Privacy Policy & Information Usage
We respect your privacy at Dynode Software Technology(DST) and value your trust. Kindly read our Privacy Policy carefully for
information related to our collection, use, and disclosure of your personal information. The Privacy Policy is incorporated by reference in
this Agreement. Use of the DST website, WAP site and applications and/ or its services constitutes acceptance of the Privacy Policy. For more
information check our detailedPrivacy Policy.
Account Passwords and Registration
You agree that the information You provide to DST on registration and at all other times, including payment, will be true, accurate,
current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason
to believe that Your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, PIN,
Password, or any credit, debit or prepaid cash card number or netbanking login/password, if applicable), then You agree to immediately notify DST
and identify DST from any liabilities that may arise from the misuse of Your Account.
Usernames and Password
Your username that will identify your account and thereby all of your transactions and account related activity on DST. Each user can choose
a unique nickname which cannot be edited later. You cannot use any special characters like @ or %. If an account is found to be overly inactive, the
account may be reclaimed by DST ...
. . . without notice. Inactivity may be considered as you not signing in and/or never having done a transaction from your account on DST for more than six months at a stretch.
We encourage you to choose a strong password to protect your account. We recommend the use of
upper and lower-case letters, inclusion of one or more numerical digits and/or inclusion of special characters, e.g. @, #, $ etc. It is advised that
you not share your password with anyone or write it down. Make sure you sign out before leaving a computer unattended. DST never, under any
circumstances, asks for your account password.
Third Party Sites, Products and Services; Links
The Services and/or the Site may include links or references to other web sites or services solely as a convenience to users (“Reference Sites”). DST does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services and/or the Site are solely between You and such entity. Access and use of reference sites, including the information, materials, products, and services on or available through reference sites is solely at your own risk.
Billing and Payment
DST may in future provide a detailed billing summary in the format of its choice,...
. . . which may change from time to time. This summary may be found by logging into your account (if you have registered and created an account) on the Site. All charges will be automatically placed to your credit card, debit card, prepaid cash card, paypal or netbanking account for the amount of product successfully purchased at the time of purchase. No additional notice or consent will be required for charging Service use to your credit card, debit card, prepaid cash card, netbanking account or paypal account. The merchant name “DST” will appear on your credit card statement for purchase of product or any additional paid Services you may use from DST.
All Sales are Final; Refund Policy
All sales of product are final with no refund or exchange permitted. You are responsible for your
purchase product for and all charges that result from those purchases. DST is not responsible for any purchase of product for an incorrect mobile number
or DTH account number. However, if in a transaction performed by you on the Site, money has been charged to your card or bank account and service is
not delivered within 48 hours 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. Please include in the email the following details – the mobile number, product or services name Transaction date
and Order Number.
DST shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery
of any services then you will be refunded the money within 21 working days from the date of receipt of your email.
Termination; Agreement Violations
You
agree that DST, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or
Your use of the Services and remove and discard all or any part of Your account, Your user profile, or Your recipient profile, at any time.
DST may also in its sole discretion and at any time discontinue providing access to the Services, or
any part thereof, with or without notice. You agree that any termination of Your access to the Services or any account You may have or portion
thereof may be effected without prior notice, and You agree that DST will not be liable to You or any third party for any such termination.
Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies DST may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Services.
Limitation of Liability and Damages
In no event will DST or its contractors, agents, licensors, partners, or suppliers be liable to you for any
special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without
limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or
non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii)
the services, the site or any reference site, or (iii) your use or inability to use the services, the site
(including any and all materials) or any reference sites, even if DST
. . . or a DST authorized representative has
been advised of the possibility of such damages. In no event will DST or any of its contractors, directors,
employees, agents, third party partners, licensors or suppliers’ total liability to You for all damages,
liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services,
(iii) Your use or inability to use the Services or the Site (including any and all Materials) or any Reference
Sites, or (iv) any other interactions with DST, however caused and whether arising in contract, tort including
negligence, warranty or otherwise, exceed the amount paid by You, if any, for using the portion of the Services
or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less.
You
acknowledge and agree that DST has offered its products and services, set its prices, and entered into this
agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the
warranty disclaimers and the limitations of liability set forth here in reflect a reasonable and fair
allocation of risk between you and DST, and that the warranty disclaimers and the limitations of liability set
forth herein form an essential basis of the bargain between you and DST.
DST would not be able to provide the
services to you on an economically reasonable basis without these limitations. Applicable law may not allow the
limitation or exclusion of liability or incidental or consequential damages, so the above limitations or
exclusions may not apply to You.
In such cases, DST’s liability will be limited to the fullest extent permitted
by applicable law. This paragraph shall survive termination of this Agreement.
Indemnification
You agree to indemnify, save, and hold DST, its affiliates, contractors, employees, officers, directors, agents
and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and
liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or
related to Your use or misuse of the Services or of the Site, any violation by You of this Agreement, or any
breach of the representations, warranties, and covenants made by You herein.
DST reserves the right, at Your
expense, to assume the exclusive defense and control of any matter for which You are required to indemnify DST,
including rights to settle, and You agree to cooperate with DST’s defense and settlement of these claims. DST
will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is
subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of
this Agreement.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, DST and its third-party partners, licensors, and
suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No
advice or information, whether oral or written, obtained by you from DST or through the services or the site
will create any warranty not expressly stated herein.
. . . You expressly acknowledge that as used in this section,
the term “DST” includes DST’s officers, directors, employees, shareholders, agents, licensors, subcontractors
and affiliated companies. You acknowledge that DST is a reseller and is not liable for any 3rd party (telcos &
suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers
or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your
responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services,
merchandise and other information provided through the site or on the internet generally. We do not warrant
that the service will be uninterrupted or error-free or that defects in the site will be corrected. The
services and the site and any data, information, third party software, reference sites, services, or software
made available in conjunction with or through the services and the site are provided on an “as is” and “as
available,” “with all faults” basis and without warranties or representations of any kind either express or
implied. DST, and its third party suppliers, licensors, and partners do not warrant that the data, DST
software, functions, or any other information offered on or through the services, the site or any reference
sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any
of the foregoing will be corrected.DST and its third party suppliers, licensors, and partners do not warrant or
make any representations regarding the use or the results of the use of the services, the site or any reference
sites in terms of correctness, accuracy, reliability, or otherwise.
. . . you understand and agree that you use,
access, download, or otherwise obtain information, materials, or data through the services, the site or any
reference sites at your own discretion and risk and that you will be solely responsible for any damage to your
property (including your computer system and device) or loss of data that results from the download or use of
such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on
any such statement. This paragraph shall survive termination of this agreement. In no event will DST be liable
for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of
profits, business interruption, loss of programs or information, and the like) arising out of the use of or
inability to use the site.
Ownership; Proprietary Rights
The Services and the Site are owned and operated by DST and/or third party licensors.
The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software,
services, and all other elements of the Services and the Site provided by DST (the “Materials”) are protected by Indian copyright, trade dress,
patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
As between You and DST, all Materials, trademarks, service marks, and trade names contained on the Site are the property of DST and/or third party
licensors or suppliers. You agree not to remove, obscure, or alter DST or any third party’s copyright, patent, trademark, or other proprietary
rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by DST,
You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works
from, or otherwise make unauthorized use of the Materials.
. . .9 DST reserves all rights not expressly granted in this Agreement. If You have comments
regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby
irrevocably assign to DST, and shall assign to DST, all right, title and interest in and to all ideas and suggestions and any and all worldwide
intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to
perfect the foregoing rights.
Modification of this Agreement
DST reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the DST website www.dynodesoft.com or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate Your use of the Services. For certain changes, DST may be required under applicable law to give You advance notice, and DST will comply with such requirements.
Notice
DST may provide You with notices and communications by email, regular mail or postings on the DST website www.dynodesoft.com or by any other reasonable means. Except as otherwise set forth herein, notice to DST must be sent by courier or registered mail to DST Mobile Solutions, c/o One97 Communications, B-121, Sector-5, Noida, Uttar Pradesh 201301, India.
Waiver
The failure of DST to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by DST.
Arbitration
DST may elect to resolve any dispute, controversy or claim arising our of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New Delhi, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Patna, India, necessary to protect the rights or the property of you or DST (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
Governing Law and Forum for Disputes
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against DST must be resolved by a court located in Patna, India. You agree to submit to the personal jurisdiction of the courts located within Patna, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
Severability
This Agreement, and any rights granted here under, may not be transferred or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Survival
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
Headings
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
GENERAL
The parties are independent contractors and nothing in these Terms shall be deemed to create an agency or
employment relationship, a franchisor-franchisee relationship, joint venture or partnership. These Terms
constitute the entire agreement between you and us regarding its subject matter and supersede all prior and
contemporaneous undertakings and agreements between the parties, whether written or oral, with respect to that
subject matter. Should any provision of these Terms be deemed unenforceable or invalid, the other provisions of
these Terms shall remain in full force and effect. You cannot assign the Terms or delegate your obligations
under these Terms without the express written consent of DST. The prevailing party in any action relating to
these Terms shall be entitled to recover its reasonable legal fees, costs and disbursements incurred in
connection therewith from the non- prevailing party.
GRIEVANCE OFFICER
The customer has the right to register his complaint if he is not satisfied with the services or finds
attitudinal deficiencies when dealing with agents/ staff or finds system errors or sees gaps between standards
of service promised and actual service rendered by the company. The Customer can lodge a complaint by sending
email to grievanceofficer@dynode.com. This mechanism is exclusively dedicated for customer complaint redressal.