Risk in the goods passes to you upon delivery of the goods to the delivery address by the Deep Phone Diary advertiser.
You agree to indemnify Deep Phone Diary and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including any and all attorneys' fees) that may arise from your submissions, and from your unauthorized use of goods obtained through Deep Phone Diary (via its advertiser), from your breach of this Policy, or from any such acts arising through your use of Deep Phone Diary. These obligations will survive any termination of the Terms.
17. Limitation of liability:
You acknowledge that Deep Phone Diary is provided "as is site" and that Deep Phone Diary is not making and has not made any warranty or representation as to suitability, merchantability, quality of the goods which will be supplied or delivered by its listed advertiser for any particular purpose. You agree that in using Deep Phone Diary, You are not relying on any statement or representation made by Deep Phone Diary which is not expressly contained in this Agreement.IN NO EVENT SHALL DEEP PHONE DIARY BE LIABLE TO YOU ON ACCOUNT OF YOUR BOOKING, USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF DEEP PHONE DIARY ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. DEEP PHONE DIARY DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes. If any such change or modification is unacceptable to you, do not use the Website. If following any such change or modification you continue to use the Website or Content, you will be deemed to have accepted those changes or modifications.
20. General Instructions
Deep Phone Diary's listed advertiser/ actual business owners who has processed and delivered your order as per your request is solely responsible for quality, delivery and billing of the products. Deep Phone Diary only acts as channel between you and the actual business owners/listed advertiser.
We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Website or its Content for any particular purpose.
We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the goods supplied/delivered by the Advertiser.
We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website, or the Website's inability to meet your needs.
We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website, which is beyond our control. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.
21. Force Majeure
23. Governing Law and Jurisdiction:
24. Provisions are severable.
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
Please exit, if you don't agree to the terms contained in this Policy,
If you have any questions or concerns about this Agreement please contact us - 9595956495 for more information.
Deep Phone Diary portal contains the trademark, logos, trade name, service marks and other marks (collectively "Marks") which are the intellectual property of Deep Phone Diary or their vendors or respective third parties. You understand that Deep Phone Diary uses the Marks of vendors and respective third parties procured from the owner and/or distribution channel. In doing so, Deep Phone Diary has no intention, whatsoever, to acquire rights of use or license to these Marks.
This Infringement policy helps in creating a safer marketplace by prohibiting the use of Deep Phone Diary portal for infringing the intellectual property rights of third parties or of the rightful owner. Deep Phone Diary policy requires sellers and buyers or users to comply with all governmental laws and regulations including but not limited to the Infringement policy as amended from time to time
.If you see something on the Deep Phone Diary portal, which you believe is violating the intellectual property rights, please send an infringement initimation to Deep Phone Diary at deep phone email@example.com
Deep Phone Diary will be unable to process requests which do not specify exact product IDs or URLs and the details which are specified below. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time.
How to report a listing
If you have a good faith belief that your IP right has been infringed by any of our sellers or anyone else on Deep Phone Diary's portal , you may follow the below process and /or seek Legal advice.
We require that the Intellectual Property right owner or authorized representative provide the following details and email to the aforementioned email id.
The email should contain the below information.
1.Identification or description of the Intellectual Property Rights that has been infringed.
2. Unambiguous identification or description of where the material that you claim is infringing is located on Deep Phone Diary portal with adequate particulars. Product ID / website links of infringing products.
3. Your address, telephone number, and email address.
4. A statement by you, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
5. Brand/Trade Name (in case of Trademark infringement)
6. Details of the intellectual property being infringed (Provide copyrighted images or trademark certificates as attachments)
7. Details/documents of legal proceedings initiated against the entities (infringing the Intellectual Property rights of the owner)
Grievance Redressal policy.:
Deep Phone Diary shall take all necessary steps and/or remove the infringed product/details from its portal within 15 (Fifteen) working days subject to verification of the details as given above and the nature of complaint.'
TERMS OF SERVICE (PD PAY Receiver)
PD PAY TERMS OF SERVICE are a legally binding agreement between Merchant (hereinafter referred to as "You"), and Deep Phone Diary Limited (hereinafter referred to as "Deep Phone Diary"), and apply to your use of PD PAY Services. Deep Phone Diary offers a payment service solution that allows users to make a payment for goods or services.
It is important that you read and understand these Terms as they govern your use of the PD PAY Services. These Terms contain a binding arbitration provision, which affects your legal rights and may be enforced by the parties. By accessing or using the PD PAY Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately stop using the PD PAY Services.
We may amend these Terms at any time by posting a revised version on www.deep phone diary.in or any other website we maintain for purposes of providing the PD PAY Services. Amended Terms are effective at the time we post them and your continued use of the PD PAY Services constitutes your acceptance of any amended Terms. We may notify you regarding upcoming Terms changes by us.
By clicking on the “I AGREE” button or a similar affirmation, or by acknowledging acceptance of the Agreement by any other method allowed by Deep Phone Diary, or by using or accessing the PD PAY Services through any means permissible including, without limitation via a computer or a mobile application, you acknowledge and agree that: (i) you have reviewed and understands the Agreement; (ii) you agree to be legally bound by the terms and conditions of the Agreement; and (iii) your use of the PD PAY Services will be governed by this Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this Agreement, you should not click on the “I AGREE” button and should not seek to obtain or use the PD PAY Services.
PD Pay Services: Deep Phone Diary provides PD Pay Services to Merchants to facilitate receipt of payment for goods or services, which may include, but are not limited to, receipt of online payment by debit/credit card, QR Code payment, and/or via email or text message, as well as by other means developed by Deep Phone Diary from time to time.
Authorization: shall mean the process by which Payment Gateway Service Provider, Issuing Institution and/or the relevant Card Association electronically or otherwise convey the approval of a charge on a Transaction being undertaken by a Customer. It is agreed that the payment transaction made by Consumer would be considered received and confirmed only after the successful confirmation/acknowledgement from the Payment Gateway Service Provider.
Customer: shall mean person who is intending to purchase goods and services and willing to make the online payment to Merchant.
Proof of Delivery: shall mean the customer acknowledges to Merchant an electronically generated/physical acknowledgement, return receipt, message, etc. for the receipt of the goods or services.
Services: means PD Pay services provided by Services Provider to Merchant under the terms of this Agreement.
Transaction: means dealing between the Merchant and the customer regarding purchase of any goods, item or service offered by the Merchant and its payment vide PD Pay Services.
Customer Data: Data (identifying number, location and all other data as may be collected by, or available with Merchant in connection with or related to such Persons) relating to the Customers who used and/or attempted purchase products/services form Merchant.
Financial Institution Partners: shall mean various banks, financial institutions, Card Associations, payment system providers who are defined and licensed under the Payment and Settlement Systems Act, 2007.
Financial Institution Partners Services: shall mean the payment gateway system and services provided by the Acquiring Banks such as to (i) route internet based Valid Card transactions; (ii) offer various facilities through the internet, including Net Banking facilities; (iii) provide Authentication and Authorization from Card Associations or other third party clearing houses; and (iv) provide settlement facilities in respect of payment instructions initiated by the customers
Card Association(s): shall mean any of Visa, MasterCard, Visa Electron, Maestro, Diners, American Express or any other card association as may be specified by us from time to time.
Card Association Rules: shall mean the written rules, regulations, releases, guidelines, processes, interpretations and other requirements (whether contractual or otherwise) imposed or adopted by any Card Association
Merchant Bank Account: shall mean the bank account maintained and nominated by you for settlement of your Settlement Amount.
Settlement Amount: shall mean Customer Charge minus the TDR and any other charges/fees payable by you to Deep Phone Diary under this Agreement.
Chargeback: shall mean reversal of the value of the Customer Charge with respect to any Transaction, inter alia, on account of (i) alleged forgery of the card number /bank account or other details (ii) any charge/debit made on a card that has been listed as a hot listed card or otherwise listed on the Card association warning bulletins (iii) duplicate processing of the transaction; or (iv) for other reasons as per applicable rules and guidelines issued by RBI, Card Associations, Acquiring Banks and Issuing Institutions. In addition, it shall include any debit to Deep Phone Diary bank account to recover the value of the Customer Charge in the event that you have insufficient funds and/or you fail to pay for the same.
Proof of Delivery: shall mean sufficient legitimate records evidencing Delivery of the Product to the Customer.
Deep Phone Diary offers a PD Pay Services that, amongst other things, allows users (i) to make a payment via payment gateway links which shall be sent on their email/SMS; (ii) scan QR Codes placed on invoices, web pages, emails, posters or other media produced by the Merchant to enable the Users to quickly and easily (i) register with and/or log in to the Merchant's website; and/or (ii) make payments to the Merchant.
The Merchant for the purposes of PD pay services is required to register with Deep Phone Diary to be able to receive the Services. The Merchant may not receive the Services (including processing any Transactions) until it has been so authorised by Deep Phone Diary. By clicking on the check box Merchant agrees that it has read and understood this Terms of Service.
3. SCOPE OF SERVICES:
The Merchant is desirous of availing PD Pay Services in order to accept the payments online from Customers for Services / Products purchased by them (Customers) from the Merchant or its agents.
Deep Phone Diary hereby grants Merchant a right to access and use the PD Pay Services and to utilize systems, and/or communication links furnished by Deep Phone Diary in accordance with this Terms of Service and any other implementation and use requirements provided to Merchant by Deep Phone Diary from time-to-time.
Merchant shall not misuse, rent, lease, assign, or otherwise transfer the PD Pay services to any other Person. Merchant may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from or included in the PD Pay services/System. All rights, title and interest to the PD Pay services are owned exclusively by Deep Phone Diary.
Deep Phone Diary shall perform the Services with reasonable skill and care.
While using PD Pay Service, you represent and confirm that:
You are 18 (eighteen) years of age or older;
You are Indian citizen, a legal resident of India or a business entity, authorized to conduct business in India;
You are not 'incompetent to contract' within the meaning of the Indian Contract Act, 1972; and
You are entering into and performing this Agreement, as per applicable law and are not a person debarred from using the PD Pay Service under the laws of India or other applicable laws.
PD Pay Service can only be used in India. You acknowledge that Deep Phone Diary Services may be subject to export restrictions imposed by the laws, rules, regulations, and guidelines in force in India.
5.OUR RELATIONSHIP WITH MERCHANT :
Deep Phone Diary facilitates individuals and legal entities in accepting payments initiated by their customers on their website or mobile application directed to the Deep Phone Diary Site or through Deep Phone Diary’s IVR System, using Valid Cards, Net Banking and various other acceptable modes of Payment Mechanism provided by Deep Phone Diary.
PD Pay is a software application. Deep Phone Diary will act as an intermediary, by creating a link between the Merchant and the respective Financial Institution by means of the Software Application and Deep Phone Diary site, for enabling the Customers to make payment for the Transactions carried, using PD Pay Service. In order to serve in this role, we have entered into agreements with Financial Institution and other software providers who are in the business of providing information technology services, including but not limited to, internet based electronic commerce, internet payment gateway and electronic software distribution services, to enable use of internet payment gateways developed by them, to (i) route internet based Valid Card Transactions; (ii) offer various facilities through the internet, including net banking facilities; (iii) provide Authorization from Card Associations or other third party clearing houses; and (iv) provide settlement facilities in respect of payment instructions initiated by the Buyers.
These Transactions are between you and your Customers and we are only acting as an intermediary. We are not (i) a payment System Provider as defined under the Payment and Settlement Systems Act, 2007,(ii) a banking company as defined under the Banking Regulation Act, 1949 or (iii) a non-banking financial company as defined by the Reserve Bank of India Act, 1938.
The relationship between Deep Phone Diary and you is on principal-to-principal basis. Nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between us hereto or any affiliates or subsidiaries thereof or to provide either Party with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.
Deep Phone Diary has no connection or interest of whatsoever nature in your business or the Products offered/ marketed on the Merchant Site. Deep Phone Diary shall provide PD Pay Services to you, as an independent entity and under the terms and conditions of this Agreement. Deep Phone Diary has no relationship with the Customers and all actions under this Agreement which may affect the Customers are instructed by you. You alone shall be responsible to the Customers and neither Deep Phone Diary nor the Financial Institution or anybody connected to Deep Phone Diary or Financial Institution shall have any responsibility or liability towards the Customers and you shall keep Deep Phone Diary and Financial Institution fully indemnified for all times to come in this respect.
Deep Phone Diary is neither concerned nor required to monitor in any manner the use of the payment modes by the Customers for procuring / availing the Products. The Customers should be required to use the payment modes at their sole option and risks. You shall be required to notify this responsibility to all its Customers under the instructions provided by Deep Phone Diary.
OBLIGATIONS OF DEEP PHONE DIARY:
In providing the Services, the Deep Phone Diary is acting as an Intermediary between the Merchant and Customers/Users. The contract for the sale of goods or services will be between the Customers/Users and the Merchant. The Merchant shall be solely responsible for all customer service issues relating to its supply of goods or services (including pricing, rebates, item information, availability, technical support, functionality, warranties, guarantees, order fulfilment, shipping, handling, order cancellation, returns, refund, adjustments, feedback and product or service complaints). In performing customer service, the Merchant shall present itself to its customers Deep Phone Diary Provider. It is the responsibility of the Merchant and not the Deep Phone Diary to resolve any dispute or claim raised by Customers/Users relating to the purchase or sale of goods or services from the Merchant.
In case of an unauthorized Refund or a Refund that was incorrectly executed due to an error by Deep Phone Diary, Deep Phone Diary shall at the Merchant's request immediately credit to the Merchant Account the refunded amount including all related Service Fees deducted therefrom. The Deep Phone Diary shall not be liable, where the unauthorized Refund arises from: (a) the Merchant's failure to keep the personalized security features of the Merchant’s Account safe in accordance security policies prescribed under the law time being in force; or (b) any breach of this Agreement by the Merchant, or the Merchant 's negligence or wilful misconduct; (c) if the Merchant fails to notify the Deep Phone Diary of any loss of the Merchant's Password or other event that could reasonably be expected to have compromised the security of the Merchant Account after the Merchant has gained knowledge of such event; or (d) the Merchant fails to dispute and bring the unauthorized or incorrectly executed transaction to the Deep Phone Diary’s attention within 24 (Twenty Four) Hours from the time/date of the transaction.
Deep Phone Diary is obligated to perform only those duties expressly described in this Agreement. Deep Phone Diary shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact , except for as expressly provided for herein.
Deep Phone Diary shall maintain daily transaction record for accounting purpose and data and information generated/maintained by Deep Phone Diary under this agreement shall prevail and be binding on the parties.
Deep Phone Diary hereby agrees that the payment identification number generated by Deep Phone Diary shall be the proof of payment made by Deep Phone Diary to Merchant.
OBLIGATION OF THE MERCHANT
Merchant shall be responsible for working with the Deep Phone Diary development team to make sure PD Pay Services are available subject to pre notified downtime of the system.
Merchant will designate an Account to which all amounts due pursuant to PD Pay Services will be credited as per its terms and Conditions. Merchant shall be responsible for providing its accurate bank details to Deep Phone Diary. Deep Phone Diary shall not credit amounts due pursuant to PD Pay Services to the Merchant’s Account, until or unless Merchant shall not settle all disputes relating to payment or chargeback etc..
Merchant hereby expressly authorizes Deep Phone Diary to initiate credit entries to Merchant’s Account for payment of amounts due to Merchant as per record and entries available with Deep Phone Diary, and to debit Merchant’s Account (for commission, payment gateway charges or any other charges) from time to time.
Merchant hereby confirms to provide relevant information to Deep Phone Diary and to comply with applicable laws and industry rules or standards or as otherwise reasonably necessary to receive PD Pay services from Deep Phone Diary. m Merchant shall be required to submit the KYC documents as sought by the Deep Phone Diary from time to time or in compliance to statutory obligation for the purposes of availing services under this agreement.
Merchant agrees to maintain Transaction records and retain proof of delivery of services from the customers for up to two (2) years from Transaction date and to make these records available to Deep Phone Diary upon request.
The Merchant shall not offer to its Customer any Product or Services, which are illegal or offensive or banned as per the list provided in Annexure ‘A’ and/or is not in compliance with applicable laws, and regulations whether central, state, local or international of all jurisdiction from where the Customers avail the Products or Specified Purpose Services. The Merchant agrees and understands that Deep Phone Diary reserves the right to suspend payments to the Merchant or suspend the services of the Merchant, until such time that the Merchant does not discontinue selling such banned/illegal Products or uses the Funds collected for illegal, unlawful or banned purposes or does not conform with all applicable laws and regulations in force from time to time. In addition, Deep Phone Diary reserves the right to terminate this Agreement forthwith, in the event that the Merchant continues to sell such banned/illegal Products or uses the Funds collected for illegal, unlawful or banned purposes.
Merchant acknowledges that with respect to Transactions, Deep Phone Diary will be acting as the payment facilitator to the Merchant. Merchant for any support or disputes can email at deep phone firstname.lastname@example.org, with brief details of the support required or call on our hotline No. 9595956495.
Merchant shall not cause to be done any act/representation/omissions which results to loss of goodwill and damage to the reputation of Deep Phone Diary and vice versa.
Merchant or any person on behalf of Merchant must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder, Money Laundering Law, Sales of Goods Act, Legal Metrology Act and any other law for the time being in force, and shall not do, or omit to do, any act that will cause Deep Phone Diary to be in breach of any such applicable law. If Merchant breaches the obligations, it shall indemnify Deep Phone Diary against any costs claims and liabilities arising as a result of the breach.
Merchant shall take all such precautions and security measures to ensure that there is no breach of security and the integrity of the link and they have a proper encryption and robust security measures to prevent any hacking into the information of the customers and other data pertaining to customer/Deep Phone Diary. Merchant should have to do the following: use anti vires, protect the Password and Login ID, restrain from using Unlicensed or unmanaged applications, restrain from using third party links, and protect its devices and the data from unauthorized access etc.. In the event of any loss being caused as a result of the link being breached due to fraud, negligence and misconduct of the Merchant and any person on it’s behalf, the Merchant shall indemnify and keep indemnified Deep Phone Diary, from any loss as may be caused to it.
Merchant shall provide such assistance for the prevention and detection of fraud in respect of any transaction as Deep Phone Diary may from time to time request.
In the transaction between the Merchant and the Customers, Deep Phone Diary shall not be responsible for any defect in goods/services sold/provided by the Merchant. Deep Phone Diary shall not be deemed to be a party in respect of any such Transaction. Any and all disputes, subject to the other provisions of this Agreement, between the customers and Merchant in respect of any goods/services sold/provided by Merchant shall not require Deep Phone Diary to be a party to any such dispute except where the dispute between Deep Phone Diary and the Customer has arisen by the acts and omission of Deep Phone Diary.
Merchant agrees that it shall provide to Deep Phone Diary the Customer Data relating to the Customers as defined under this agreement.
The Merchant shall only accept Payments from and/or make Refunds to Customers/Users in connection with goods and/or services which the Merchant has sold and supplied to those Customers/Users;
The Merchant shall only accept Payments and/or make Refunds in respect of goods and services the sale and supply of which commonly falls within the Merchant's business as identified to the Deep Phone Diary customers/Users;
The Merchant shall only accept Payments and/or make Refunds in respect of goods and services the sale and supply of which commonly falls within the Merchant's business as identified to the Deep Phone Diary
The Merchant shall only accept payments and submit data to Deep Phone Diary in respect of Transactions which Customers/Users have authorized in accordance with Applicable Law, the Agreement and any other information or instructions provided by Deep Phone Diary to the Merchant from time to time.
The Merchant shall cooperate with the Deep Phone Diary and provide all information as the Deep Phone Diary shall reasonably require enabling it to provide the PD PAY Services;
Merchant shall display the QR Code at significant location where it is easily visible to customers.
The Merchant shall also be responsible for informing, updating the customer’s about the cancellation and refund policy and Deep Phone Diary shall not be responsible for the same in any manner.
The Deep Phone Diary shall have no liability for any failure to provide or delay in providing the Services in accordance with the terms of this Agreement to the extent such failure or delay results from the failure of the Merchant to comply with terms or the Merchant has otherwise caused or contributed to the failure (by act or omission).
Unless otherwise agreed by the Deep Phone Diary in writing, the Merchant acknowledges and agrees that it shall (at its own cost) be solely responsible throughout the Term for the provision of all equipment, software, systems and telecommunications facilities which are required to enable the Merchant to receive the Services.
Merchant will comply, at its own expense, with all laws, policies, guidelines, regulations, ordinances, rules, and/or orders of any governmental authority or regulatory body having jurisdiction over the subject matter hereof, including, without limitation, terms of issuing Banks or/and terms of the Payment Gateway Provider. Deep Phone Diary reserves the right to amend, modify or change the Services documentation at any time. Merchant shall not use the Services in any manner, or in furtherance of any activity that may cause Deep Phone Diary to be subject to investigation, prosecution, or legal action.
Merchant will comply, and will cause its employees, agents and sub-contractors to comply, with Data Protection Legislation in connection with the performance of its obligations under this Agreement. You are responsible for keeping your Account login information, password, and PIN secure.
Your use of third party products and services shall be governed by and subject to separate third party product, service, software and/or license agreements. Deep Phone Diary shall not be a party to such third party agreements and does not warrant or guarantee any third party product or service.
Merchant shall provide the correct personally identifiable information of its customers/end users including but not limited to name, address, contact no. etc to Deep Phone Diary in all respects. Deep Phone Diary shall not be responsible, for any loss, or damages, causes either to Merchant and/ or customers/end users, in any manner whatsoever, due to the incorrect/false personally identifiable information of customers/end users, provided by the Merchant and the Merchant shall not claim or challenge for the same.
If you link a bank account with PD Pay, the bank must be a registered with RBI. When you make a payment that is funded by your bank, you are authorizing Deep Phone Diary and our Financial Institution Partners to initiate an electronic transfer from your linked bank in the amount you specify. You are solely responsible for complying with any terms set by your bank with respect to your bank account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If you are entitled to a Reversal, refund, or other adjustment associated with a payment you made using the PD Pay Services, you also authorize Deep Phone Diary to credit your linked bank account to complete that transaction.
You shall have the marketable and legal right and title to sell Products offered by it to the Customers by using PD Pay.
In the event any Customer complaints or is dissatisfied with any Product, you shall take such measures as may be required to resolve the same at its sole cost and expenses.
You shall ensure that the best service standards in the industry are adopted and shall ensure Delivery of all Products paid for on the Merchant Site to Customers in accordance with the highest standards.
You shall be solely responsible for the accuracy of all information and/or validity of the prices and any other charges and/or other information relating to the products, which are offered by you.
You hereby agree that it shall bear and be responsible for the payment of all relevant taxes, surcharge, levies etc. (including withholding taxes) in relation to the Customer Charge and PD Pay Services provided under this Agreement.
In the event that you opt for PD Pay Services, you agree and understand that you and your Customers shall be bound by the terms and conditions at www.deep phone diary.in/terms.You shall ensure that you and all your Customers comply with the terms and conditions.
You will not engage in any activity, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, Deep Phone Diary or Financial Institution partners.
You shall ensure to keep confidential, all information submitted by the Customers to you. The Customer shall not be required or asked to disclose any confidential or personal data, which may be prejudicial to interests of the Customer. You shall use the Customer data only for the purpose of completing the Transaction for which it was furnished, and shall not sell or otherwise furnish such information to any third party. You shall be liable to comply with existing data privacy regulations from time to time.
You shall in writing inform Deep Phone Diary of all changes in its constitution, directors/partners/trustees, or change in the current addresses of each office, within seven (7) Business Days of such change having taken place listing out the names and details of the personnel in charge of your management and affairs. Such intimation shall be provided on your letterhead signed by your authorized signatory.
You shall not engage in activities that harm the business and/or brand of Deep Phone Diary, the Financial Institutional Partners.
You shall be responsible to resolve all customer disputes and provide whatever assistance necessary to assist the Financial Institutional Partners and Deep Phone Diary deal with all Customer disputes at its own cost.
You authorize Deep Phone Diary to share Transaction data and Customer information with the respective Financial Institutional Partners
You agree that Deep Phone Diary reserves a right to suspend the payment and/or PD Pay Services provided herein, forthwith, in event you fail to observe the terms and conditions herein.
You agree that Deep Phone Diary shall not be responsible for any incorrect information provided by Merchant and the transaction thereof.
Merchant shall immediately inform Deep Phone Diary incase of any theft or lost of its instruments /mobile devices etc used for the PD Pay services. Merchant agrees that Deep Phone Diary shall not be responsible in the event merchants fails to inform about such lost/theft of instruments /mobile devices etc.
You acknowledge and confirm that while accepting the payment using PD Pay, you shall not demand any Customer (Cardholder) to pay any surcharge, to pay any part of the discount, whether through any increase in price or otherwise, or to pay any contemporaneous finance charge in connection with the transaction in which a PD Pay is used. If at any stage it is brought to the notice of deep phone diary / Bank that such a charge is being levied by you, then services will be immediately terminated by Deep Phone Diary or the Bank.
If there is no activity in your Deep Phone Diary Account (including access or payment transactions) for a period of one (1) year, we may close your Deep Phone Diary Account.
Your privacy is very important to us. Your accounts details in as much as the services under this terms of services are safe and secure with us.
By using our Service, you may receive information about Customers. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the Customer.
OBLIGATIONS TOWARDS FINANCIAL INSTITUTION PARTNERS
As you will be using the PD Pay Service, you undertake comply with all applicable rules, guidelines, instructions, requests and actions, etc., made by the Financial Institution Partners from time to time. The Financial Institution Partners may also put limitations and restrictions on you, at its sole discretion. In addition, the Financial Institution Partner has the right to reverse/reject settlement, suspend and/or terminate services, make inspections or inquiries in relation to the Transaction, etc. You understand and acknowledge that the Financial Institution Partners Rules form a part of this Agreement. In the event that your non-compliance of Financial Institution Partners Rules, results in any fines, penalties or other amounts being levied on or demanded of Deep Phone Diary by an Financial Institution Partners, then without prejudice to Deep Phone Diary’s other rights hereunder, you shall forthwith indemnify Deep Phone Diary in an amount equal to the fines, penalties or other amount so levied or demanded. If you fail to comply with your obligations towards the Financial Institution Partners, Deep Phone Diary may suspend settlement or suspend/terminate the PD Pay Services forthwith.
CONNECTIVITY AND INTEGRITY OF HOTLINK:
You shall be responsible at your own costs for providing and maintaining all necessary equipment, software and facilities at your end so as to connect the PD Pay Service.
You shall be responsible at your own costs for providing and maintaining all necessary equipment, software and facilities at your end so as to connect the PD Pay Service.
You shall take all such precautions and measures as may be directed by Deep Phone Diary from time to time to ensure that there is no breach of security and the integrity of the link. You shall also ensure that there are proper encryption and robust security measures to prevent any hacking into the information of the Customers and other data. In addition to the above, you shall also comply with security practices and procedures as prescribed in the Information Technology Act, 2000 and the rules made thereunder and/or the RBI rules and Regulations. Any loss incurred to you, Deep Phone Diary or Financial Institution Partner as a result of the Hotlink being breached due to improper security on part of you, your employees, contractors, agents, etc, shall be borne solely by you and you agree to indemnify, defend and hold harmless Deep Phone Diary and the Financial Institution Partner from any claims, actions, damages or losses arising out or in relation thereto.
Without prejudice to the generality of the aforesaid, you shall routinely and at such time intervals as may be specified by Deep Phone Diary check the integrity of the Hotlink and provide such reports from time to time.
Merchant hereby agrees and confirms to include the name and logo of Deep Phone Diary/PD Pay Services in all of their advertisement / promotional material upon taking written consent from Deep Phone Diary in writing.
13 REPRESENTATION, COVENANTS AND WARRANTIES OF MERCHANT:
Merchant has all the necessary licenses, permissions, approvals, rights and is fully authorized to sell the products/services to customers ;
Merchant has full corporate power and authority to execute, deliver and perform this Agreement;
Merchant has obtained all licenses, clearances, permissions, approvals or consents from any third party or any regulatory or government body which are required by applicable law or reguations,to execute the business/services of this agreement.
Merchant confirms that, the execution of this Agreement and the performance of its obligations under this Agreement and the implementations of the terms and conditions contemplated hereby do not constitute a breach of any contract, agreement, arrangement or understanding, entered into by it with any third party, or any IPR of any third party;
Merchant confirms that the execution of this Agreement and the performance of its obligations under this Agreement and the implementations of the terms and conditions contemplated hereby does not violate any statute, regulation, rule, order, decree, injunction or other restriction of any governmental agency or Court or any regulatory authority to which it is subject or any of the provisions of its’ constitutional documents
Merchant shall post its refund/cancellation policy on its Website and shall ensure that its Customers are bound by the refund/cancellation policy. Merchant agrees to put up such notices, disclaimers or warranties as may be required under the law and/or by PD.
Merchant hereby agrees that Deep Phone Diary does not verify the identity of Users of the Service and that the information provided to Merchant is the information received from the User/customer which has not been independently verified by Deep Phone Diary.
Merchant shall solve/reply all issues and queries pertaining to customers complaints to their satisfaction including the issues relating to the refund amount of cancelled transactions within 24 (Twenty Four) hours failing which Deep Phone Diary shall be entitled to debit the amount of such cancelled transaction from Merchant’s account without any further communication to merchant.
In consideration of Deep Phone Diary providing the services as provided under this agreement, Merchant shall at all times use the logo of Deep Phone Diary / PD Pay services in all their promotional material and in their advertisement after taking the written consent from Deep Phone Diary.
In consideration for PD Pay Service, you shall pay Transaction Discount Rate (“TDR”). The TDR shall be deducted by Deep Phone Diary from the Customer Charge payable to you in respect of each completed Transaction. Deep Phone Diary reserves the right to revise the TDR periodically, and Deep Phone Diary will intimate you of any such change within reasonable time.
In consideration for PD Pay Service, you shall pay Transaction Discount Rate (“TDR”). The TDR shall be deducted by Deep Phone Diary from the Customer Charge payable to you in respect of each completed Transaction. Deep Phone Diary reserves the right to revise the TDR periodically, and Deep Phone Diary will intimate you of any such change within reasonable time.
15. PAYMENT & SETTLEMENT TERMS:
The PD Pay Services may enable the Merchant to receive immediate Payments from Users who authorize and initiate those Payments via payment gateway links or QR Code. When a User initiates a Payment, the Deep Phone Diary will process the Payment. Provided that the issuing bank authorizes the payment, Deep Phone Diary will credit the Merchant Account for the amount of the Payment less any applicable Fees. If the Merchant does not receive the payment, the Merchant shall immediately contact the Deep Phone Diary.
Merchant is solely responsible for payment reconciliation of Transaction history with its actual Transactions. However, if Merchant find’s any discrepancy during reconciliation, Merchant agrees to notify Deep Phone Diary and Deep Phone Diary will promptly investigate and attempt to resolve any reported discrepancies. In the event of any dispute in the reconciliation/Invoice, Deep Phone Diary shall have a right to review and verify, the information provided by Merchant under this Clause based on the data and information available with Deep Phone Diary. It is hereby expressly agreed between Parties that in case of any discrepancy, the data and information generated by Deep Phone Diary shall prevail and be binding upon the Parties and the merchant shall not challenge the same in any manner whatsoever.
Deep Phone Diary may suspend the processing of any Transaction / stop the payment to Merchant where Deep Phone Diary reasonably believes that the Transaction may be fraudulent or involves any criminal activity, until the satisfactory completion of the Deep Phone Diary’s 's investigation or that of any third party under Applicable Law. Deep Phone Diary may also initiate a Refund if a Payment is reversed by a court, regulatory authority or other third party acting in accordance with Applicable Law, (b) Deep Phone Diary , in its sole and absolute discretion, accepts or has reason to believe that a Payment was not authorized by the relevant User, or (c) a Payment is allegedly fraudulent, unlawful, suspicious, or in breach of this Agreement. In circumstances where the Merchant agrees to refund all or part of a Payment in connection with a purchase made by a User, the Merchant must initiate a Refund to that User.
Deep Phone Diary may refuse to execute a Refund if it does not meet the conditions in this Agreement or is prohibited by law. If Deep Phone Diary does refuse to execute a Refund, within the time for processing the Refund, it will notify the Merchant (unless prohibited by law) of the refusal and, if possible, the reasons for it and the procedure for correcting any factual mistakes that led to the refusal. Any Refund that is refused will not be deemed to have been received for purposes of execution times and liability for non-execution or defective execution. In order to reclaim an unauthorized or incorrectly executed Refund on the Merchant Account, the Merchant must notify Deep Phone Diary without undue delay after becoming aware of the unauthorized or incorrect Refund and in any event no later than 7( Seven) days after the debit date of the Refund
It is acknowledged and confirmed by Merchant that Deep Phone Diary may in future charge the commission percentage by notifying to Merchant.
In the event of termination of this agreement, Merchant undertakes and confirms to pay all amounts of money that are due and payable to Deep Phone Diary within Two (2) days of termination of this Agreement. Merchant shall at all times be responsible for any expenses, cost, charges that may be incurred by Deep Phone Diary for providing PD Pay Services including but not limited to payment gateway charges, any fees or penalty imposed by payment gateway service provider or issuing Institutions etc.
.Deep Phone Diary shall do the settlement of transaction amount with Merchant on every business day except Saturday, Sunday or any declared holiday. The amount of the Settlement Payment for any Settlement Period shall be the aggregate amount of the Payments made by the Customers/Users in such Settlement Period less the following amounts: (A) the aggregate amount of Refunds made during such Settlement Period plus the aggregate Refund Fees applicable to such Refunds; (B) the aggregate amount of Chargebacks (plus the applicable Chargeback Handling Fees) made in such Settlement Period; (C) the Settlement Fee (if any)/ payment gateway charges owed by the Merchant for such Settlement Payment; and (D) any other relevant Fees relating to such settlement period.
Deep Phone Diary may defer any Settlement Payment: (A) if the amount of such Settlement Payment is less than the minimum Settlement Payment threshold that the Deep Phone Diary reasonably determines in the Deep Phone Diary’s 's sole and absolute discretion (of which the Deep Phone Diary will notify the Merchant from time to time), until the total Settlement Payment payable reaches that threshold; (B) where the Deep Phone Diary reasonably believes that a Transaction may be fraudulent or involves other criminal activity, until the satisfactory completion of the Deep Phone Diary 's investigation or that of any third party; or (C) without limit in amount or time, if Deep Phone Diary becomes aware or reasonably believes that the Merchant is in breach of or likely to be in breach of the Merchant's obligations under this Agreement.
Deep Phone Diary may at its sole and absolute discretion deduct or withhold such sums from, or set-off such sums against, any Settlement Payment; and/or send the Merchant an invoice for any or all such sums, which invoice shall be payable in accordance with its terms.
Deep Phone Diary will make the settlement of the amount in the Merchant’s bank account provided by the Merchant to Deep Phone Diary.
Deep Phone Diary generates a successful transaction report daily at 00.00 hours through its system automatically and without any human intervention. The said transaction report is made available to the Merchant on regular basis. It is understood between the Parties that since the transaction report is generated automatically and independently, hence it shall prevail and be binding upon the Merchant and the merchant shall not challenge it any manner whatsoever.
Merchant shall be liable to deposit all indirect taxes that may arise on orders/bookings placed by the Customer. Merchant agrees to indemnify Deep Phone Diary in case any demand of indirect taxes is raised by the revenue authorities including interest and penalty in relation to indirect taxes implications on the orders/bookings placed by the Customer under this agreement.
Deep Phone Diary is only acting as a facilitator for receipt of payment of goods/services for Merchants. Deep Phone Diary does not maintain/deliver any goods at any point of time and property in goods does not pass to Deep Phone Diary under any circumstances. Deep Phone Diary is not responsible for issuing any invoice on the customer either directly or on behalf of the Merchant and not liable for any tax liability pertaining to this transaction except on commission income (if any) earned by it.
Deep Phone Diary shall have no liability for any penalty, interest, fine or other charges due to the delayed or non-payment of any (applicable) taxes to the tax authorities under this agreement.
You understand and acknowledge that at any time and from time to time, we may temporarily suspend or delay payments to you or require you to provide Deep Phone Diary with Reserve of such amounts as may be requested by Deep Phone Diary to secure the performance of your payment obligations under this Agreement for reason, including without limitation, high Chargeback risk, credit risk, refund overdraft risk, non-delivery issues, selling of banned items, non-payment of maintenance fees or other amount payable to Deep Phone Diary or any other indications of performance problems related to your use of the PD Pay Service. If you fail to provide Deep Phone Diary with Reserve within seven (7) days of receipt of notice for the same, Deep Phone Diary reserves the right to suspend and/or terminate the Settlement Amount payable you or the PD Pay Service without further notice. Deep Phone Diary may use this Reserve to set-off including but not limited to any Outstanding Amounts payable by you to Deep Phone Diary, Financial Institution and/or Customers.
In case the Settlement Amount payable to you and/or the Reserve (if any) is not sufficient to cover your Outstanding Amount, then you shall pay Deep Phone Diary and/or the Financial Institution the remaining amount due immediately upon request. Deep Phone Diary shall be entitled to charge daily interest on such Outstanding Amount from the date of request until the date of payment in full, at the rate of 1.5% per month. Provided that the above right of Deep Phone Diary to appropriate the Reserve and set-off the Outstanding Amount in the above manner shall be in addition to and reserving fully the right of Deep Phone Diary to recover all such losses, costs and damages etc from you by any other means, which may be available to Deep Phone Diary under the law. In addition, you agree to pay all costs and expenses, including without limitation attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with the outstanding amount and the collection of same from you.
The Merchant shall bear the risk of Chargebacks initiated in respect of Customers/Users. If a Chargeback is initiated, Deep Phone Diary will deduct from the Merchant Account the amount of the Chargeback plus the applicable Chargeback Handling Fee. The Merchant will provide such information and assistance as is reasonably requested by Deep Phone Diary to process, administer, challenge or dispute Chargebacks. If the Chargeback is successfully challenged by submitted relevant documents and reversed, Deep Phone Diary shall credit the Merchant the amount of such reversal and if Merchant is unable to defend the Chargeback then Deep Phone Diary shall deduct the amount from Merchant’s account and shall credit in the User’s account.Merchant hereby acknowledges that Issuing Bank/ payment Gateway service provider reserves the right to either accept or reject the chargeback of the Customer.
In case of cancellation of transactions by the, refund process shall be as follows:
The Merchant shall give intimation to Deep Phone Diary regarding details of transactions cancelled by the customers either by electronic mail or by letter.
Deep Phone Diary shall not be liable for the calculation of cancellation charges which may be based on factors like terms & conditions of the Merchant selling the goods/services, the time of cancellation and the status of the transactions and shall accept the refund sent by the Deep Phone Diary as final in this regard. The Merchant shall provide the details and Deep Phone Diary will credit the amount of refund due to the customers.
Deep Phone Diary shall reverse the debit entries in case of refund transaction from Payment Gateway Service Provider and shall in turn debit the Merchant with the amount of cancellation money as given by Deep Phone Diary and crediting the same to Customer.In case of fraudulent online purchase transaction done by Customer then it shall be resolved by Customer and the Merchant at the exclusion of Deep Phone Diary. The Merchant shall immediately inform the Deep Phone Diary.
18. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS:
Both the Parties hereby acknowledge and agree that each Party is the absolute owner of all right, title and interest in respect of their own trade name, logo, trademark, copyright, device, label, colour combination, artwork and visual representation and they shall not, by virtue of this Agreement, assume activities under this Agreement or affiliation with the other Party, acquire or claim any interest in any such trade names or copyright belonging to and/or owned by the other Party.
Each Party shall at all times, render assistance in its power to restrain the infringement, passing-off, duplication, unauthorized use or colorable imitation of any such trade descriptions, logo, device, label, art work, trade names, trademarks or Copyrights.
Each Party hereby agrees and undertakes that it shall not register, use or file and/ or assist in and/ or allow registering, using or filing, either directly or indirectly, for itself or through, on behalf of or in conjunction with any person or legal entity and whether as principal, agent, shareholder, consultant, employee or in any capacity whatsoever, any trademarks/ service marks in any class, either alone or in combination with any other mark or material, which is similar and or identical and/ or resembling in any manner with the other party’s marks and/ or intellectual property rights of the other party and not to associate the other party marks and/ or intellectual property rights of the other party with its own business and/ or the business of any third party associated with it, except as contemplated under this Agreement.
Upon the termination of this Agreement for any reason, the Parties shall immediately cease to use other party’s marks and/ or intellectual property rights vested in the other party in any manner whatsoever.
Either Party shall not claim any right, title, or interest in the other party marks and/ or intellectual property rights vested in the other party and the same shall at all times continue to be the exclusive property of the other party.
f.Either party shall not directly or indirectly do anything which shall have an adverse impact on the other party’s marks and/ or intellectual property rights and/ or confidential information of the other party. In the event of termination of this Agreement the provisions of this Clause 10 shall survive the termination of this Agreement.
Except as specifically set out in this Agreement, no announcement or communication concerning the terms of this Agreement shall be made or caused to be made before or after the execution of this Agreement, by both Parties without mutual consent.
Both Parties have agreed that, save and except with the prior written consent of the other Party:
On and from the date of this Agreement, the contents of this Agreement and any documents, data, or information, which a Party may obtain from the other Party pursuant to this Agreement, or sensitive personal data and information defined under the Information Technology (reasonable security practices and procedure and sensitive personal data or information) Rule, 2011 (hereinafter referred to as "Confidential Information") shall be kept confidential and shall not be disclosed by either Party to any third party.
Upon the expiry of the term of this Agreement or the termination of this Agreement, neither Party shall issue any adverse official written communication relating to such termination or the factum of this Agreement.
However, the Parties may disclose such Confidential Information under following circumstances: (i) if it is essential for the assessment of the transaction to disclose Confidential Information, (ii) may disclose such Confidential Information to its employees, agents and advisors (including without limitation, attorneys, accountants, consultants, bankers, financial advisors, or their representatives) whose knowledge of the Confidential Information is essential for fulfilling its obligations under the Agreement; (iii) disclose the said confidential Information to lawful authority after getting the lawful order; & (iv) where the disclosure is necessary for compliance of a legal obligation. Subject to the aforesaid conditions, the Parties shall not under any circumstances disclose to any third party or to any other Deep Phone Diary the terms and conditions of this Agreement & all confidential Information, documents, manuals and other materials provided by the other Party, during the subsistence & survival of this Agreement.
Upon the expiration, cancellation or termination of this Agreement, each Party shall forthwith stop using and, return or destroy all Confidential Information, documents, manuals and other materials provided by the other Party. Upon request, the receiving Party shall send disclosing Party a certificate specifying that all the Confidential Information, documents, manuals and other materials have either been destroyed or returned.
In the event either Party violates or causes to be violated any of the provisions of this Clause during the term of this Agreement and after its expiry or sooner termination, the other Party shall, without prejudice to its other rights to claim injunctive relief, be entitled to claim from the Party in breach, and the Party in breach shall be liable to pay to the other Party as liquidated damages, compensation to the tune of actual amount of damages as determined and supported by proof of evidence, by the other Party. The above clause shall survive for the period of three years after the termination of the Agreement.
20. WARRANTIES AND INDEMNITIES:
The Merchant warrants and represents that all information provided to Deep Phone Diary in the course of applying to use the PD PAY Service is true and accurate in every respect and the Merchant will keep all such information up to date during the Term.
The Merchant warrants that it will conduct its business in the Territory and that it will only use the Services and/or receives Payments within the Territory. The Merchant warrants and represents that the sale and purchase of goods and services by Users/Customers and the integration of PD PAY meet all Applicable Law in the Territory and the provision of the Services by Deep Phone Diary will not contravene any such Applicable Law. If it is determined that such acts do contravene any Applicable Law, Deep Phone Diary may terminate this Agreement immediately.
The Merchant shall indemnify and hold Deep Phone Diary/ Payment Gateway Service Provider harmless from and against any and all claims brought against Deep Phone Diary/ Payment Gateway Service Provider by Users/Customers or a financial institution or other third party, or which Deep Phone Diary may suffer or incur, to the extent such claims arise out of or in consequence of or in connection with: (A) a Transaction; (B) any security breach in relation to compromise or theft of Payment data held by the Merchant or on the Merchant's behalf; (C) a breach of the warranties clauses and; (D) a failure by the Merchant to comply with the requirements of a regulatory authority or Applicable Law;.
21. LIMITATION OF LIABILITY:
This clause sets out the entire liability of the parties (including any liability for the acts or omissions of their respective employees, agents and sub-contractors) to each other in respect of: any breach of this Agreement; any use made by the Merchant or its Affiliates of the Services or any part of them; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement. In particular, and except as expressly stated in this Agreement: Deep Phone Diary makes no representations or warranties, express or implied, with respect to Merchant ability, fitness for a particular purpose or non-infringement; Deep Phone Diary does not warrant or guarantee that Merchant will achieve any level of sales, revenue or profit; Deep Phone Diary does not warrant or guarantee that the PD PAY Services will always be available or operate error-free, or that any errors, omissions or misplacements in the software will be corrected.
Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence; fraud or fraudulent misrepresentation; the indemnification obligations; or any other liability that cannot be excluded by Applicable Law.
Without prejudice to above clause: Deep Phone Diary’s 's total liability arising under or in connection with this Agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to an amount not more than the payment made by the customers/users in the one month immediately prior to the date on which the cause of action for such liability arose;
22. DISCLAIMER :
THIS SERVICES ARE PROVIDED ON AN “AS IS, “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES. DEEP PHONE DIARY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR -FREE. MERCHANT MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE SERVICES BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS, INCLUDING REPRESENTATIONS OR WARRANTIES OF ANY DEEP PHONE DIARY EXCEPT AS EXPRESSLY SET FORTH HEREIN.
DEEP PHONE DIARY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT, OR TITLE WITH RESPECT TO THE SERVICES, OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT. MERCHANT UNDERSTANDS AND AGREES THAT DEEP PHONE DIARY SHALL BEAR NO RISK WITH RESPECT TO MERCHANT’S SALE OF PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY RISK ASSOCIATED WITH CHARGEBACKS OR FRAUD IN ANY MANNER WHATSOEVER.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, MERCHANT EXPRESSLY AGREES THAT DEEP PHONE DIARY SHALL NOT BE LIABLE FOR ANY LOSS (HOWEVER OCCURRING , INCLUDING NEGLIGENCE), ARISING FROM OR RELATED TO: (A) CUSTOMERS/MERCHANT’S FAILURE TO PROPERLY ACTIVATE, INTEGRATE OR SECURE ACCOUNT OR INCORRECT DETAILS ; (B) FRAUDULENT TRANSACTIONS PROCESSED THROUGH PAYMENT GATEWAY ACCOUNT(S); (C) DISRUPTION OF TRANSACTION SERVICES, SYSTEMS, SERVER OR WEBSITE BY ANY MEANS, INCLUDING WITHOUT LIMITATION, DDOS ATTACKS, SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER TECHNOLOGY; (D) ACTIONS OR INACTIONS BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, DEEP PHONE DIARY, PAYMENT GATEWAY SERVCE PROVIDER , PAYMENT PROCESSOR OR ISSUING BANK; OR (E) THE LIMITATION OF THE FUNCTIONING OF ANY TRANSACTION SERVICES OR SOFTWARE, HARDWARE, OR EQUIPMENT ASSOCIATED THEREWITH.
23. TERM :
This Agreement shall remain in force continuously from the date of execution of this Agreement, until and unless otherwise terminated by either party by giving 30 (Thirty) days prior written notice to the other party. The duration may be reduced as mutually decided by both the parties.
24. TERMINATION :
Each party shall have the option to terminate this Agreement at any time by giving 30 (thirty) days advance notice in writing to that effect to the other party.
The Parties have right to terminate this Agreement forthwith by a notice in writing to the other Party, if other Party has committed any material breach of its obligations specified under this Agreement or has violated any law under which its right to business may cease and has failed to remedy the highlighting such breach or non-performance within one week.
Each Party shall have the option to terminate this Agreement, by giving notice in writing, in the event that any other Party becomes insolvent, goes into liquidation or a liquidator is appointed to wind up the Company.
This Agreement shall stand terminated automatically if the business of the merchant becomes illegal/unlawful/banned by the law of the land or if the Merchant indulges in any illegal act or practice that makes its business illegal/unlawful/banned or if any transaction has taken place which results directly or indirectly in Money Laundering activities or financing of terrorists activities. Deep Phone Diary shall not be liable for such activities/transactions and Merchant shall be solely responsible / liable for any action taken by any Government or regulatory authority.
In the event of the termination of this Agreement either Party will, forthwith return all the signage, literature, banners, glow-signs and any such other promotional material to other party. The termination shall not affect any liabilities incurred by the either Parties prior to the termination of the Agreement or for acts performed during the pendency of the Agreement which may result in a dispute post termination of the Agreement nor any provision expressed to survive or to be effective on termination and the obligations set out in this clause shall remain in full force and effect notwithstanding termination.
25. GENERAL PROVISIONS :
Assignment: Neither Party shall assign the obligations nor any of the benefits under this Agreement to any persons, firm or company, save and except with prior written permission from the other party.
Waivers: No waiver by either party of any of their terms hereof or of any breach thereof shall constitute or be deemed to be a waiver of any such terms or of any breach in any other case whether prior or subsequent thereto.
Force Majeure: Neither party to this Agreement shall be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of Deep Phone Diary, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.
If at any time during the term of this agreement the performance in whole or in part by any one of the parties, of any obligation under this agreement is prevented or delayed by reason of war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action or Act of God, the other party shall not be entitled to terminate this agreement neither shall any party have any claim for damages against the other in respect of such non-performance or delay in performance, provided notice of the happening of any such event/s is given by the affected party to the other within twenty one (21) days from the date of occurrence thereof.
Arbitration: Any dispute or difference which may arise at any time between the parties, as to the construction, meaning or effect of, or, as to any clause, matter or things contained herein, or as to the rights or liabilities of the parties under this Agreement, shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed with mutual consent of the parties. Arbitration shall be held at Delhi, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The Agreement shall be governed by and construed in accordance with the laws of India. The courts of Delhi, India, shall have exclusive jurisdiction in connection with this Agreement.
Notice: Delivery of Notice: All notices or other communications required to be given hereunder shall be in writing and delivered either personally or by registered A.D. and /or mail, certified, return receipt requested postage prepaid, and addressed as provided in this Agreement or as otherwise requested by the receiving party. Notices delivered personally shall be effective upon delivery and notices delivered by mail shall be effective upon their receipt by the party to whom it is addressed. The Parties shall notify any change in address to the other party promptly. In case of failure to intimate the other Party about the change of address, the notice shall be served to the address mentioned in this agreement and shall be treated as properly served.
Entire Agreement: This Agreement constitute the entire Agreement between Merchant and the Deep Phone Diary pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the parties.
Severability: If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and in full force and effect.
Variations of Agreement: No variation or amendment to this Agreement shall bind either party unless made in writing and signed by the duly authorized persons/officers of both the parties.
Jurisdiction: It is mutually agreed between the parties hereto that any dispute or claim arising under this Agreement shall be subject to the jurisdiction of the Courts at Delhi.
Banned/Prohibited list of Products and Services referred to in this Agreement is as mentioned herein below: -
Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; website access and/or website memberships of pornography or illegal sites.
Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
Body parts which includes organs or other body parts.
Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam).
Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
Child pornography which includes pornographic materials involving minors.
Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection
Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials
Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction
Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content
Government IDs or documents which includes fake IDs, passports, diplomas, and noble title.
Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property.
Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes.
Offensive goods which includes literature, products or other materials that:
Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
Encourage or incite violent acts
Promote intolerance or hatred
Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
.Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances
Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specification.
Securities which includes stocks, bonds, or related financial products
Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products.
Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments
Wholesale currency which includes discounted currencies or currency exchanges
Live animals or hides/skins/teeth, nails and other parts etc of animals.
Multi Level Marketing collection fees
Matrix sites or sites using a matrix scheme approachc
Work-at-home approach and/or Work-at-home information
Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of lndia.
Merchant providing services that have the potential of casting Deep Phone Diary and/or Payment System Providers in a poor light and/or that may be prone to ?Buy & Deny? attitude of the cardholders when billed (e.g. Adult material/ mature content/Escort services/ friend finders) and thus leading to chargeback and fraud losses.
Businesses or website that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. Web-based telephony, website supplying medicines or controlled substances, website that promise online match-making).
Businesses out rightly banned by law (e.g. Betting & Gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes & gamesof chance.
Merchant who deal in intangible goods/ services (eg. software download/ Health/ Beauty Products), and businesses involved in pyramid marketing schemes or get-rich-quick schemes. Any other product or Service, which in the sole opinion of either Deep Phone Diary or Payment System Providers , is detrimental to the image and interests of either of them / both of them, as communicated by either of them/ both of them to Merchant from time to time. This shall be without prejudice to any other terms & conditions mentioned in this agreement.
Bulk marketing tools which includes email, lists, software, or other products enabling unsolicited email messages (spam).
Web-based telephony/ SMS/Text/Facsimile services or Calling Cards. Bandwidth or Data transfer/ allied services. Voice process /knowledge process services.
Terma and conditions for (PD Pay sender)
BY REGISTERING FOR OR USING PD PAY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE PD PAY SERVICES. As the PD PAY Services owned by Deep Phone Diary, hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Deep Phone Diary.
When you use PD PAY Services provided by Deep Phone Diary, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to usage of PD PAY Services. You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the PD PAY Services.
We may amend these Terms at any time by posting a revised version on www.deep phone diary.in or mobile site i.e., http://wap.xxx.com/?m=1 any other website we maintain for purposes of providing the PD PAY Services. Amended Terms are effective at the time we post them and your continued use of the PD PAY Services constitutes your acceptance of any amended Terms. We may notify you regarding upcoming Terms changes by us.
"Account" refers to the account created for a User as soon as he successfully completes the process of registering at www.deep phone diary.in, which contains information regarding his PD Pay Services, which permit payment and domestic money remittance as per RBI direction, as amended by RBI from time to time.
"Customer" "or" "you" mean a person who has registered with Deep Phone Diary for availing the PD PAY Services and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the PD PAY Services.
"Charge(s)" or "Service Charge" shall mean the charges which Deep Phone Diary may levy upon you in consideration for subscribing to the PD PAY Services. “Eligible" means satisfying the conditions of eligibility prescribed under these T&Cs.
"KYC" stands for Know your Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which Deep Phone Diary is required to procure personal identification details from you before any services can be delivered. Know your Customer (KYC) documents may be required by Deep Phone Diary from the Customer at the time of Registration and/ or on a later date, for availing and / or continuation of the PD PAY Services.
"PD PAY Services" allows its registered users to: a) to make a payment via payment gateway internet enabled links which shall be sent on their email/SMS/links; or b) scan QR Codes placed on posters or other media displayed at Merchant’s establishment to enable you to quickly and easily make payment via method internet enabled links which shall be sent on their email/SMS/links (i) register with and/or log in to the Merchant's website; and/or (ii) make payments to the Merchant, or (c) transfer funds to a savings or current bank account, or to make any valid transaction, upon completing the necessary formalities mentioned herein, or otherwise mention time to time.
"Merchant" means any of the establishments listed on the webpage available at www.deep phone diary.in or at its portals which/who accepts payment through PD Pay Services for sale of their goods and services and with whom we have executed physical contracts. The list of Merchants available at www.deep phone diary.
commay be revised by us from time to time without intimation to you.
"Merchant Establishment" shall mean and include physical Merchant's shops, and any other outlet that has been authorized by Deep Phone Diary to accept payment using PD PAY Services.
"PD Registered Users" mean any User who completes the necessary formalities as required for registration
"Password" means the secret password used to secure PD PAY Services applications, without knowledge of which PD PAY Services will not be operable
"RBI" means the Reserve Bank of India.
"Registration Form" shall mean the PD PAY Services Registration Form, as is required by Deep Phone Diary from the Customer at the time of Registration for availing and / or continuation of the PD PAY Services.
"Transaction" means make a payment for purchase of goods or services at Merchant establishments or fund transfer to the savings or current bank account, or any other legitimate transactions.
"Terms and Conditions of Service" or "T&Cs" refers to these terms and conditions of use of Deep Phone Diary's Services, and any future revisions of the same, which you are informed of via automated e-mail sent to Your Registered E-mail Address.
3.ELIGIBILITY TO USE THE PD PAY SERVICES
While using PD Pay Services, you represent and confirm that:
You must be 18 (eighteen) years old;
You are Indian citizen, a legal resident of India or a business entity, authorized to conduct business in India;
You must be an authorized representative with the authority to bind that company or entity to these Terms;
You are not 'incompetent to contract' within the meaning of the Indian Contract Act, 1972;
You are entering into and performing this Agreement, as per applicable law and are not a person debarred from using the PD Pay Services under the laws of India or other applicable laws.
PD Pay Services can only be used in India. You acknowledge that Deep Phone Diary Services may be subject to export restrictions imposed by the laws, rules, regulations, and guidelines in force in India.
We reserve the right to immediately terminate your Account if we have reason to believe that your Account is being used by any person who is not eligible, or for any other reason. We rely completely on your representation that you are eligible and will bear no liability if you or anyone who uses your Account or PD Pay Services is found to be not eligible.
REGISTRATION OF PD PAY- USER ACCOUNT
To open an Account or to Use the Services, you must provide us with the following "Registration Data": a valid and functional e-mail address ("Registered E-mail ID"); a valid and functional phone number registered in your name ("Registered Phone Number"); a password; Valid Bank / Card details (for example, Bank Account No, IFSC Code, Bank Account No, Card No, Card Expiry details etc.) and any additional information that RBI Regulations may prescribe to be necessary to satisfy Know Your Customer norms ("KYC Norms"), or as we deem fit.
The Registration Data and any other information provided by you to us must be accurate, current and complete information about yourself or your company as prompted by our registration form (including your email address) and maintain and update your information (including your email address) to keep it accurate, current and complete. Any liability for false, fictitious, inaccurate, not current or incomplete Registration Data provided by you will be borne solely by you and not us.
You must keep password confidential and not share it with any other person. You are responsible for all activity on your account, whether or not you authorized it. Please do not share your Registration Data with any third parties as you will be solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through your Account and PD Pay, whether initiated by you or any third party.
In order to protect the security of your Account and PD Pay, we require you to (a) immediately inform us at our Hotline No. 9595956495 & email us at deep phone email@example.com, of any unauthorized use of your Account and (b) to ensure that you log out of Your Account at the end of every session.
In accordance with RBI Regulations to prevent money laundering and the funding of terrorism in India, We may suspend or terminate your Account with immediate effect if we have reason to believe that the Registration Data or any other data provided by you is incorrect, or that the security of your Account has been compromised in any way. Please note that in order to comply with RBI Regulations, we do not allow you to open more than one Account in association with the phone number registered in your name.
In the event that you have forgotten the password to your Account, you may click on Forgot Password to request a new password. Based on our sole discretion and if we are satisfied that the identity of the applicant for a new password matches your identity, we will send an e-mail to your Registered E-mail ID, with instructions to reset your password ("Password Instructions"). You will be solely responsible for any transactions which occur through your Account once we send the Password Instructions to your Registered E-mail ID.
the event that you are unable to access to your Account for any reason other than forgetting your password, please inform us at our Hotline No. 9595956495 & email us at deep phone firstname.lastname@example.org and make a request for blocking your Account. We will not be liable for any unauthorized transactions made through your Account prior to you making a request for blocking.
You may be required to provide additional information to allow us to verify your identity and/or your account information. We may also verify your information against third party databases or other sources and you authorize Deep Phone Diary to make such inquiries.
.You are responsible for keeping your Account information and password secure. If you share your Account credentials with another person, you are responsible for all activity they conduct using PD Pay Services, regardless of whether or not you authorized their activity. We will never ask you for your Account credentials.
The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and Deep Phone Diary reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. Deep Phone Diary reserves the right to discontinue services/ reject applications for PD PAY Services at any time if there are discrepancies in information and/or documentation provided by you.
.Any information provided to Deep Phone Diary with the intention of securing PD PAY Services shall vest with Deep Phone Diary, and may be used by Deep Phone Diary, for any purpose consistent with any applicable law or regulation, at its discretion.
Once you have successfully created an Account after completing the registration process in accordance with these T&Cs, you can start availing of our PD PAY Services.
Once you have successfully created an Account after completing the registration process in accordance with these T&Cs, you can start availing of our PD PAY Services.
Use of PD Pay Services
In order to access PD Pay Services, YOU/ Merchant is required to download Deep Phone Diary application , you may be required to provide information about yourself (such as identification, contact or payment details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to us will always be true, accurate, correct, complete and up to date. Any phone number used to register with our service needs to be registered in your name and you might be asked to provide supporting documents to prove the same.
PD Pay Services allows you to make a payment to Merchant via payment gateway internet enabled links and/or QR Codes for the products and services purchased by you or transfer funds to the savings or current bank account of the person, after completing the necessary formalities mentioned herein or otherwise mention by Deep Phone Diary time to time.
PD Pay Services also allows you to store your bank or credit account information with Deep Phone Diary for making the instant payment without re-entering that information or sharing it with third parties. PD Pay Services is encrypted and secure and your information is safe with us. PD Pay Services cannot be used to hold or store money and Deep Phone Diary does not hold or store any of your funds. Deep Phone Diary does not have control of, or liability for, any goods or services that you pay for using the PD Pay Services. Deep Phone Diary does not guarantee the identity of any Vendors, sellers, and does not guarantee that a transaction will be completed.
You may also choose to make the payment to Merchant through PD Pay Services, for the products and services purchased by you or Fund Transfer by using your valid credit / debit and/ or any other cards including e-wallets, online banking facility to make payment. You shall be bound to use your own credit / debit and/ or any other payment cards, online banking accounts to make payment via PD Pay Services. Deep Phone Diary shall not be liable and responsible for any credit/debit or any other card frauds, misuse of your card or any unauthorized payment transactions which has been processed by Bank / third party payment processor.
When you choose to make the payment or transfer funds to the savings or current bank account of the other person through PD Pay Services, you have to submit the complete bank details of the recipient of money such as Bank Account No, IFSC Code, and/or any additional information that is necessary to complete the transaction or RBI may prescribe time to time. If you would not submit the bank details of the recipient of money, we will not process your transactions or funds will not transfer to the bank account of the recipient.
When we receive payment instructions from you to pay a Merchant or to any Users or person, you authorize and order us to commit your payment to that Merchant or to another Users or Person. This authorization will remain in effect as long as you maintain an Account with us.
In the event that you are having any issues in goods or services which is including but not limited to cancellation, refund, pricing, warranty, guarantee or you are not satisfied with the goods or services provided to you by a Merchant for any reason, we recommend that you report the matter to the Merchant in question. Please note that Deep Phone Diary is an are intermediary and are not responsible for the goods or services provided by Merchants and cannot be involved in any disputes between a Merchant and User regarding the same.
You accept and acknowledge that payment processing is hosted by a third party payment processor and usage of such payment processing shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time.
.You agree and confirm to comply with the terms and conditions of the Merchant from whom you are taking the services/products and thereafter making the payment to them via PD Pay Services.
Deep Phone Diary facilitates payment solutions to the Users to make a payment to Merchant or Transfer Fund. In the case of commercial transactions Deep Phone Diary is acting as an intermediary, which enabling users to make a payment to Merchant through PD Pay Services. All commercial terms are offered by and agreed to between you and Sellers alone. Deep Phone Diary does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of any commercial terms between the User and Merchant.
In order to use the PD Pay Services, you must link you bank account/card details, to PD Pay Services. When you make a payment to Merchant or Transfer Fund using the PD Pay Services, you are authorizing us to initiate an electronic transfer from your linked bank account in the amount you specify. You are solely responsible for complying with any terms set by your bank with respect to your bank account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If you receive a payment from Merchant or Fund Transfer via PD Pay Services or are entitled to a reversal, refund, or other adjustment associated with a payment or Fund Transfer made by you using the PD Pay Services, you also authorize a credit to your linked bank account to complete that transaction.
If you make payment for a purchase using the PD Pay Services or using for Fund Transfer, fund will be transferred to Merchant/ Users instantly.
Deep Phone Diary does not provide any endorsements or guarantees for any individual or entity using the PD Pay, nor any third party offers, goods or services featured on our websites. Information regarding third party offers, goods, and services is provided on our websites for informational purposes only, and may not be true, accurate, or reliable.
Information provided by Deep Phone Diary or otherwise obtained from the Website will not be used for any unauthorized and unlawful purpose;
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Deep Phone Diary, unless you have been specifically allowed to do so in a separate agreement with us;
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);
You agree that you are solely responsible for (and that Deep Phone Diary has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Deep Phone Diary may suffer) of any such breach. PD PAY Services is not transferable.
Currently, we do not charge you to use the PD Pay Services. However, your mobile network operator may charge you to access the PD Pay and you are responsible for these charges.
Please note that in future PD Pay Services may be chargeable at the discretion of Deep Phone Diary, in the form and manner prescribed for such payment. Deep Phone Diary may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer.
8. YOUR INFORMATION
When you use the PD Pay Services, we will send your information (including, where applicable, your encrypted payment card details) from the PD Pay server to the third
party payment services provider.
By using PD Pay Services you agree to receive promotional SMS/Emails from Deep Phone Diary or its associates, agent or partners.
The Deep Phone Diary reserves the right to use your Information in order to contact you in the future in relation to marketing any other products or services offered by the Deep Phone Diary, any of its related group companies or participating merchants.
9. YOUR OBLIGATIONSPD
1.PD PAY Services availability is subject to the maintenance of an active mobile phone, internet connection with an associated telecom provider and Bank / Card Account. PD PAY Services availability is subject to the maintenance of a mobile phone handset and other application on which Services run and the Customer is solely responsible for all liability arising from the unavailability of Services due to a mobile handset or internet service provider not supporting any PD PAY Services channel or application.
2.You must ensure the availability of sufficient funds before executing any Transaction from your PD PAY Services.
3.You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of PD PAY Services. In case the Password is lost or misplaced, you shall promptly inform Deep Phone Diary by calling at the customer care numbers where after the Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/ SIM card associated with your PD PAY Services is lost/stolen/misplaced/ no longer in your control; you shall promptly inform Deep Phone Diary. Deep Phone Diary will upon receipt of such information block the relevant account.
4.You shall intimate Deep Phone Diary about change in your address, if any, in writing along with such proof of address as per the KYC documents.
5.You shall not use PD PAY Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, Deep Phone Diary policy or public policy or for any purpose that might negatively prejudice the goodwill of Deep Phone Diary.
6.You acknowledge and understand that PD PAY Services are linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/ theft / misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider, in respect of the Services.
7.Information submitted by you for availing PD PAY Services and/or information submitted while using PD PAY Services may be shared with third parties by Deep Phone Diary, inter alia, to facilitate the provision of PD PAY Services.
8.You shall ensure that the Services are not used for Transactions in foreign currency. PD PAY Services is issued & shall be valid only in India and shall be used at Merchant Establishments only in India.
9. Without limiting the foregoing, you agree that you will not use the Deep Phone Diary Site to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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; Infringes any patent, trademark, copyright or other proprietary rights; contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment; Advertises or offers to sell any goods or services for any commercial purpose; is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; Violates any law for the time being in force; Belongs to another person to which you do not have any right to; Interferes with or disrupts Deep Phone Diary's websites, servers, or networks; Impersonate any other person; Harm minors in any way; Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate your presence on its websites; Engage in any illegal activities; 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 the investigation of any offence or insults any other nation.
10.You shall not misuse, rent, lease, assign, or otherwise transfer the PD Pay services to any other Person. You may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from or included in the PD Pay services/System. All rights, title and interest to the PD Pay services are owned exclusively by Deep Phone Diary.
11.You will only use the PD Pay services for your own purposes and not on behalf of any other person or or entity.
12.You and all payments initiated by you will comply with all laws, rules, and regulations; and you will not use the PD Pay, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the functionality of the PD Pay services.
13.You will not breach these Terms or any other applicable terms or policies;
14.You will not engage in illegal or fraudulent activities. You will not engage in transactions involving illegal goods, including but not limited to counterfeit goods, stolen goods, illegal or controlled substances, and substances that pose a risk to consumer safety, counterfeit services, illegal gambling, and money laundering, purchase, sale, or exchange of Virtual Currency, or provide a Virtual Currency marketplace or exchange;
15.You will not attempt to receive or actually receive duplicate compensation for a disputed payment from the Merchant, Deep Phone Diary, and/or your bank; or
16.You will not engage in activity that indicates, in Deep Phone Diary's sole discretion, that there may be a high level of risk associated with you, or your Account activity. The use of any PD Pay that has connectivity to the Internet or any external network poses an increased risk, and you assumes all liability for such increased risks.
17.You will fully cooperate with Deep Phone Diary in complying with the laws.
18.You shall liable for data security breach and credit card information if you fail to protect the data and information. You shall protect your data.
19.You must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder and any other law for the time being in force, and shall not do, or omit to do, any act that will cause Deep Phone Diary to be in breach of any such applicable law. If you breach the terms of this agreement, you shall indemnify us against any costs claims and liabilities arising as a result of the breach.
20.You shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and shall not misuse communication device or computer resource of Deep Phone Diary, without its permissions, and further use the said devices for cheats by personation.
Deep Phone Diary shall process a refund, when a valid authorization and presentment was previously processed and the Users subsequently either cancelled the transaction or returns the goods, or wishes to refund the amount in cases of services not rendered, or to rectify any transaction processing error, or services/goods is not delivered within prescribed period of your completion of the transaction, then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page, containing the complete details of the said disputed transactions such as date, time, order/transaction numbers, account number etc.
For processing a refund, the users shall present a refund request to Deep Phone Diary along with all the required detail to identify the previously authorized and settled transaction and Deep Phone Diary shall process the refund within 5 (Five) working days from the date the refund request is received. The refund request must describe the failed / returned / rejected / cancelled transactions or merchandise were returned, services cancelled or adjustment made.
The funds have to be credited back to the same source from where these were received, and not by cash or any other mode. In case of any users’ complaint regarding non- refund for failed transactions and/or non-credit for successful transactions shall be dealt by the Bank. Any complaint about credit not being given to Users should be dealt with conclusively and bilaterally by the remitting and beneficiary banks as per its Policy.
Note: Deep Phone Diary is not responsible for any wrong purchase or recharge for an incorrect mobile number or DTH account number or fund transfers in an incorrect bank account or any unauthorised payment by users. You are sole responsible for the accuracy, authenticity of information pertaining to the goods/services or the payment credentials while using the PD Pay Services.
11. SECURITY AND UNAUTHORISED PAYMENTS
We give you the opportunity to choose a password to gain access to the PD Pay Services itself or to various features within the PD Pay Services. As long as the correct Password is entered (or if you elect not to use a Password), we will assume that you are the person giving instructions and making payments or fund transfer and you will be liable for them. You must therefore choose a secure Password that is not easily guessed by another person, keep the Password is secret and make sure that it is not stored in a way that enables others to access it or impersonate you. In addition, for the avoidance of doubt, if you disclose the Password to any person whom you authorise to access the PD Pay Services, you are also responsible and liable for any access, use, misuse or disclosure of your Password by such person.
If you become aware of a payment being made via the PD Pay Services that was not authorised by you or if you lose the device on which the PD Pay is installed, disclose your Password to a person unauthorised by you, or believe that someone else can use the PD Pay by impersonating you, you should inform us immediately and we will disable the payments feature of the PD Pay until you re-enter your payment card details in the PD Pay. Unless and until you provide such notice:
You will be responsible for any instruction which we receive and act on, even if it was not given by you; and
we will not be responsible for any unauthorised access to confidential information about you in the PD Pay.
We can refuse to act on any instruction including where we believe an instruction: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; (iv) if we believe the PD Pay is being used for an illegal purpose; or (v) may harm our reputation.
You agree to fully cooperate with us, affiliates, payment gateway service providers, Banks, merchants, regulatory authorities and the police where you or we suspect there have been Unauthorised Payments in respect of the PD Pay Services.
When you use the PD Pay Services, we are acting as an intermediary to assist you in concluding the purchase of goods or services from participating merchants or to make the payment successful to the recipient . When you purchase goods or services from participating merchants, the contract for the sale of those goods or services will be between you and the merchant.
You understand and agree that the Deep Phone Diary shall not be responsible for the outcome of your transactions with external merchants via the PD Pay Services. We do not have control, nor shall we be liable for, the legality of, or the use of, the goods and services that are paid for using the PD Pay Services.
Deep Phone Diary shall not be responsible for any fraudulent transaction by any person in any manner whatsoever.
Deep Phone Diary shall not be responsible for any chargeback, refunds or cancellation of products or services.
Deep Phone Diary will take adequate encryption and security measures to maintain the data secured generated and it shall maintain high standards in relation to providing secure services to you.
Deep Phone Diary is not responsible for any non-performance or breach of any contract entered into between you and Merchants. Deep Phone Diary cannot and does not guarantee that the concerned Merchants and/or You will perform any transaction concluded via PD Pay, Deep Phone Diary shall not and is not required to mediate or resolve any dispute or disagreement between Merchants and You.
Deep Phone Diary is only providing a platform for the purposes of transaction and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between you and Merchants. At no time shall Deep Phone Diary hold any right, title or interest over the products nor shall Deep Phone Diary have any obligations or liabilities in respect of any transaction between you and Merchants. Deep Phone Diary is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable etc.
It is the responsibility of you and the relevant Merchants, not us, to resolve any dispute or claim raised by you relating to any payments or fund transfer made via the PD Pay Services. We may, however, initiate a refund if (a) a payment made via the PD Pay Services is reversed by a court, regulatory authority or other third party acting in accordance with applicable law, (b) we, in our sole and absolute discretion, accept or have reason to believe that a payment was not authorized by you, or (c) a payment is allegedly unlawful, suspicious, or in breach of this Agreement. Where you have a dispute with Merchants, we will provide information we hold, which may assist resolution and otherwise attempt to assist you as far as we consider practicable. We may charge you an administration fee to cover our reasonable costs of providing any such assistance.
Deep Phone Diary is as an independent entity under the terms and conditions of this Agreement. Deep Phone Diary has no relationship with Merchant. You alone shall be responsible and neither Deep Phone Diary nor the Bank or anybody connected to Deep Phone Diary shall have any responsibility or liability. Deep Phone Diary is neither concerned nor required to monitor in any manner the use of the payment or fund transfer modes by you. You should be required to use the payment modes at their sole option and risks.
13.CONSENT TO COMMUNICATIONS AND TRANSACTION
By registering to use of PD Pay Services, you consent to conduct transactions and receive communications, notices and information from us electronically or otherwise, whether sent by e-mail or other means. Communications shall be deemed to have been received by you when we send the communication to the email address/mobile number that as per our records, or when we post the communication on Deep Phone Diary website. You can withdraw your consent at any time by contacting us, but we reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.
14. YOUR USE OF OUR INFORMATION
Except for Posted Information that you submit, all of the information available on or through the Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Deep Phone Diary's proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in the Website and the Services not expressly granted by us to you are retained by Deep Phone Diary.
15.TERMINATION/SUSPENSION OF SERVICE
We may suspend or terminate your access to the PD Pay Services without notice where it is reasonable for us to do so and specifically if: (i) for any reason we decide to discontinue to provide the PD Pay, (ii) we believe that you have breached any of the terms of this Agreement, (iii) your use of the PD Pay has been in any way improper or breaches the spirit of this Agreement, (iv) we reasonably believe use of the PD Pay may be at risk of fraud or misuse; (v) our information technology infrastructure has failed, is experiencing outages or requires maintenance; or (vi) ordered or recommended to do so by the security services, court or a relevant regulatory authority.
Deep Phone Diary reserves the right to suspend/discontinue PD PAY Services to you at any time, for any cause, including, but not limited, to the following-
For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in this document
For any suspected discrepancy in the particular(s), documentation or registration Form provided by you;
To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;
If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.
If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
If the mobile connection with which your PD PAY Services is related ceases to be operational or in your possession or control
If Deep Phone Diary believes, in its reasonable opinion, that cessation suspension is necessary.
THIRD PARTY INFORMATION ON THE WEBSITE
As some information appearing on the Website is provided to Deep Phone Diary by third parties, Deep Phone Diary will have no liability in respect of any loss or damage arising from third party information which appears on the Website, including the manner in which the information is displayed or information which may be: Out of date; Inaccurate; Duplication; Impersonation by a person to be another person.
All dealings and communication arising from Deep Phone Diary's facilitation of interaction between Merchant and users will be between the Merchant and users only and Deep Phone Diary is not responsible in any manner for any communication between the users and the Merchant, and has no liability in respect of such dealings whatsoever. Deep Phone Diary is not an agent for any of the Merchants listed on this Website and Deep Phone Diary has no responsibility for and no liability whatsoever in respect of the conduct of a Merchant or quality of service provided by a Merchant.
1. When you acquire goods, software or any other services from a Merchant Establishment through any of Deep Phone Diary's Services, you understand and agree that, Deep Phone Diary is not a party to the contract between you and the Merchant Establishment. Furthermore, Deep Phone Diary is under no obligation to monitor the Merchant Establishment’s service used by you; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that Deep Phone Diary shall not be responsible or liable for any deficiency in goods and/or services purchased using PD PAY Services. This exclusion of liability shall apply even for goods and/or services made available by Deep Phone Diary under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.
2.Any amount transferred erroneously by the Customer to
any Merchant Establishment shall not be refunded to the Customer by Deep Phone Diary in any circumstances.
3.In the event of any dispute, Deep Phone Diary records shall be binding as the conclusive evidence of the Transactions carried out through use of PD PAY Services.
4. Deep Phone Diary shall send all customer communications by SMS and/or email/link and the SMS/link/email shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator
5.You agree to receive all commercial message including transactional messages from Deep Phone Diary.
1.WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE PLATFORM/NETWORK AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
2.THE PD PAY SERVICES IS PROVIDED "AS IS" "WHERE IS", "WITH ALL FAULTS" BASIS. WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SATISFACTORY QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICE OFFERED THROUGH THE PD PAY.
3.WE MAKE NO WARRANTY THAT THE OPERATION OF THE PD PAY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS ,OR REPRESENT THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS THEREIN.
19. LIMITATION OF LIABILITY:
1. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER DEEP PHONE DIARY, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
2.TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100.
20.INDEMNITY: You agree to indemnify, defend and hold Deep Phone Diary and/or related parties harmless from any and all claims, losses, damages, and liabilities, penalty, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to your use or misuse of the PD PAY Services, any breach of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you.
21.COMPLIANCE WITH LAW: Deep Phone Diary shall comply with the laws as applicable for the time being in force.
22. CONFIDENTIALITY: You specifically agree that in order to facilitate the provision of PD PAY Services, Deep Phone Diary may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.
23. INTELLECTUAL PROPERTY RIGHTS: The Deep Phone Diary hereby grants you the non-exclusive, non-transferable right to use our PD Pay services in accordance with this Agreement. We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights ("IP Rights"), in and to the website, the Usage Data or PD Pay services. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the PD Pay to create a competing product. You hereby acknowledge that by using the PD Pay services, you obtain no rights in the software, trademarks or content related to the PD Pay and you may only use the same in accordance with this Agreement. Unauthorized use is strictly prohibited. All rights are expressly reserved to Deep Phone Diary.
24. SYSTEM COMPLAINTS AND DISPUTE RESOLUTION: For Redressal of disputes/complaints you can email to us at deep phone email@example.com, with brief details of your complaint or call on our hotline No. 9595956495. Our customer service staff will acknowledge and redress your complaint on best effort basis.
25.ARBITRATION: Any dispute or difference which may arise at any time between the parties, as to the construction, meaning or effect of, or, as to any clause, matter or things contained herein, or as to the rights or liabilities of the parties under this Agreement, shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed, at the sole discretion, by Deep Phone Diary. Arbitration shall be held at Delhi, India. The proceeding of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The parties irrevocably agree that the Agreement shall be governed by and construed in accordance with the laws of India and the courts of Delhi, India, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement and waive any objection to such personal jurisdiction based on forums non-convenience or any other basis.
26.FORCE MAJEURE: Deep Phone Diary shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by technical issue, server malfunction, war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of Deep Phone Diary, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.
1.We reserve the right to modify or terminate the PD Pay Services at any time, without notice, and we will not be liable to you as a result of any such action.
2.Deep Phone Diary shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.
3.This Agreement constitute the entire Agreement between Merchant and the Deep Phone Diary pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the parties.
4.The Parties to this Agreement are independent contractors and nothing in this Agreement shall make them joint ventures, partners, employees, agents, associates, affiliates or other representatives of the other party hereto.
5. To the maximum extent permitted by law, you waive, release, discharge and hold harmless Deep Phone Diary, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform/ PD PAY Services.
6. If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and in full force and effect.
7. No variation or amendment to this Agreement shall bind either party unless made in writing and signed by the duly authorized persons/officers of both the parties
8.In this Agreement and unless otherwise stated, "we", "us" or "our" refers collectively to the Deep Phone Diary and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
Terms Of Service For Advertiser
The Services (defined hereinafter) of ‘Deep Phone Diary’ is provided by Deep Phone Diary Limited, a company incorporated under the Companies Act, 1956 and having its registered office at Building F-79-F-2,F/F DILSHAD COLONY SHAHDARA DELHI-110095. (“Deep Phone Diary”). Deep Phone Diary carries on the business of providing information about Vendors (defined hereinafter) of various products and services (“Information”) in selected towns and cities in India (“Service”) to end users. Deep Phone Diary Provides Users (defined below) with its search service with information and user reviews for Deep Phone Diary database of local business, products and services across India. Deep Phone Diary search service is available to users through multiple platform viz. Internet, mobile internet, telephone (voice, text & SMS). Deep Phone Diary is merely a medium which connects general public with vendor’s goods and services (“Vendors”) listed on Deep Phone Diary however at the same time it does not intend to guarantee any business to such Vendors. The Vendor details are specified at Page 1 of the contract, Vendors are hereinafter referred to as (“Advertiser”). Deep Phone Diary’s objective is to provide a quicker guide for up-to-date Information in a user friendly manner and via a medium that the end user is comfortable with. The end users of the Service are persons who may want to purchase goods / avail services and are seeking information about the Vendors of such goods and services (“Users”). These Terms (defined below) read with the contract form (“Contract Form”) and the invoice mentioned in Clause 11 constitute the entire understanding and (“Contract”) between Deep Phone Diary & the Advertiser .
1.Contract means this Contract together with all Schedules and Annexures (if any);
2.References to a party hereunder shall include such party’s successors, permitted assigns and any persons deriving title under it;
3.The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such Clauses.
4.The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Contract to such person or persons unless the context otherwise
5.Any grammatical form of a defined term herein shall have the same meaning as that of such term; and The words “including” and “includes” herein shall always mean “including, without limitation” and “includes, without limitation”, respectively.
Advertisers may be business houses, small medium enterprises, corporate entities, semi-corporate entities, establishments or individuals, who subscribe to the Service in order to list their company or business. Deep Phone Diary will provide only the Information about the Advertiser to the Users in the manner provided for in these Terms. Advertiser agrees and acknowledges that Deep Phone Diary does not guarantee any business to the Advertiser and is merely a medium through which information is made available to the general public.
4) GENERAL TERMS :
1.These Terms of Service, including any Annexures hereto, (“Terms”) along with the Contract Form set forth the terms and conditions under which the Advertiser may be identified as a Vendor to the Users. The Contract shall come into effect upon the Advertiser or any authorized agent of the Advertiser signing and delivering the Contract to Deep Phone Diary and upon the realization of consideration. (“Effective Date”). The Contract will override any previous understanding (whether written or oral) between the Advertiser and Deep Phone Diary on the subject matter hereof. By agreeing to the terms of the Contract, the Advertiser shall be deemed to have consented unconditionally to all such addendums and amendments to the Contract without requirement of any specific notice or signature thereto. The Advertiser acknowledges and agrees that in case of conflict between this Contract and the terms and conditions (“Terms of Service”) contained on the Website, the Terms of Service as updated in website shall prevail. Deep Phone Diary is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to the Advertiser. It shall be the sole responsibility of the Advertiser to visit the Website and update himself / herself of the changes to the Terms of Service. Any changes to or amendment to these Terms or the Terms of Service will be deemed to take effect from the Effective Date and will be binding on the Advertiser.
2.It is clarified that, irrespective of whether the Advertiser has registered or not registered their entity/ firm’s contact numbers in the “Do Not Call” registry of Telecom Regulatory Authority of India (TRAI), or any other statutory body, upon the signing and acceptance of the Contract, the Advertiser would be deemed to have given their consent and authorized Deep Phone Diary to share the Advertiser’s details and contact numbers for business and promotional purpose with Users of the Service. Further the Advertiser, by signing and accepting the terms of the Contract, has given his consent to Deep Phone Diary to contact him for any business promotion of Deep Phone Diary. The Advertiser confirms that Deep Phone Diary shall be at liberty to carry out all the obligations undertaken under the Contract. The Advertiser also undertakes to take all such measures as may be necessary to ensure that the Users do not encounter any difficulty in contacting the Advertiser. In the event the Users are unable to contact the Advertiser it would not be deemed to any deficiency in the Services rendered by Deep Phone Diary. The Advertiser undertakes to comply with all the present and future TRAI regulations or regulations of any other regulatory bodies on subject matter covered under this clause and would ensure that User or Deep Phone Diary will not face any difficulty in contacting the advertisers or for the purposes of entering into this Contract.
5.INFORMATION DISSEMINATION :
Deep Phone Diary currently disseminates Information to the Users through different platforms, viz., telephone, internet, WAP (Wireless Access Protocol) and Wireless (SMS short code) SMS and Whatsapp. Deep Phone Diary may, at its discretion cease providing Information over any of the above platforms or provide Information over other platforms or modify the manner in which Information is provided over any of the existing platforms, as it may deem fit, from time to time.
6.ADVERTISER LISTINGS :
This refers to the various kinds of Advertising listings that can be selected by the Advertiser. Deep Phone Diary provides the following kinds of Advertising listings (“Listings”): (i) Diamond Listing,(Premium Position) (ii)Gold Listing, (Premium Position) (iii) Silver Listing. (Normal Position) (iv) SMS Promotion. (v)Other promotions as may be specified. (vi) The Advertiser agrees that it shall list itself under the Listing which is mentioned in Clause 6 of the Contract. (vii) Deep Phone Diary reserves the right to change the aforesaid Advertising Listing options by adding new listings or deleting the existing listings or adding, deleting, modifying or merging any categories or keywords. In the event the listing applied for in the Contract Form is no longer available, Deep Phone Diary shall endeavor to allot similar Listing to the Advertiser. The final decision making power with regard to Listing shall however vest in Deep Phone Diary and such decision shall be final and binding on the Advertiser.
6A) VFL (Verified Listing) Package :
The terms as mentioned under Clause 6A shall only be applicable to VFL Package:
Notwithstanding anything contained hereinabove, all other clauses specified under “Terms of Service for Advertiser” shall remain applicable in full force to the Advertiser who has obtained services under VFL from Deep Phone Diary.“
The Advertiser agrees to pay a non-refundable Listing Fee for the Services, which will be determined by Deep Phone Diary at the time of entering into this contract. The (“Listing Fee”) shall be paid by the Advertiser in advance simultaneously with the signing of the Contract.
1. Deep Phone Diary allows the Advertiser to make the remaining payments for the Services, after payment of the Service Fee, i.e., the Total Fee excluding Service Fee (“Subscription Fee”) by way any of the following modes: (i) Cheque; (ii) Demand Draft; (iii)RTGS (Real Time Gross Settlement); (iv) CCSI (Credit Card Standing Instruction) (v) NACH (National Automated Clearing House (Credit Card Standing Instruction) (vi) NACH (National Automated Clearing House)
2.It is hereby clarified that Deep Phone Diary does not encourage/prefer that payments be made in cash. Any cash payments made by the Advertiser pursuant to a contract with Deep Phone Diary, shall be at the sole risk of the Advertiser, without any recourse to Deep Phone Diary.
3. Deep Phone Diary shall make best efforts to activate the contract within 14 (Fourteen) working days from the date of receipt of the Service Fee into its bank account, for the respective Listing (subject to delay due to technical malfunctions). However Deep Phone Diary will not be liable in any manner for any delay in activating the Advertiser.
4.The Advertiser hereby agrees that it shall make the payment via such mode which is mentioned on the Clause 8 of these Terms. Any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. The Advertiser shall also be liable to pay interest @18 % per annum during that Period.
9) CONSEQUENCES OF NON-PAYMENT OF SERVICE FEE / ECS AMOUNT:
If an advertiser opt the lump sum payment mode while entering into the contract then the tenure of the contract will be equivalent to the amount paid by the advertiser.
10) LUMP SUM PAYMENT MODE: In the event the Advertiser fails to make any payment, including the Service Fee , in time and as per the payment plan chosen by him, Deep Phone Diary may, in its sole discretion, suspend the Advertiser’s Listing or access to the Service, as the case may be, until necessary payments are made by the Advertiser. Further, the Advertiser agrees and acknowledges that the Advertiser shall be deemed to have waived his rights to the Service and the Advertiser’s listing for the period during which the Service and the Listing is suspended for non-payment. The right of Deep Phone Diary to suspend the Service and the Listing shall be without prejudice to Deep Phone Diary’s right to terminate the Contract for any material breach committed by the Advertiser. Advertiser hereby acknowledges that the opted position/listing will be released to other advertisers in the event of without any notice/intimation from Deep Phone Diary.
11) ISSUANCE OF INVOICE:
1.On receipt of the Service Fee and activation of the Listing thereafter, Deep Phone Diary will issue an invoice to the Advertiser containing, interalia, the following details: (i) The Total Fee including the fees paid and payable as on the date of the invoice; (ii) The Listing allotted to the Advertiser; and (iii) Description of the products and services of the Advertiser.
2.It is hereby clarified that in the event of a conflict between the information relating to Sub-clauses (I), (ii) and (iii) above, as contained in these Terms and in the Invoice, the provisions of the invoice shall prevail. Invoice is valid subject to realization of payment.
12) PRIORITY OF INFORMATION ABOUT ADVERTISERS:
For Deep Phone Diary, providing Information that is relevant to the User is a priority. The User has to identify the location and category in respect of which he is seeking Information and Deep Phone Diary will provide such Information (subject to availability of such information) based on such choice. Amongst the Vendors who fall within the parameters identified by the User, Information about Vendors registered with Deep Phone Diary, that is, the Advertisers is first provided on best effort basis, subject to delays due to any technical malfunction. Priority among Advertisers i.e., determined on the basis of the listing selected by the Advertiser and on the basis of Total Fee to be paid by the Advertiser. Nothing contained in the Contract shall be deemed to restrict or prevent Deep Phone Diary from providing Users with Information about other Vendors whether in priority to the Advertisers or otherwise, as Deep Phone Diary may in its sole discretion determine. The Advertiser acknowledges that Deep Phone Diary will merely convey the Information to the Users on demand and does not guarantee that any of such User requests will result in business prospects for the Advertiser.
13) NO GUARANTEE OF BUSINESS:
Deep Phone Diary does not guarantee that enquiries/leads will be generated by it for the Advertiser or that any of such enquiries/leads will be converted into business for the Advertiser.
14) NO MARKETING:
Deep Phone Diary is not obliged and does not market the offerings of Advertiser and shall not be obliged to recommend Advertiser to the Users. Deep Phone Diary’s obligation under the Contract is limited to the obligations explicitly set out herein and in no event does Deep Phone Diary undertake to generate or guarantee Enquiries or business to the Advertiser.
Advertiser shall indemnify and hold harmless Deep Phone Diary, its affiliates, directors, officers, agents and employees from loss, or damage including attorney’s fee, arising from any claim asserted by any third party including any User due to or arising out of any action or inaction of Advertiser, its employees or agents, including but not limited to, intellectual property claims, any claims pertaining to incorrect or false information about the Advertiser that was provided to Deep Phone Diary and any claims including but not limited to the quality or usefulness of the products or services of the Advertiser.
16) CONFIDENTIALITY AND RELATED OBLIGATIONS:
The Advertiser shall keep any information regarding the Users of the Service (“User Information”) confidential both, during the subsistence of this Contract and after its termination. The Advertiser shall not, without the prior written consent of Deep Phone Diary, transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Advertiser is specifically prohibited from using the User Information for purposes of seeking any commercial gain out of said User Information. In the event Deep Phone Diary is made aware of any such practice of the Advertiser in violation of the terms of this Contract, Deep Phone Diary shall be entitled to terminate the Contract as well as initiate such legal proceedings against the Advertiser, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable.
(a) Advertiser represents and warrants that (i) it is a bona fide business organization carrying on business in relation to the items disclosed to Deep Phone Diary; (ii) it has the rights to use the trademarks; (iii) the business carried on by Advertiser does not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by it; and (iv) all information provided about itself (Advertiser) to Deep Phone Diary, is and shall at all times be accurate, valid and complete; (v) it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the Advertiser to Deep Phone Diary) to Deep Phone Diary.(vi) Advertiser shall not have right to terminate the contract upto 9 months from the date of activation of the contract. (b) Additional Covenants (i) The Advertiser acknowledges and accepts that any grievance as to the Services will be entertained only as long as the Contract remains in force and that Deep Phone Diary will not entertain such grievances post-expiry or termination of the Contract; (ii) Advertiser accepts that it is responsible to cross verify and ensure filling up of all the Advertiser details including but not limited to the contact information, information pertaining to its products/services provided by the Advertiser and keep Deep Phone Diary updated in this regard. Further the advertiser shall ensure that contract Form will be free from any handwritten notes or overwriting. In the event the relevant information form is not filled completely or accurately, the Advertiser would, by default, be bound by the explanation or description of the product/service or any other details of the Advertiser communicated by Deep Phone Diary to the Users or any other third party; (iii) Advertiser hereby agrees to keep proper receipts, invoices and details for the transactions entered into by it (Advertiser) and the User; (iv) The Advertiser undertakes to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity proofs such as ration card, adhar card, pan card, passport, voter id card and residential proofs such as electricity bill, telephone bill, bank passbook etc, as required by it (Advertiser) to run the business. The Advertiser acknowledges that any breach of the covenants set forth herein may cause delay in activation, non-activation or termination of the Contract by Deep Phone Diary, at its sole discretion. Advertiser further acknowledges that Advertiser shall not be entitled for any refund, compensation, damages, expenses, interest arising of out of business loss, claims, actions, inconvenience suffered by Advertiser from delay in activation of services , non-activation of services or termination of the contract due to their (Advertiser’s) fault of not providing documents, delay in providing the relevant documents or providing incomplete documents to Deep Phone Diary. It is further acknowledged by an Advertiser that Deep Phone Diary will be at no obligation to follow up with Advertiser for the documents as mentioned herein and it will be Advertiser’s sole responsibility including but not limited to share all the relevant documents confirming their identity, address and business registration details with Deep Phone Diary. (v) Advertiser hereby agrees and undertakes that during the term of this Agreement and after its termination of this Agreement (for any reason), it will not directly or indirectly forward leads/enquiries to any third party, mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert or take away any of Deep Phone Diary’s enquiries/leads. Any such conduct by Advertiser will lead to a termination of the contract and Deep Phone Diary at its discretion proceedings against advertiser before appropriate forum. (vi) Advertiser hereby agrees and confirms that during the term of this Agreement and after its termination (for any reason), Advertiser will not directly or indirectly either for itself or for any other commercial enterprise, solicit, divert, hire or attempt to solicit, divert or usurp, any of Deep Phone Diary’s employees, business or prospective users/callers. Advertiser shall not advertise or perform any solicitation, including but not limited to solicitation of users to use the services of Advertiser directly or promoting its services by any means whereby user are motivated to not to use the Deep Phone Diary website/services or to use the Advertiser website/services directly. Any conduct by Advertiser that in Deep Phone Diary’s discretion restricts or inhibits any other user/customer from using or enjoying the Deep Phone Diary services will not be permitted. During the term of this Agreement and for 5 (five) years after any termination of this Agreement, Advertiser will not directly or indirectly, in any capacity:- (a) solicit any users of Deep Phone Diary by means of providing discounts, gift coupons etc in the event users uses the website of Advertiser directly. (b) divert, entice, or otherwise take away from Deep Phone Diary the business of any user/customer, or attempt to do so, or (c) solicit or induce any user/customer to divert or reduce its relationship with the Deep Phone Diary.
18) DISCLAIMER AND LIMITATION OF LIABILITY:
To the fullest extent permitted by law, Deep Phone Diary disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, Deep Phone Diary disclaims all guarantees regarding accurate Listing of the Advertiser. Advertiser understands that there may be errors in such positioning. Neither Deep Phone Diary nor the Advertiser will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for Advertiser’s indemnification obligation. Deep Phone Diary’s aggregate liability to the Advertiser is limited to amounts paid to Deep Phone Diary by Advertiser during the 12 (twelve) months immediately preceding the date of the claim. Deep Phone Diary is also not liable for any claim owing to any misrepresentation of the information pertaining to the Advertiser so long as the information exhibited/ communicated by Deep Phone Diary conforms to the Information made available by the Advertiser or its authorized representative.
19) ADDITIONAL DISCLAIMER
1.Advertiser confirms that it will be solely responsible and liable for all matters between User and the Advertiser , including but not limited to transactions entered into between such User and the Advertiser. Further, it is hereby declared that Deep Phone Diary does not verify the identity of the User of the Service and that the information provided to Advertisers is the information received from the User and will not be independently verified by Deep Phone Diary.
2.In the event of receipt of multiple complaints from the Users regarding the Advertiser or Advertiser’s product/service, Deep Phone Diary reserves the right to discontinue the provision of Service to the Advertiser or take any other action as deemed appropriate. Notwithstanding anything to the contrary contained in this Contract, Deep Phone Diary may also forfeit the amount lying to the credit of such Advertiser and terminate the Contract at its sole discretion.
3.Advertiser also agrees that at no time shall Deep Phone Diary vouch for or guarantee the performance of services or delivery of products by the Advertiser and Deep Phone Diary will not be liable for any non-payment of amounts due to the Advertiser by any User.
1. The Advertiser may only terminate the Contract, by giving 3 (three) months written notice (either by email or through registered post), prior to the automatic renewal of the same, stating his intentions of discontinuing the Services.
2.Deep Phone Diary reserves the right to terminate the Contract at any time, either with or without cause. If the Advertiser commits a breach of a material duty owed to Deep Phone Diary, Deep Phone Diary may, at its discretion, call upon the Advertiser to rectify the breach within 21 (twenty one) days of the receipt of notice, failing which Deep Phone Diary may terminate the relationship between Advertiser and Deep Phone Diary.
3.Upon termination of the Contract, Deep Phone Diary will not be bound to delist the Advertiser as a Vendor and cease disseminating Information of the Advertiser to the Users. However upon termination, Deep Phone Diary shall have the right to delist the Advertiser without prior intimation thereof to the Advertiser.
4.In case of technical difficulties in continuing the contract, Deep Phone Diary reserves the right to terminate the contract by giving written/oral intimation to the advertiser.
5. Upon termination of the Contract, either by efflux of time or by determination under this Contract, the balance of the deposit placed by the Advertiser with Deep Phone Diary, if any, (after deducting payments for the period/tenure for which Services have already been provided by Deep Phone Diary) shall be retained by Deep Phone Diary. Under no circumstances, shall the Advertiser be entitled to claim a refund of amounts already paid to Deep Phone Diary.
Notices shall be sent by email or facsimile to the facsimile number/ email addressed notified by Deep Phone Diary/Advertiser from time to time in writing and shall be followed by notice by registered post and dispatched through a reputed courier. Any notice refused by an Advertiser would be deemed to have been legally delivered and Advertiser will be deemed to have notice of the contents of such notice.
22) MODIFICATIONS TO TERMS OF SERVICE:
Deep Phone Diary reserves the right to change the terms of the Contract or the Terms of Service at any time without any prior notice to the Advertiser. Changes to the terms of the Contract or the Terms of Service shall come into effect upon from the time it is put up on the Website or by any other mode of communication as may be determined by Deep Phone Diary. For Terms of Service with Advertiser visit http://www.deep phone diary.in/Terms-of-Use.
Deep Phone Diary is entitled to charge the Advertiser for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services and Listing fees (including bids arising out of Advertiser's relationship with Deep Phone Diary) and Advertiser hereby agrees to pay the said taxes and charges promptly without raising any objections. Advertiser also agrees that in the event the said taxes and charges are not charged by Deep Phone Diary the same shall be paid by the Advertiser directly to the authorities concerned without raising any objection. The Advertiser further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the Advertiser for the Listing and Services rendered by Deep Phone Diary. i) All TDS deductions, form no. 16A should be sent at deep phone firstname.lastname@example.org ii) Advertisers fall in category of Advertisement Services under section 194C of Income Tax Act, wherein maximum TDS rate is mentioned as 2%. iii) Service Tax is levied as per existing government policy. iv) Pursuant to Income Tax circular No 1/2014 dated 13-01-2014 TDS should not be deducted on service tax.
1.Deep Phone Diary's interpretation of the Contract shall be final and binding on Advertiser.
2.Advertiser agrees that no joint venture, partnership, employment, or agency exists between Advertiser and Deep Phone Diary and that the Advertiser is not entitled to bind Deep Phone Diary by its actions.
3.Deep Phone Diary is subject to existing laws and legal process and nothing contained in the Contract is in derogation of Deep Phone Diary's right and obligation to comply with the law.
4.If any clause or part thereof of the Contract is held to be invalid or unenforceable then the invalid or unenforceable clause/ provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid and enforceable and the remainder of the Contract shall continue in effect. Such revision to the Contract will be deemed to have been in effect from the Effective Date.
5.Advertiser may not assign any rights or obligations against Deep Phone Diary without Deep Phone Diary's prior written consent. Deep Phone Diary reserves the right to transfer any right or obligation against Advertiser by issuance of notice of such assignment to the Advertiser. Upon such assignment, the assignee shall be bound by the Contract in the same manner as Deep Phone Diary and Deep Phone Diary shall cease to have any liability to Advertiser. However, the Parties agree that Deep Phone Diary has an unfettered right to assign the Contract and the Advertiser is only entitled to a notice of such assignment. The Parties further agree that assignment of the Contract by Deep Phone Diary will not be subject to Advertiser’s consent.
6.Deep Phone Diary shall not be responsible for any delay or deficiency due to any force majeure events such natural disasters, acts of terrorism, civil labor strife, labor and transportation strikes. During a force majeure event, the obligations of Deep Phone Diary under the Contract will stand suspended.
7.Nothing in the Contract obliges or will be deemed to oblige Deep Phone Diary to provide any credit to the
8.Advertisers agrees that Deep Phone Diary reserves its right to present the payment mandates i.e. CCSI / NACH any number of times to receive its just dues / payments for the services rendered under this terms of service.
All disputes, differences and/or claims arising out of the Contract shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any statutory amendment thereof. The dispute shall be referred to a single arbitrator who shall be appointed by the authorized representative/ Director of Deep Phone Diary. The Advertiser shall not challenge the nomination of Arbitrator or his award on the ground that the nomination is made by authorized representative/ Director of Deep Phone Diary. The arbitration proceedings shall be held at Delhi and the arbitration shall be conducted in English Language. The award of the Arbitration shall be final and binding on the Advertiser and Deep Phone Diary. The arbitrator will pass a written and reasoned award and will be entitled to award cost of the proceeding .
26) ENTIRE CONTRACT:
These Terms, including any Annexures, along with the Contract Form hereto forms a single Contract between the Parties hereto and constitute the entire understanding between the Parties with regard to the subject matter hereof and supersede any other Contract between the Parties relating to the subject matter hereof.
27) AMENDMENTS AND WAIVERS:
No waiver by any Party of any term or condition of the Contract, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of the Contract on any future occasion.
The contract is executed in duplicate and the advertiser has retained a carbon copy of this contract, both copies constitute one and the same contract.
deep phone diary Messenger
1.Services: deep phone diary Messenger is one of the features of PD App which enables users to Chat, Group Chat, make Voice calls, share photos, documents, Voice Tags, etc . You can also use this feature as business messenger where you communicate with businesses/SME listed with Deep Phone Diary without revealing your phone numbers and also search the service provider and transact by using it, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing etc.
2.Registration: You must register for our Services using accurate data or information, provide your current mobile phone number, and, if you change it, re-verify your mobile phone number using OTP. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services. All information provided about you are and shall at all times be accurate, valid and complete and you shall be solely responsible and liable for the information provided by you.
3. Address Book: You provide us the phone numbers of your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.
4.Age: By accepting these Terms, you must be at least 18 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval. If you are under the age of 18 years but at least 13 years of age you may use this Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
5. Devices: You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
6. Fees: You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required
7.Availability of Our Services: Our Services may be interrupted (for maintenance, repairs, upgrades, or network or equipment failures). We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as force majeure events.
8.Termination: We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter & spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with us: Licenses, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Availability and Termination of our Services.
9. No Access to Emergency Services: There are important differences between deep phone diary Messenger and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.
10.Acceptable Use of Our Services
1.You must use our Services according to our Terms and policies. If we disable your account for a violation of our Terms, you will not create another account without our permission. You must access and use our Services only for legal, authorized, and acceptable purposes.
2.You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of deep phone diary Messenger , our users, or others, including privacy, intellectual property, or other proprietary rights; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, 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, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us. (g) infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force; (H) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) 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 offence or prevents investigation of any offence or is insulting any other nation; (J) promotes any illegal or prohibited activity,
3.You 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 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: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
11.Third-Party Services: Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, interact with a share button on a third party’s website that enables you to send information to your contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
1.You are responsible for keeping your device and your deep phone diary account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
2.We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.
3.We shall not be responsible for any harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, infringing, misleading, impersonating or unlawful Chat, Group Chat, Voice calls, photos, documents, Voice Tags, Videos etc., uploaded, published, transmitted, updated, forwarded or shared by you.
13 Ownership Of Data:
1.We do not claim ownership of the data or information that you submit for your account or while using our Services. You must have the necessary rights to such information that you submit for your account or our Services. You agree that we may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of us and/or its affiliates.
2.In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sub licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our services.
14. Our Rights
1.We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written consent.
2.We grant you a limited, revocable, non-exclusive, non-sub-licensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
15.Reporting IPR Infringement: To report claims of third-party copyright, trademark, or other intellectual property right infringement, please visit our Intellectual Property Policy. We may terminate your account if you repeatedly infringe the intellectual property rights of others.
1.You use our services at your own risk. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. 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, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have under any applicable statute or law of any other jurisdiction.
2.Please note we do not examine whether the any provider of goods or services is good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. We have also not negotiated or discussed any terms of engagement with any of the provider of goods or services. The same should be done by you. Purchasing of goods or availing of services from provider shall be at your own risk. We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material, goods or services displayed in the search results in the Platforms .
18.Limitation of liability:
We (deep phone diary Messenger) & our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if it has been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the greater of One Hundred (100) Rupees. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable .
You agree to defend, indemnify, and hold harmless the us & our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any claim.
20. Dispute Resolution:
In the event a dispute arises between the parties under this Agreement, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 (thirty) days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Delhi. The arbitration shall be conducted by a sole arbitrator to be appointed by deep phone diary at its sole discretion. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.
21. Governing Law:
This Agreement shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Delhi, India.
22. No Class Actions Suit:
We and you each agree that if you are a deep phone diary user located in India or aboard, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, oany class of people. We and you each agree not to participate in a class action suit, a class-wide arbitration Disputes brought in a private attorney or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.
23. GENERAL PROVISIONS:
1.Unless a mutually executed agreement between you and us states otherwise, our Term make up the entire agreement between you and us regarding deep phone diary Services, and supersede any prior agreements. We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
2.Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
3.You will comply with all applicable law of the respective jurisdictions. You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Laws; (b) to anyone government or non-government restricted parties; or (c) for any purpose prohibited by Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, or for any purpose prohibited by Laws, and you will not mask your location through IP proxying or other methods.
4. Any amendment to or waiver of our Terms requires our Terms requires Our express consent .
5. We are entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to You. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.
6.All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
6.All Of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
7. You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
8.Nothing in our Terms will prevent us from complying with the law.
9. If We fail to enforce any of our Terms, it will not be considered a waiver. If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
10.We always appreciate your feedback or other always appreciate your feedback or other suggestions about our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.