Terms and Conditions
Updated on Jan '24
These Terms and Conditions for the Website, Content, and Services (“Terms”) which shall include the Privacy Policy available on https://designient.com/privacy (“Privacy Policy”) forms a legally binding agreement between any person, organization or firm, natural or legal who access the Website or Services (“You”, “Your”, or “User”) and DESIGNIENT TECHNOLOGIES PRIVATE LIMITED registered at 2-108/2/79, Sri Sai Enclave, Boduppal, Hyderabad, Telangana 500092 (“Company”, “we”, or “us”) regarding your use of the Content, Website, Materials, and the services given by the Company for the Courses (defined below), and including without limitation any apps, plugins, executables, or any other software provided to you by the Company (collectively, the “Service(s)”)
By accessing or using the Website and/or Services, you agree to be bound by these Terms, which constitutes a legally binding agreement between You and the Company. We may, in our discretion, change the Terms and all elements of them and any aspect of any Website or Service, without notice to you. Your continued use of the Website and/or Service after we change the Terms constitutes your acceptance of the changes. If you do not agree to any of the Terms or any subsequent changes, please do not use the Website or the Services.
1. Definitions
A “Content” shall mean Materials, and includes any other artistic compositions, sound recordings, published works, photos, video, graphics, music, sound effect, or other artistic material that can be viewed on our Website.
B “Website” shall mean the website, and any Materials or software applications associated with the website i.e., https://designient.com of the Company.
C “Courses” shall mean any and all courses or modules on the Website as part of the Services offered by the Company, which shall include the Course Material (defined below).
D “Materials” shall mean all works, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement, or components of the Website.
A “Content” shall mean Materials, and includes any other artistic compositions, sound recordings, published works, photos, video, graphics, music, sound effect, or other artistic material that can be viewed on our Website.
B “Website” shall mean the website, and any Materials or software applications associated with the website i.e., https://designient.com of the Company.
C “Courses” shall mean any and all courses or modules on the Website as part of the Services offered by the Company, which shall include the Course Material (defined below).
D “Materials” shall mean all works, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement, or components of the Website.
2. Website License
We grant you limited, non-exclusive, non-assignable, non-sublicensable, revocable, limited license to access the Website according to the Terms. You shall comply with the Terms and all applicable laws when using the Website. Materials contained on the Website is owned and controlled by the Company and/or its affiliates, and is protected by copyright, patent and trademark laws, and various other intellectual property laws. Except as expressly provided in these Terms, any part of the Website shall not be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent. This license does not include any resale or commercial use of Materials of the Website; or any collection and use of any product listings, descriptions, or prices or any downloading, copying, or other use of account information.
Any use of data mining, robots, or Terms is reserved and retained by Company or its licensors, suppliers, publishers, rightsholders, or other content providers and any use not explicitly licensed under a written agreement signed by Company is strictly prohibited. Neither the Website nor any part thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. You may not misuse the Website.
We grant you limited, non-exclusive, non-assignable, non-sublicensable, revocable, limited license to access the Website according to the Terms. You shall comply with the Terms and all applicable laws when using the Website. Materials contained on the Website is owned and controlled by the Company and/or its affiliates, and is protected by copyright, patent and trademark laws, and various other intellectual property laws. Except as expressly provided in these Terms, any part of the Website shall not be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent. This license does not include any resale or commercial use of Materials of the Website; or any collection and use of any product listings, descriptions, or prices or any downloading, copying, or other use of account information.
Any use of data mining, robots, or Terms is reserved and retained by Company or its licensors, suppliers, publishers, rightsholders, or other content providers and any use not explicitly licensed under a written agreement signed by Company is strictly prohibited. Neither the Website nor any part thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. You may not misuse the Website.
3. Course Materials
User shall ensure that any information, documents, books, booklets, reports, graphics, audios, visuals, or other works, including any products, (“Course Materials”) made available to the Consumer through the Courses delivered by the Company shall be kept strictly confidential and at no time shall the User be allowed to reshare, resell, redistribute, or in any manner make available, the course materials, to any third party without the prior permission of the Company. In any case of breach of this obligation, Company reserves the right to appropriate action legally and claim for damages.
The Company does not represent or warrant the accuracy or quality of such Course Materials and the Company disclaims any and all liability arising out of any use of such Course Materials which includes any loss of business, damages, loss of opportunities, or any other liabilities whatsoever. The User agrees to indemnify the Company against any liabilities, losses, damages, claims, or legal proceedings that may arise due to their use of the Course Materials.
User shall ensure that any information, documents, books, booklets, reports, graphics, audios, visuals, or other works, including any products, (“Course Materials”) made available to the Consumer through the Courses delivered by the Company shall be kept strictly confidential and at no time shall the User be allowed to reshare, resell, redistribute, or in any manner make available, the course materials, to any third party without the prior permission of the Company. In any case of breach of this obligation, Company reserves the right to appropriate action legally and claim for damages.
The Company does not represent or warrant the accuracy or quality of such Course Materials and the Company disclaims any and all liability arising out of any use of such Course Materials which includes any loss of business, damages, loss of opportunities, or any other liabilities whatsoever. The User agrees to indemnify the Company against any liabilities, losses, damages, claims, or legal proceedings that may arise due to their use of the Course Materials.
4. Payment Policy
By purchasing any Courses or other Service of our Company, you are expressly agreeing that Company is authorized to charge you fee, and any applicable taxes in connection with your use of the Courses and/or the Service. Such payment must be made through any such payment method/ instrument, required by the Company which may include POS Machines, cash, credit / debit card, net banking or other payment method / instrument accepted by the Company as may be changed from time to time (“Payment Method”). The Payment Methods will differ from platform to platform (operating systems). You hereby agree that once the payment has been made, you shall not be entitled to any refund or reimbursement, in any case whatsoever, unless otherwise agreed by the Company.
By purchasing any Courses or other Service of our Company, you are expressly agreeing that Company is authorized to charge you fee, and any applicable taxes in connection with your use of the Courses and/or the Service. Such payment must be made through any such payment method/ instrument, required by the Company which may include POS Machines, cash, credit / debit card, net banking or other payment method / instrument accepted by the Company as may be changed from time to time (“Payment Method”). The Payment Methods will differ from platform to platform (operating systems). You hereby agree that once the payment has been made, you shall not be entitled to any refund or reimbursement, in any case whatsoever, unless otherwise agreed by the Company.
5. Website Ownership
The Service, Website, including its contents, and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by Company and/or its licensors or group companies and are protected by applicable Indian and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Service, Website, and/or any portion thereof unless otherwise agreed under these Terms. You agree not to copy, reproduce, duplicate, stream, capture, access through technology or any other means, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon, publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Website or Service or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of Company and/or its licensors and a violation of these Terms and may subject you to civil and/or criminal liability under applicable laws.
The Website or any software made available through Company is the owned and/or licensed property of Company or its content suppliers and protected by Indian (Copyright Act, 1957) and international copyright laws. All trademarks, graphics, logos, page headers, buttons, icons, scripts, and service names included in or made available through Company are trademarks or trade dress of Company in India and other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. All other trademarks not owned by Company but available via the Website, or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
The Service, Website, including its contents, and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by Company and/or its licensors or group companies and are protected by applicable Indian and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Service, Website, and/or any portion thereof unless otherwise agreed under these Terms. You agree not to copy, reproduce, duplicate, stream, capture, access through technology or any other means, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon, publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Website or Service or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of Company and/or its licensors and a violation of these Terms and may subject you to civil and/or criminal liability under applicable laws.
The Website or any software made available through Company is the owned and/or licensed property of Company or its content suppliers and protected by Indian (Copyright Act, 1957) and international copyright laws. All trademarks, graphics, logos, page headers, buttons, icons, scripts, and service names included in or made available through Company are trademarks or trade dress of Company in India and other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. All other trademarks not owned by Company but available via the Website, or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
6. Holdbacks and Restrictions
User Content
Subject to Company’s Terms herein, any communication or material that you transmit to the Website or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all ownership rights to the User Content, you grant us (including our employees and affiliates), a non-exclusive, perpetual, royalty-free, and worldwide right (but not the obligation) to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used, and including the right to sublicense such rights in the User Content to third parties.
User acknowledges that in connection with Company’s provision of the Services and certain analytical and evaluative functions related thereto, Company may collect and utilize certain aggregated statistical information and data (the “Aggregated Data”). User further acknowledges that such Aggregated Data may include User Content. User grants to Company a worldwide, non-exclusive, royalty-free, irrevocable license to use, modify, distribute and create derivative works from the Aggregated Data in connection with the Services until perpetuity.
You are solely responsible for any User Content, comments, content, or posts you leave on the Website. By posting information on the Website, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Website, you agree that you will not post User Content, comments, content, messages, links, code or other information that:
a.Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
b. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. Consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. Contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
f. Breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Website, or attempts to gain access to other network or server via your account on this Website; or
g. Impersonates any person or entity, including any of our employees or representatives.
Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Website. The Company does not pre-screen, police or monitor comments posted on the Website, Company and its agents reserve the right to remove any and all User Content uploaded or submitted that Company feels does not comply with these Terms or any other rules for our Website, or that are otherwise harmful, objectionable, or inaccurate, in Company’s sole discretion. Company is not responsible for any failure or delay in removing such postings.
Website
As a condition of use of the Website, the User undertakes, and agrees that:
a. You shall not use the Website for any purpose that is unlawful or prohibited by these Terms.
b. You agree to abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all acts or omissions that occur as a result of or while you access the Website.
c. Any licenses granted by Company terminate if you do not comply with these Terms.
d. You assume all responsibility and risk for the use of this Website and the internet generally.
e. This Website is provided by Company on an “AS IS” basis and Company makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website, to the fullest extent permissible by applicable law.
f. Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components.
User Content
Subject to Company’s Terms herein, any communication or material that you transmit to the Website or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all ownership rights to the User Content, you grant us (including our employees and affiliates), a non-exclusive, perpetual, royalty-free, and worldwide right (but not the obligation) to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used, and including the right to sublicense such rights in the User Content to third parties.
User acknowledges that in connection with Company’s provision of the Services and certain analytical and evaluative functions related thereto, Company may collect and utilize certain aggregated statistical information and data (the “Aggregated Data”). User further acknowledges that such Aggregated Data may include User Content. User grants to Company a worldwide, non-exclusive, royalty-free, irrevocable license to use, modify, distribute and create derivative works from the Aggregated Data in connection with the Services until perpetuity.
You are solely responsible for any User Content, comments, content, or posts you leave on the Website. By posting information on the Website, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Website, you agree that you will not post User Content, comments, content, messages, links, code or other information that:
a.Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
b. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. Consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. Contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
f. Breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Website, or attempts to gain access to other network or server via your account on this Website; or
g. Impersonates any person or entity, including any of our employees or representatives.
Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Website. The Company does not pre-screen, police or monitor comments posted on the Website, Company and its agents reserve the right to remove any and all User Content uploaded or submitted that Company feels does not comply with these Terms or any other rules for our Website, or that are otherwise harmful, objectionable, or inaccurate, in Company’s sole discretion. Company is not responsible for any failure or delay in removing such postings.
Website
As a condition of use of the Website, the User undertakes, and agrees that:
a. You shall not use the Website for any purpose that is unlawful or prohibited by these Terms.
b. You agree to abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all acts or omissions that occur as a result of or while you access the Website.
c. Any licenses granted by Company terminate if you do not comply with these Terms.
d. You assume all responsibility and risk for the use of this Website and the internet generally.
e. This Website is provided by Company on an “AS IS” basis and Company makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website, to the fullest extent permissible by applicable law.
f. Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components.
7. Obligations of the User
User shall solely be responsible to ensure that the Website and/or Services shall:
a. not be utilized for any acts or omissions prohibited by law by the User and/or any person authorized by the User;
b. not be used for promotion of any alcohol, illegal drugs, cigarettes, other intoxicating substances, weapons or any other unsafe activities;
c. not be used for creating any morally offensive videos involving nudity, pornographic or adult material, sexually explicit images or videos or descriptions involving sexual behaviour, or other content deemed offensive according to community standards and/or applicable law;
d. not be politically motivated or associated/ referring favorably towards any political party or cause any social, political or economic unrest;
e. not in any manner be defamatory, infringing or violating of any copyright, moral right or privacy right or publicity or any other rights whatsoever, of any person, whether living or dead.
f. not be altered or modified without the prior written consent of Company and User hereby indemnifies Company against any and all liabilities, demands or claims pertaining to such modification or alteration;
g. not be used for the purpose of serving as a factor in establishing an individual’s identity;
h. not be used to perform any act or omission that deceives or misleads the recipient of any information about the origin of such message or impersonates any person.
User shall solely be responsible to ensure that the Website and/or Services shall:
a. not be utilized for any acts or omissions prohibited by law by the User and/or any person authorized by the User;
b. not be used for promotion of any alcohol, illegal drugs, cigarettes, other intoxicating substances, weapons or any other unsafe activities;
c. not be used for creating any morally offensive videos involving nudity, pornographic or adult material, sexually explicit images or videos or descriptions involving sexual behaviour, or other content deemed offensive according to community standards and/or applicable law;
d. not be politically motivated or associated/ referring favorably towards any political party or cause any social, political or economic unrest;
e. not in any manner be defamatory, infringing or violating of any copyright, moral right or privacy right or publicity or any other rights whatsoever, of any person, whether living or dead.
f. not be altered or modified without the prior written consent of Company and User hereby indemnifies Company against any and all liabilities, demands or claims pertaining to such modification or alteration;
g. not be used for the purpose of serving as a factor in establishing an individual’s identity;
h. not be used to perform any act or omission that deceives or misleads the recipient of any information about the origin of such message or impersonates any person.
8. Representations and Warranties
User hereby represents, warrants, undertakes and agrees that:
a. It shall comply with all applicable laws, statutes, ordinances, rules, regulations and requirements of all governmental agencies and regulatory bodies.
b. It is not under any disability, restriction, or prohibition, whether legal, contractual, or otherwise, which shall prevent them from performing or adhering to any of their obligations under these Terms, and have not entered into and shall not enter into any agreement that may violate these Terms;
c. use any derogatory language / remarks, directly or indirectly against the Comapny;
d. all authorizations, approvals, consents, licenses, exemptions, filings, and other matters, official or otherwise, required or advisable in connection with the entry into, performance, validity, and enforceability of these Terms and the transactions contemplated hereby have or shall be obtained or effected in a timely manner.
User hereby represents, warrants, undertakes and agrees that:
a. It shall comply with all applicable laws, statutes, ordinances, rules, regulations and requirements of all governmental agencies and regulatory bodies.
b. It is not under any disability, restriction, or prohibition, whether legal, contractual, or otherwise, which shall prevent them from performing or adhering to any of their obligations under these Terms, and have not entered into and shall not enter into any agreement that may violate these Terms;
c. use any derogatory language / remarks, directly or indirectly against the Comapny;
d. all authorizations, approvals, consents, licenses, exemptions, filings, and other matters, official or otherwise, required or advisable in connection with the entry into, performance, validity, and enforceability of these Terms and the transactions contemplated hereby have or shall be obtained or effected in a timely manner.
9. Content Availability and Indexing
We may add or remove Content from our Website or Service at any time and make no guarantee as to the availability of specific Content or as to any minimum amount of Content. Some of our Content may be offered in limited territories, and we may use geo-filtering technology to restrict access outside of those territories presently or in the future. You understand and agree that temporary interruptions of service may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Content. You agree that the Content and Services available on this Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any Content, communications, or personalization settings. While we have made reasonable efforts to correctly categorize, keyword, caption, description and title the Content, we do not warrant the accuracy of such information.
We may add or remove Content from our Website or Service at any time and make no guarantee as to the availability of specific Content or as to any minimum amount of Content. Some of our Content may be offered in limited territories, and we may use geo-filtering technology to restrict access outside of those territories presently or in the future. You understand and agree that temporary interruptions of service may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Content. You agree that the Content and Services available on this Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any Content, communications, or personalization settings. While we have made reasonable efforts to correctly categorize, keyword, caption, description and title the Content, we do not warrant the accuracy of such information.
10.Confidentiality
User hereby undertakes not to disclose, reveal or make public except with the prior written consent of the Company hereto, any information whatsoever concerning the Services hereunder including any educational, financial or other information relating to the Services, and these Terms including its contents shall be kept strictly secret and confidential. User shall treat these Terms and other any other arrangements, if applicable, between the Company and the respective User as confidential. User shall not, except with prior written approval of the Company, disclose or make any public or other announcements of the transaction covered by these Terms or any other arrangement, if applicable.
User hereby undertakes not to disclose, reveal or make public except with the prior written consent of the Company hereto, any information whatsoever concerning the Services hereunder including any educational, financial or other information relating to the Services, and these Terms including its contents shall be kept strictly secret and confidential. User shall treat these Terms and other any other arrangements, if applicable, between the Company and the respective User as confidential. User shall not, except with prior written approval of the Company, disclose or make any public or other announcements of the transaction covered by these Terms or any other arrangement, if applicable.
11. Indemnification
You hereby indemnify the Company against all liabilities, demands and / or claims whatsoever, including but not limited to third party claims, for loss, damages, costs, expenses including reasonable attorney’s fees arising for not being in compliance with applicable laws, rules and regulations and also against any losses, damages or expenses suffered or incurred or that may be suffered or incurred by the Company for any reason whatsoever including as a result of and / or in relation to, any breach and / or non-fulfilment, non-performance by you and any of his/ her representations, warranties, undertakings terms and covenants set out in this Terms. To the fullest extent permitted by applicable law, you hereby waive all claims against the Company and its affiliates, authorized licensors, distributors or financiers for any indirect, incidental, punitive, and consequential damages In no event will the Company be liable for any indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by you, whether in an action in contract, breach of warranty or tort, even if you have been advised of the possibility of such damages.
You hereby indemnify the Company against all liabilities, demands and / or claims whatsoever, including but not limited to third party claims, for loss, damages, costs, expenses including reasonable attorney’s fees arising for not being in compliance with applicable laws, rules and regulations and also against any losses, damages or expenses suffered or incurred or that may be suffered or incurred by the Company for any reason whatsoever including as a result of and / or in relation to, any breach and / or non-fulfilment, non-performance by you and any of his/ her representations, warranties, undertakings terms and covenants set out in this Terms. To the fullest extent permitted by applicable law, you hereby waive all claims against the Company and its affiliates, authorized licensors, distributors or financiers for any indirect, incidental, punitive, and consequential damages In no event will the Company be liable for any indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by you, whether in an action in contract, breach of warranty or tort, even if you have been advised of the possibility of such damages.
12. Termination
Our business may change over time and we reserve the right to cancel or suspend our Service, in whole or in part, and to terminate your access to and use of the Website, or Service at our discretion without notice. If we terminate your Service or access to Website for conduct that we determine, in our discretion, violates the Terms, violates any applicable law, involves fraud or misuse of the Website, Service, or is harmful to our interests or another user, then you shall be liable to pay damages.
Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Services available on this Website will immediately cease and be revoked, and any Derivatives which have already been published on the Platform(s) shall remain available until perpetuity.
It is clarified that any termination shall not in any manner affect the complete ownership of the Company over the Derivatives for the whole world in perpetuity as laid out in these Terms. We shall not be liable to You or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Our business may change over time and we reserve the right to cancel or suspend our Service, in whole or in part, and to terminate your access to and use of the Website, or Service at our discretion without notice. If we terminate your Service or access to Website for conduct that we determine, in our discretion, violates the Terms, violates any applicable law, involves fraud or misuse of the Website, Service, or is harmful to our interests or another user, then you shall be liable to pay damages.
Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Services available on this Website will immediately cease and be revoked, and any Derivatives which have already been published on the Platform(s) shall remain available until perpetuity.
It is clarified that any termination shall not in any manner affect the complete ownership of the Company over the Derivatives for the whole world in perpetuity as laid out in these Terms. We shall not be liable to You or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
13. Limitation of Liability
THE COMPANY WEBSITE, CONTENT OR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING APPS) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY WEBSITE, CONTENT OR SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COMPANY WEBSITE, CONTENT OR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING APP) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY WEBSITE, CONTENT OR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY WEBSITE, CONTENT OR SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE COMPANY WEBSITE, CONTENT OR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING APPS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY WEBSITE, CONTENT OR SERVICES, COMPANY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY COMPANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY COMPANY SERVICE, INCLUDING, BUT NOT LIMITED TO PUNITIVE, SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED THE AMOUNT PAID TO YOU BY THE COMPANY.
THE COMPANY WEBSITE, CONTENT OR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING APPS) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY WEBSITE, CONTENT OR SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COMPANY WEBSITE, CONTENT OR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING APP) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY WEBSITE, CONTENT OR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY WEBSITE, CONTENT OR SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE COMPANY WEBSITE, CONTENT OR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING APPS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY WEBSITE, CONTENT OR SERVICES, COMPANY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY COMPANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY COMPANY SERVICE, INCLUDING, BUT NOT LIMITED TO PUNITIVE, SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED THE AMOUNT PAID TO YOU BY THE COMPANY.
14. Miscellaneous
In addition to any exclusion provided by applicable law, Company shall be excluded from any liability for non-delivery or delay in delivery of products, Content, or Services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms, these Terms shall take precedence. If you learn that any Derivative is subject to a threatened or actual third-party claim of infringement, violation of another right, or any other claim for which Company, or any of their respective affiliates may be liable, you will promptly notify Company of any such claim. The Terms which by their nature require survival shall survive the termination or expiration of your use of the Website and/or the Service. Nothing in these Terms, express or implied, is intended to or shall confer upon any other third party any rights, benefits or remedies of any nature whatsoever.
In addition to any exclusion provided by applicable law, Company shall be excluded from any liability for non-delivery or delay in delivery of products, Content, or Services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms, these Terms shall take precedence. If you learn that any Derivative is subject to a threatened or actual third-party claim of infringement, violation of another right, or any other claim for which Company, or any of their respective affiliates may be liable, you will promptly notify Company of any such claim. The Terms which by their nature require survival shall survive the termination or expiration of your use of the Website and/or the Service. Nothing in these Terms, express or implied, is intended to or shall confer upon any other third party any rights, benefits or remedies of any nature whatsoever.
15. Electronic Communications
When you use the Website, Content or Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
When you use the Website, Content or Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16. Advertisements
From time to time, the Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any Substitute Terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. Company assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
From time to time, the Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any Substitute Terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. Company assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
17. Third Party Sites, Information and Content at the Website
This Website may redirect or link to other websites on the internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Website or party by us, or any warranty of any kind, either express or implied.
This Website may redirect or link to other websites on the internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Website or party by us, or any warranty of any kind, either express or implied.
18. International Use, Sanctions and Export Policy
Although this Website may be accessible worldwide, Company makes no representation that materials on this Website are appropriate or available for use in locations outside India. Those who choose to access this Website from other locations do so on their own initiative and at their own risk. If you choose to access this Website from outside India, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the internet. Any offer for any Services, and/or information made in connection with this Website, is void where prohibited. You may not use any Website or Services if you are the subject of Indian sanctions or of sanctions consistent with Indian law imposed by the governments of the country where you are using the Website or Services. You must comply with all Indian or other export and re-export restrictions that may apply to goods, software, technology, and services.
Although this Website may be accessible worldwide, Company makes no representation that materials on this Website are appropriate or available for use in locations outside India. Those who choose to access this Website from other locations do so on their own initiative and at their own risk. If you choose to access this Website from outside India, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the internet. Any offer for any Services, and/or information made in connection with this Website, is void where prohibited. You may not use any Website or Services if you are the subject of Indian sanctions or of sanctions consistent with Indian law imposed by the governments of the country where you are using the Website or Services. You must comply with all Indian or other export and re-export restrictions that may apply to goods, software, technology, and services.
19. Jurisdiction and Governing Law
These Terms shall be construed, governed and enforced under the laws of India. You agree that venue for all actions, relating in any manner to these Terms, shall be Hyderabad, India. Each party agrees that a final judgment in any such action.
These Terms shall be construed, governed and enforced under the laws of India. You agree that venue for all actions, relating in any manner to these Terms, shall be Hyderabad, India. Each party agrees that a final judgment in any such action.
20. Take Down Notices & Claims
We respect the intellectual property rights of others, and we ask you to do the same. In the event any content infringes or violates your intellectual property rights, write to us via email at:
By e-mail to: hello@designient.com
We respect the intellectual property rights of others, and we ask you to do the same. In the event any content infringes or violates your intellectual property rights, write to us via email at:
By e-mail to: hello@designient.com
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