My Digital India Business Listings Terms and Conditions

LAST REVISION: 15-03-2018

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the “Agreement”) governs your use of this website, https://My-DigitalIndia.com, My Digital India is a product offered by Kaushalya Technologies; This offer of service for purchase on this Website, or your purchase of service available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Kaushalya Technologies reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Kaushalya Technologies will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website.

 

  1. Description of Service

In accordance with these My Digital India Business Listings Terms and Conditions (referred to as the “Agreement” or “S.O.”), shall display on the https://My-DigitalIndia.com one or more of the following on the applicable listing page of the Customer’s business: a link to the official URL, the phone number, and a link to the property’s email address, from the Effective Date until terminated by either party in accordance with this Agreement (the “Term”). Kaushalya Technologies makes no guarantees as to the effectiveness of creating a Business Listing.

My Digital India Business Listings is a subscription product that helps people worldwide to reach your property/business by providing localized contact details such as country dialing codes, websites and email addresses in different languages. It is a powerful tool to help businesses market to consumers and spread the word about their brand on the site. However, we also encourage property owners to explore additional mutually beneficial business relationships with online agencies and believe that both of these types of relationships can help drive business to property owners.

  1. Definitions

“Add-on” means a product that is purchased by Customer in addition to a Business Listing subscription. All Add-ons expire at the same time as the related Business Listing subscription.

“Business Listing” shall be defined as a listing which includes one or more of the following listed on the My Digital India Site:

  1. a) a link to an official URL for the property,
  2. b) a phone number, and
  3. c) link to the property’s email address.

“Business Listings Order” means the record generated by Kaushalya Technologies sent to the Customer setting out the terms of the Business Listing.

“Customer” or “You” means the contracting entity (together with any affiliates or subsidiaries, if applicable) as listed in the Business Listings Order.

“Deliverables” means one or more of the following that Customer can choose one or more of the following to add to a Business Listing: the official URL, link to the property’s email address, phone number.

“Effective Date” means the date that the Business Listing is initially displayed on the TripAdvisor Site and as recorded in the Business Listings Order (unless otherwise agreed between the parties).

”Subscription Term” means the period of a Business Listing subscription (regardless of payment frequency), which may be renewed in accordance with these terms.

“My Digital India Site” means https://my-digitalindia.com and all active country code TLD extensions (eg. .co.uk).

  1. Sales Order Rules

All requests by a Customer to create a Business Listing on the Site are governed by this Agreement and the Business Listings Order. No other conditions, provisions, or terms of any sort appearing in any writings or other communications made in connection with this Agreement, including without limitation those contained on any forms of payment, will be binding on Kaushalya Technologies, whether in conflict with or in addition to this Agreement. This Agreement is binding on Customer and not subject to cancellation, except as provided below under Section 4 & 7. Customer will use Kaushalya Technologies site services (Services hosted on my-digitalindia.com)

  1. Business Listings

Kaushalya Technologies reserves the right, without liability, to reject, remove and/or cancel any information in the Business Listings that contain content or links which do not meet My digital Indias’s specifications, at Kaushalya Technologies’s sole discretion. Kaushalya Technologies’s sole liability under this Agreement shall be to refund the pro-rata portion of amounts paid for the unfulfilled term to the extent that the content or links do not meet our specifications. However, in cases which involve fraudulent activity of any type, or inappropriate or malicious content, no refunds will be provided. Kaushalya Technologies may redesign the My Digital india Site at its sole discretion at any time. Customer agrees to the following:

  1. a) Customer hereby grants Kaushalya Technologies and its affiliates the right to display Business Listing information on the My Digital India Site, and any other Kaushalya Technologies branded Web sites, partner web sites, and emails that are related to the Kaushalya Technologies. Failure by Kaushalya Technologies to publish any Business Listing information does not constitute a breach of contract or otherwise entitle Customer to any legal remedy.
  2. b) Customer’s failure to comply with all applicable requirements of this Agreement may delay or prevent the display of the Business Listing and shall give Kaushalya Technologies the right to immediately terminate the applicable Agreement;

c)Customer shall be solely responsible for the content provided to Kaushalya Technologies for the Business Listing (including but not limited to a promotion or offer) and any web site linked to from such information, and Customer shall indemnify Kaushalya technologies for all loss, costs, and damages in connection with any claims of infringement of any third party rights and any claims arising from the content (including but not limited to unfair or deceptive acts and practices and consumer protection claims). Customer represents, warrants and covenants to Kaushalya Technologies that at all times, (a) it is fully authorized to publish the entire contents and subject matter of all requested information (including, without limitation, all text, URLs, and Internet sites to which URLs are linked); (b) all such materials and Internet sites comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party; (c) it has the full corporate rights, power and authority to enter into this Agreement and to perform the acts required of it hereunder, and its execution of this S.O. does not and will not violate any agreement to which it is a Party or by which it is otherwise bound, or any applicable law, rule or regulation; and (d) each such Internet site is controlled by Customer and operated by Customer or its independent contractors, is functional and accessible at all times, and is suitable in all respects to be linked to from the applicable site.

  1. d) It is the Customer’s obligation to submit Business Listing information in accordance with Kaushalya Technologies’s then existing criteria or specifications.
  2. e) Public Announcements. Customer hereby grants Kaushalya Technologies permission to publicize the fact that it is a Business Listing customer of My Digital India in a press release. Customer shall not use, display or modify Kaushalya Technologies trademarks in any manner without the prior written consent of Kaushalya Technologies.

Restricted access

Access to certain areas of this website is restricted.]  Kaushalya Technologies reserves the right to restrict access to any specific areas of this website, or indeed this entire website, at Kaushalya Technologies’s discretion.

 

If Kaushalya Technologies Web site (https://my-digitalIndia.com) provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Kaushalya Technologies may disable your user ID and password in Kaushalya Technologies sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Kaushalya Technologies a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Kaushalya Technologies the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Kaushalya Technologies or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

Kaushalya Technologies reserves the right to edit or remove any material submitted to this website, or stored on Kaushalya Technologies servers, or hosted or published upon this website.

[Notwithstanding Kaushalya Technologies rights under these terms and conditions in relation to user content, Kaushalya Technologies does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website (https://mydigitalindia.com) is provided “as is” without any representations or warranties, express or implied.  Kaushalya Technologies makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Kaushalya Technologies does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Breaches of these terms and conditions

Without prejudice to Kaushalya Technologies other rights under these terms and conditions, if you breach these terms and conditions in any way, Kaushalya Technologies may take such action as Kaushalya Technologies deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Kaushalya Technologies may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Kaushalya Technologies may transfer, sub-contract or otherwise deal with Kaushalya Technologies rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

  1. Privacy and Compliance

From the date that the Business Listing information begins to be displayed, through the expiration or termination of the Agreement or applicable S.O., Customer shall have a privacy policy in place governing Customer’s use of end users’ personal information that meets or exceeds any applicable laws, rules and regulations governing the use of such information. Both parties shall ensure that any collection, use and disclosure of information obtained pursuant to the related S.O. comply with all applicable laws, regulations and privacy policies, including all of the requirements the CAN-SPAM Act. Customer agrees not to send any unsolicited, commercial email or other online communication (e.g., “spam”) through to My Digital India users and shall comply with all applicable policies regarding bulk mail. If applicable, for the purposes of any email or advertising placements.

  1. Payment Terms and Calculations

Where Customer purchases a Business Listing subscription, Customer acknowledges and agrees that this is on the basis of a recurring payment(Customer can opt for manual payment too), and that payments shall be made to Kaushalya Technologies by the method selected by Customer at the recurring intervals until the subscription for Business Listings is terminated by Customer or Kaushalya Technologies in accordance with this Agreement. Customer agrees that the same method of payment must be used for all business services purchased by Customer under the same account, unless otherwise notified by Kaushalya Technologies. Accordingly, if Customer makes a change to its selected payment method for Business Listings, this will affect a change to the payment method for all other services. Customer’s authorization to debit its bank account, charge its credit card or make any other valid form of payment for Business Listing subscription fees will create an authorization for the same method of payment for all other services ordered under the same account. Customer shall be charged for the Business Listing from the Effective Date. Customer shall pay Kaushalya Technologies upfront or in regular installments (as applicable) for – display of Business Listing information. If Kaushalya Technologies agrees to receive payment by monthly or quarterly installments, Customer must pay Kaushalya Technologies every month or quarter, as applicable, in advance (as per the plan/package listed). A Customer can raise a request for refund with-in 10 days of purchase, by calling or dropping a mail to query@kaushalyatechnologies.com, any request after that would not be entertained. In addition to any other rights, Kaushalya Technologies may immediately remove Customer’s Business Listing information in the event that it detects some form of misuse within such time period. All sums payable by Customer to Kaushalya Technologies under this Agreement are exclusive/inclusive of tax (depends on the package) of any sales tax, indirect or other taxes chargeable on any supply to which those sums relate (except for VAT, which may be billed in Customer’s invoice). In Case of recurring Business Listings will be renewed automatically at the end of a Subscription Term for a subsequent Subscription Term of equal length at the then-current standard rates. The applicable fees will be charged to the payment method on file unless otherwise notified of a cancellation in writing. Although Kaushalya Technologies may choose to send a reminder email prior to charging a Customer for a renewal fee, Kaushalya Technologies is not responsible for notifying a Customer of this automated renewal. If You miss any payment owed to Kaushalya Technologies or if a credit card is expired or otherwise fails to authorize, the Business Listings service may be discontinued without notice. Rates for Business Listings are calculated based on multiple factors including, the number of page views for the Customer’s Business Listings. If at any time, Kaushalya Technologies becomes aware of the fact that the Listing is misused/violated agreement/misrepresentation shall be considered a material breach of this Agreement; This may result in the Business Listing may be canceled without a refund.

  1. Effective Date, Cancellation, Switching and Add-Ons

7.1 Effective Date: Unless TripAdvisor notifies the Customer otherwise, this Agreement is effective upon the Effective Date.

7.2 Cancellation: A Customer may cancel its Business Listing subscription, thereby terminating this Agreement,

7.3 Switching: If permitted by Kaushalya Technologies, a Customer may switch from one type of Subscription Term to another. If such switch is permitted, the relevant changes to payment terms, renewal dates and the applicable cancellation policy will come into effect, as applicable.

7.4 Add-ons: if Customer purchases an Add-on, it shall expire, renew and be cancelable on the same terms as the Business Listing subscription to which it relates.

  1. Liability, Warranty & Indemnity
  2. a) KAUSHALYA TECHNOLOGIES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES AS TO THE NUMBER OF VISITORS TO OR PAGES DISPLAYED ON THE MY DIGITAL INDIA SITE OR THE FUNCTIONALITY, PERFORMANCE, OR RESPONSE TIMES OF THE MY DIGITAL INDIA SITE. KAUSHALYA TECHNOLOGIES DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY OTHER LOSS, INJURY, COST OR DAMAGE SUFFERED BY CUSTOMER OR ANY THIRD PARTY AND SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS. THIS PROVISION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL KAUSHALYA TECHNOLOGIES OR ANY OF ITS AFFILIATES/PARTNERS BE LIABLE TO CUSTOMER FOR AN AMOUNT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY RECEIVED BY KAUSHALYA TECHNOLOGIES FROM CUSTOMER FOR THE SPECIFIC BUSINESS LISTING INFORMATION AT ISSUE.
  3. b) Customer agrees to defend, indemnify and hold harmless Kaushalya Technologies and each of Kaushalya Technologies’s agents, customers, subcontractors and affiliates, and the officers, directors, and employees of any of the foregoing, from, against and in respect of any and all losses, costs, (including reasonable attorney’s fees) expenses, damages, assessments, or judgments (collectively, “Liabilities”), resulting from any claim against any such parties in connection with Customer’s advertisement, except to the extent that such claims directly resulted from the gross negligence or willful misconduct of Kaushalya Technologies.
  4. General Provisions

No joint venture, partnership, employment, or agency relationship exists between Customer and Kaushalya Technologies. Kaushalya Technologies will not be deemed to have waived or modified any of these terms and conditions except in writing signed by its duly authorized representative. Customer may not assign its rights hereunder to any third party unless Kaushalya Technologies expressly consents to such assignment in writing, not to be unreasonably withheld. Modifications to the originally submitted S.O. will not be binding unless signed by both parties. If any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. This Agreement will be deemed to be controlling over all other writings or agreements of any kind between the parties covering the Business Listings subject matter of this IO. Kaushalya Technologies may amend this Agreement at any time, by giving Customer notification via an update on website “My-Digitalindia.com” or via email.