Terms and Conditions of Use
This is the Knowledge Portal of DS Digital Private Limited. This document sets forth the legal terms and conditions for access to and use of the official Knowledge Portal of the company. By accessing or using this Knowledge Portal or the materials therein (hereinafter referred to as "Portal"), you agree to comply with the following terms and conditions:
Use and Access to the Portal:
- All users of this Portal do so at their own risk. DS Digital Private Limited makes no representations or warranties of any kind with respect to the Portal and the use thereof.
- Neither DS Digital Private Limited, nor any other party involved in the creation, production or delivery of this Portal assumes or accepts any liability for any data losses, damages, etc. arising out of or in connection with the use and access to this Portal.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Knowledge Portal is for your personal and noncommercial use. The content and information on this Knowledge Portal, as well as the infrastructure used to provide such content and information, is proprietary to DS Digital Private Limited or its suppliers and providers. Accordingly, as a condition of using this Knowledge Portal, you agree not to use this Knowledge Portal or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make references for your full educational needs through this Knowledge Portal, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Knowledge Portal. In addition, whether or not you have a commercial purpose, you agree not to:
- access, monitor or copy any content or information of this Knowledge Portal using any manual or automated means or any manual process for any purpose without express written permission of DSD;
- violate the restrictions in any exclusion headers on this Knowledge Portal or bypass or circumvent other measures employed to prevent or limit access to this Knowledge Portal;
- take any action that imposes, or may impose, in the discretion of DSD, an unreasonable or disproportionately large load on the DSD infrastructure; or
- deep-link to any portion of this Knowledge Portal for any purpose without express written permission of DSD
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Knowledge Portal are: © 2010 DSD, Sector 2, Noida. All rights reserved. DSD, DSD logo and the Destination Success logo are registered trademarks or trademarks of DSD. Other product and company names mentioned herein may be the trademarks of their respective owners.
NOTHING IN THIS AGREEMENT SHALL, NOR SHALL BE DEEMED, TO LIMIT OR EXCLUDE OUR LIABILITY NEITHER FOR OUR FRAUD NOR FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS KNOWLEDGE PORTALMAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, DSD AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO CONTENT AND OTHER PRODUCT DESCRIPTIONS DISPLAYED ON THIS KNOWLEDGE PORTAL. DSD, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS KNOWLEDGE PORTAL AT ANY TIME.
DSD, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL DSD, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS KNOWLEDGE PORTAL OR WITH THE DELAY OR INABILITY TO USE THIS KNOWLEDGE PORTAL, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS KNOWLEDGE PORTAL, OR OTHERWISE ARISING OUT OF THE USE OF THIS KNOWLEDGE PORTAL, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DSD, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE 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.
You agree to defend and indemnify DSD, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:
- you or on your behalf in excess of the liability described above; or
- by third parties as a result of
- your breach of this agreement or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this Knowledge Portal.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Knowledge Portal, you warrant that you will not use this Knowledge Portal for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD-PARTY SITES
This Knowledge Portal may contain hyperlinks to Learning Platforms operated by parties other than DSD. Such hyperlinks are provided for your reference only. DSD does not control such Learning Platforms and is not responsible for their contents or your use of them. DSD's inclusion of hyperlinks to such Learning Platforms does not imply any endorsement of the material on such Learning Platforms or any association with their operators.
SOFTWARE AVAILABLE ON THIS KNOWLEDGE PORTAL
Any software that is made available to download from this Knowledge Portal ("Software") is the copyrighted work of DSD, its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a License Agreement, DSD, hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Knowledge Portal in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Knowledge Portal, is owned by DSD, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of India. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to India export restrictions.
MODIFICATION OF THESE TERMS AND CONDITIONS
DSD reserves the right to change the terms, conditions, and notices under which this Knowledge Portal is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of this Knowledge Portal and its facilities.
This agreement is governed by the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in India, in all disputes arising out of or relating to the use of this Knowledge Portal. Use of this Knowledge Portal is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DSD as a result of this agreement or use of this Knowledge Portal.
DSD's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DSD's right to comply with law enforcement requests or requirements relating to your use of this Knowledge Portal or information provided to or gathered by DSD with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and DSD with respect to this Knowledge Portal and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and DSD with respect to this Knowledge Portal. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
USE OF DESTINATION SUCCESS KNOWLEDGE PORTAL
The DSD Knowledge Portal is provided solely to assist customers in determining the appropriate educational content, tools and services for their use, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Knowledge Portal in accordance with all terms and conditions herein. You agree to be responsible for all of your use of this Knowledge Portal (as well as for use of your account by others, including, without limitation). You agree to supervise all usage of this Knowledge Portal by minors under your name or account. You also warrant that all uploads by you in using this Knowledge Portal is true and accurate. Without limitation, any speculative, false, or fraudulent information or any information in anticipation of demand is prohibited. You agree that the educational content, tools and services of this Knowledge Portal shall be used only for legitimate educational use for you or for another person for whom you are legally authorised to act. You understand that abuse of the educational content, tools and services of this Knowledge Portal may result in you being denied access to such facilities.
Separate terms and conditions will apply to your information and use educational content, tools and services that you select. You agree to abide by the terms or conditions imposed including, but not limited to, payment of all amounts when due and compliance with the rules and restrictions regarding availability and use products, or services. You shall be completely responsible for all usage and application of assessments arising out of the use of this Knowledge Portal.
USER COMMENTS AND CONTENT
DSD may display feedback, forum comments and other material in relation to content as well as other content and educational and Forum feedback ("Feedback"). DSD may also offer a facility allowing users of this Knowledge Portal to post Feedback ("User Feedback"). You disclaim any proprietary rights you may have in such User Feedback, and the same may be freely used, copied, distributed and made available in any medium and in any form by DSD or its affiliates without your permission. Where this posting facility is offered, you expressly agree only to submit User Feedback that are appropriate to that educational service, complying with these terms and conditions and also any accompanying guidelines made available on this Knowledge Portal.
Specifically, by using such a service, you represent and warrant that:
- you own or otherwise control all of the rights to the User Feedback that you post;
- as at the date of posting, the User Feedback submitted are accurate;
- User Feedback that you supply do not breach any DSD terms and conditions of use, guidelines or policies (as applicable from time to time);
- you will not intentionally or recklessly post information that could cause injury or offend any person or in particular: you will not post any comments, information or material that is untrue; malicious; defamatory; abusive; obscene or could reasonably be taken as such;
- you will not act in any way to deceive or mislead and will not engage in or encourage any fraudulent or illegal activity;
- you will not to post or distribute any information or material that is owned by any third party without the express written consent of such party to do so;
DSD does not edit Forum Feedback or User Feedback submitted and to the fullest extent permitted by law will not be in any way responsible or liable for such Feedback or User Feedback or their subsequent posting, use or distribution. In addition, DSD does not verify, endorse or approve the views or comments expressed in any Feedback or User Feedback which are the personal views of the individuals submitting them. DSD reserves the right for any reason in its sole discretion to refuse to post or remove (without notice) any Feedback or User Feedback if requested. Amongst other things, this includes situations where DSD receives a complaint, is requested to do so by the School and/or has reason to believe that there has been a breach of these terms and conditions.
If you have a complaint about any comments or material posted on this Knowledge Portal you should put such complaint in writing (giving as much information as possible about the circumstances) to: firstname.lastname@example.org. Note that DSD reserves the right to ask for further information in relation to nature of such complaint and, if necessary, may ask you to verify your identify.