TERMS OF USE

Last Updated- 25th May, 2021

 

https://desteksolutions.com/ (“the Site/Website”) is operated/owned by Destek Infosolutions Pvt. Ltd. (“Destek/Company”), A private limited company incorporated under the Indian Companies Act, 2013, having its registered address at Office no. 702, East Court, Phoenix Marketcity, Viman Nagar, Pune, Maharashtra – 411014.

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of https://desteksolutions.com/ website.

 

For the purpose of these Terms of Use, wherever the context so requires “You”, “Your”  or “User” shall mean any natural or legal person. .The term “We”, “Us”, “Our” shall mean Destek Infosolutions Pvt. Ltd.

 

Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference.

 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE PROCEEDING. By implied or expressly accepting these Terms of Use, You also accept and agree to be bound by Destek’s Policies (including but not limited to Privacy Policy available on https://desteksolutions.com/privacy-policy/ as amended from time to time. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Destek Online Limited and these terms and conditions including the policies constitute your binding obligations, with Destek.

 

DEFINITIONS

 

  1. “Agreement” means this Terms and Conditions;
  2. “User(s)” shall mean and include any legal person, entity, business place or users, or any designated employee of the business place/entity, using the Services of the Company;
  3. “Party/Parties” shall mean and include the Company, Users, and any other person who agrees to be bound by this Agreement;
  4. “Services” means and includes providing a platform wherein, one may come in contact with the company to get solutions to their IT problems.
  5. “User/user”, “You/you”, “Your/your” means any natural or legal person who browses, accesses or uses the Website 
  6. “Use/use” or “Using/using” means to browse, access, view, copy, avail Services  by using the Website;
  7. “User Submissions” means and includes all information and content of the website. This listing of the Content or any information on the website is  at the sole discretion of the Company;
  8. “Website” means domain name https://desteksolutions.com/, owned and operated by the Company.
  9. “We”, “Company”, “us” and “our” means the Company and its affiliates, officers, employees, agents, partners and licensors.


  • ABOUT THE COMPANY

Destek is a full spectrum Digital Transformation Agency helping clients leverage technology to achieve new levels of business efficiencies. From ROI has driven social marketing campaigns that rain leads and conversions to refreshingly vibrant websites and mobile apps that act as sales engines, Destek Infosolutions’ 250+ global customers stand as a testament to our strong technology backbone that has helped clients achieve unprecedented levels of business synergies through Digital Transformation. You can visit our website to know more about our work.


  • ACCESS TO THE SERVICES

 

The DESTEK INFOSOLUTIONS PRIVATE LIMITED Website and the domain name desteksolutions.com and any other features, content, or application services (including without limitation any mobile application services) offered from time to time by the Company in connection therewith (collectively, the “Website”) is owned and operated by the Company. Subject to the terms and conditions of this Agreement, the Company may offer Seller to use the Services for providing or listing certain Products, as described more elaborately on the Website, and that have been selected by you (together with the Website, the “Services”), solely (whether or not) for your own use, and not for the use or benefit of any third party. The Company reserves the right, to change, suspend or discontinue the sale of such Products at any time, including the availability of any feature, database, or Content. The Company may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability. Company reserves the right to amend this Agreement from time to time, with/without notice to the Registered Users. Any changes or modifications made to this Agreement by the Company shall be effective immediately. It shall be your responsibility to review these Terms of Condition upon notification and your continued usage of the Services offered by the Website shall constitute agreement to such updated terms and conditions. By continuing to use the Service after those changes become effective, you are agreeing to be bound by the revised Terms of Service; if you do not agree to the change, do not use the Services after the change is effective, in which case the changes will not apply to you. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions.

The Company reserves the right to prevent you from using the Website and the Service (or any part of them) and to prevent you from making any transaction on the Website. The Company reserves the right in its sole discretion to accept/refuse/reject registration or acceptance of Order placed using the Services or part thereof, without any obligation of explanation.

The Company shall not be responsible or held liable for any delivery of the Products purchased on the Website until and unless the Seller requests the Company for the same. The service of delivering the Products is performed either by a third party or the Seller, but not by the Company. In the event, Seller requires the Service of delivering the Products, Company shall through its partners or third parties opt to provide such service, which shall be chargeable. We do not give any guarantee that the orders will be fulfilled or performed on the date chosen or provided by you, as each Seller shall be responsible for delivering the Product and will or might have its own calendar of events. In case the Products are not delivered on the specific date due to any unavoidable reasons including but not limited to Force Majeure Events, then you can choose to get the Products delivered on any next available delivery date. We shall strive with all reasonable efforts to provide the Services. The Company shall not be held liable for any delay in delivery of the Products due to any reason whatsoever.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any Products, Services, Content or Product Information available through this Website meet your specific requirements.


  • ELIGIBILITY

You represent and warrant to the Company that:

(i) You are an individual or a legal person, who is at least 18 years old;

(ii) All registration information you submit is accurate and truthful; and

(iii) You will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement or required Content of this Agreement shall be considered void, where prohibited by law, and the right to access the Services is revoked in such situations and jurisdictions. We reserve the right to terminate your membership/registration and/or refuse to provide you with access to the Services if it is brought to our notice or if it is discovered that you are under the age of 18 years.

 

You represent and warrant to Company that:

(i) you are of legal age and you can form a binding contract with us and you are not prohibited by law (of your respective country) from accessing or using the Services;

(ii) all registration information you submit is accurate and truthful; and

(iii) you will maintain the accuracy of such information. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions. If you believe that we might have any information from or about a child under 18, please contact us at letstalk@desteksolutions.com


  • SERVICES CONTENT

 

The Services and their Contents, including the Products are intended solely for the personal use by the Users and may only be used in accordance with the terms of this Agreement. All Products/Services displayed on the Website or during the performance of the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content,” and which includes User Submissions)) are protected by copyright, owned by DESTEK INFOSOLUTIONS PRIVATE LIMITED. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services provided on the Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever,

any Content or third party submissions or other proprietary rights not owned by you:

(i) without the express prior written consent of the respective owners, and

(ii) in any way that violates any third-party rights.


  • TERMINATION AND SUSPENSION

 

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. The Company may terminate or suspend your access to the Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. 

The Company, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person or User in writing or through email signed with electronic signature about any such information which is not authorized to be displayed while using the Services, including, not limited to, the details as provided in the above mentioned, The Company shall act within thirty-six hours or at the time the Company is aware of such information being posted and where applicable, work with User or owner of such information to disable such information that is in contravention and not authorized to be displayed on the Website or in the Services provided. Further, the Company shall preserve such information and associated records for at least ninety days or any number of days, for investigation purposes. Post internal investigation(s), if any, conducted by the Company and post ceasing the right(s) of the Seller or the User or any other relevant party to access or use the Services, Website, and any Content, Company reserves the right to disclose any and all information to the relevant governmental authorities, for any further actions to be taken under the law. The Company reserves the right to take any such action, on any suspicious and/or reasonable ground(s).


  • NOTICE

All notices addressed to the Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to support services at letstalk@desteksolution.in.


  • CHANGE

We have and continue to have the right to modify, change or update this Terms of Service and any other policies as provided on the Website, at any time by reasonably highlighting on the Website about such change. Such changes shall be effective immediately upon posting to the Website. You are advised to keep a regular check and update on the Policy updates on the Website.


  • LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH DESTEK WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DESTEK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DESTEK WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE DESTEK WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

DESTEK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE DESTEK WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DESTEK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DESTEK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Techechelons WEB SITE, WITH THE DELAY OR INABILITY TO USE THE DESTEK WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DESTEK WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE DESTEK WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DESTEK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DESTEK’S WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DESTEK WEBSITE.


  • FORCE MAJEURE

Unless otherwise agreed in the contract between the parties expressly or impliedly, where a party to a contract fails to perform one or more of its contractual duties, the consequences set out in this Clause will follow if and to the extent that that party proves: (a) that its failure to perform was caused by an impediment beyond its reasonable control; (b) that it could not reasonably have been expected to have taken the occurrence of the impediment into account at the time of the conclusion of the contract; and (c) that it could not reasonably have avoided or overcome the effects of the impediment.

A party invoking this Clause shall be presumed to have established the conditions described in the preceding paragraph in the case of the occurrence of one or more of the following impediments: war (whether declared or not), armed conflict or the serious threat of the same (including but not limited to hostile attack, blockade, military embargo), hostilities, invasion, act of a foreign enemy, extensive military mobilization; civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience; act of terrorism, sabotage or piracy; plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions; act of authority whether lawful or unlawful, compliance with any law or governmental order, rule, regulation or direction, curfew restriction, expropriation, compulsory acquisition, seizure of works, requisition, nationalization; act of God or natural disaster such as but not limited to violent storm, cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami, flood, damage or destruction by lightning, drought; explosion, fire, destruction of machines, equipment, factories and of any kind of installation, prolonged break-down of transport, telecommunication or electric current; general labor disturbance such as but not limited to boycott, strike and lock-out, go-slow, occupation of factories and premises; shortage or inability to obtain critical material or supplies to the extent not subject to the reasonable control of the subject Party (“Force Majeure Event”).


  • MISCELLANEOUS

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with the Company’s prior written consent. The Company may transfer, assign or delegate this Agreement and its rights and obligations without any consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind the Company in any respect whatsoever.

Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. You and the Company agree there are no third-party beneficiaries intended under this Agreement.


  • ARBITRATION AND GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Pune, Maharashtra, India in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 and any amendments thereof by one or more arbitrator(s) appointed mutually by the parties in accordance with those regulations. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief at any time. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in Pune, Maharashtra,  India.


  • GENERAL CONDITIONS

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Technical support is only provided via email. You understand that the Company uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You must not modify, adapt or hack the Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service


  • CONTACT DETAILS

If you have any questions, complaints, or claims with respect to the Services you may contact us at letstalk@desteksolutions.com.

Our physical address is mentioned at the tab Contact Us on our website.