Upshot Ideas Technology Lab LLP, having place of business at Flat 4, Anuroop Apartments, Right Bhusari Colony, Kothrud, Pune - 411038 (“Company”, “We”, “Us”, “Our”), on behalf of itself and its group companies/affiliates is the author, owner and publisher of the internet resource dragonflydatahq.com or such other name or title that the Company may from time to time determine (together “Website”). This document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and is generated by a computer system and does not require any physical or digital signatures. This document is published and shall be construed 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 user agreement for access or usage of dragonflydatahq.com.
For the purpose of these Terms of Use, wherever the context so requires "you", “your” or "User" shall mean any natural or legal person who accesses, browses, uses or subscribes to our Website, agrees to become a buyer on the Website or avails or offers to avail any of our solutions or services. Your access to or use of this Website together with all its webpages, hyperlinks or references is governed by and subject to the following terms and conditions (“Terms of Use”, “Terms”). By accessing, viewing, browsing, using, transacting through this Website or availing any products, services or other facilities through this Website, you agree that you have read, understood and agree to be bound by these Terms and also such other terms, conditions, rules, regulations, policies, etc. that are relevant and applicable to your access, use, browsing, subscribing, transacting business through the Website, or availing any products, services through the Website and such other terms, conditions, rules, regulations, policies shall be deemed to be incorporated into these Terms and shall be considered a part of these Terms. Company reserves the right, at all times, to modify, change, amend, delete any portion of these Terms without any obligation to notify you or any other user of the Website of such modification, change, amendment or deletion. If you do not agree with these Terms of Use, please do not access or use the Website.
These Terms govern your access or usage of the Website and all other services offered through the Website (together “Services”).
Eligibility
The Website may only be used by persons competent to enter into a contract as per the Indian Contract Act, 1872. You shall not be permitted to use or conclude any transactions on the Website if you do not conform to the qualifications to enter into a contract as specified under the Indian Contract Act, 1872 or as per any other applicable law for the time being in force. By using or accessing the Website, you hereby represent that you are competent to enter into a contract. In case of use of the Website by minors, the parents/legal guardians of such minors must agree to these Terms. In case of access or use of the Website by minors, it shall be presumed that such access and use is subject to the supervision and control of the parents/legal guardians and that they have accepted these Terms. The Company, shall at all times, reserve the right to refuse or restrict your access or use of the Website in the event the Company learns of your incompetency to enter into a contract. THE COMPANY SHALL NOT, IN ANY MANNER, BE HELD RESPONSIBLE FOR THE CONSEQUENCES THAT MAY ARISE IN CASE OF YOUR INCOMPETENCY TO ENTER INTO THIS CONTRACT OR TO ACCEPT THESE TERMS.
Restrictions
Your access and use of the Website shall be subject to restrictions and the following activities would, at all times, be strictly prohibited:
a.Use of any abusive, threatening, blasphemous, obscene, vulgar, hateful, libelous language, derogatory remarks against anyone based on any discrimination related to race, religion, caste, sex, sexual preference, political ideology or any other discriminatory factor.
b.Stalking or attempting to stalk or any other form of harassment.
c.Introducing or attempting to introduce any virus, malware, spyware, trojan horse, bugs, worms, spam, ransomware on the Website or the Company’s networks, servers, or committing any act that would interfere with any other person’s access and use of the Website.
d.Knowingly submitting any false details or information during registration or further use, gaining or attempting to gain unauthorized access to the Website by submitting false information or otherwise.
e.Breach of third party confidential information or intellectual property rights.
f.Knowingly disassembling, decompiling or reverse engineering any software of the Company through the Website, attempting to do so or permitting others to do so, including without limitation by (i) converting/translating the Company’s software from machine readable to human readable form or any approximation thereof, (ii) by examining the object code and creating an original source code, for example, by studying Company’s software’s behavior in response to a variety of inputs.
g.Using the Website to host, upload, modify, publish, transmit, store, update or share any information, which :
-Violates any applicable law for the time being in force.
-Infringes any patent, trademark, copyright or other proprietary or intellectual property rights.
-Belongs to any other person and such that the User does not have a right to such information.
-Is derogatory or discriminatory towards a person or a class of persons.
-Is pornographic, pedophilic, invasive of another‘s privacy, relating or encouraging money laundering or gambling, any other unlawful activities or otherwise inconsistent with or contrary to the laws in force.
-Is threatening to the unity, integrity, sovereignty, peace and safety of India or impacts or is likely to impact India’s relations with any foreign states and nations.
The Company shall not be responsible, in any manner whatsoever for any claims, losses or causes of action arising out of or in relation to your use of the Website.
Company reserves the right, without notice, to delete any content posted by you on the Website, which is inappropriate content in the discretion of the Company. The Company also reserves the right to block, restrict or regulate your access to the Website or any parts of the Website, without being obligated to provide you an intimation or explanation for the same.
During your use or access of the Website, you must at all times ensure compliance with all applicable provisions of the Information Technology Act, 2000, all applicable Rules thereunder and all applicable laws and regulations for the time being in force.
You shall immediately report to the Company any unauthorized use or infringement of the Company’s Website that comes to its attention. If you believe or have reason to believe that any content, data, information on the Website is illegal, offensive, defamatory, sexually explicit, harmful to sentiments, discriminatory, obscene, indecent, provocative, threatening to the safety and security of any person or group of persons, in breach of confidentiality or third party intellectual property or inappropriate in any manner whatsoever, you shall notify Us immediately at info@upshotideas.com. The Company will exercise its best endeavors and judgment to investigate into the matter and take down such inappropriate content from the Website, if deemed necessary.
Intellectual Property
All content, materials, and software on the Website, including but not limited to the design, text, graphics, logos, images, and code, are the exclusive property of Upshot Ideas Technology Lab LLP or its licensors, and are protected by copyright, trademark, and other intellectual property laws. You may not copy, distribute, modify, or create derivative works from any of the content available on the Website without the express written permission of the Company.
Use of Services
You agree to use the Website and Services only for lawful purposes and in accordance with all applicable laws and regulations. You must not engage in any conduct that could harm, disable, overburden, or impair the Website or interfere with other users' enjoyment of the Services.
User Account
To access certain features of the Website and participate in Tournaments, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials (e.g., username and password), and you agree not to share your credentials with any third party. You agree to immediately notify the Company of any unauthorized use of your account.
Personal Information
By using the Website, you agree to the collection, use, and disclosure of your personal information as described in our Privacy Policy. The Company will handle your personal information in accordance with applicable laws and the Privacy Policy.
Confidentiality
You agree to keep confidential all information that is not publicly available and that you may receive or access while using the Website and Services. This includes, but is not limited to, information about the Company's business operations, technology, and any other proprietary or confidential information.
Indemnity
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising out of your use of the Website, violation of these Terms of Use, or infringement of any intellectual property or other rights.
DISCLAIMERS
The Website and Services are provided on an “as is” and “as available” basis without any warranties, express or implied. To the fullest extent permitted by law, the Company disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You agree to avail the Services through this Website out of your own free will and that we have not forced, influenced, compelled or pressurized you, in any manner whatsoever for the same. We do not guarantee or promise any desired or expected results, outcomes, success or end-results from the use of Our Services or Website.
The Company may, based on any form of access to the Website or registrations through any source whatsoever, contact the User through SMS, e-mail, call or other communication media, to give information about its Services as well as notifications on various important updates and/or to seek permission for demonstration of its Services. The User expressly grants such permission to contact him/her and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) or Do not Disturb (DND) database. By registering yourself, you agree to make your contact details available to Our employees, associates and partners so that you may be contacted for information and promotions through telephone, SMS, e-mail etc.
The Company provides the Website to you for use on an “as is” basis. Company makes no representations or warranties of any kind, express or implied, as to the information, content, services, materials, or products included on the Website. You expressly agree that your use of this Website is at your sole risk. While the Company shall attempt to employ reasonably good measures to ensure that the Website is free from viruses or other harmful contents, the Company does not warrant that the Website shall at all times be safe for your use or free from viruses or harmful content.
The Company hereby disclaims to the maximum extent permitted under law, any liability or responsibility for:
-Inaccuracies, errors, mistakes or flaws displayed on the Website.
-Any cessation, obstruction, interruption, hurdle, impediment or hindrance of any kind experienced by you in your access or use of the Website.
-Any bugs, viruses or malware transmitted by any third party through the Website, without the Company’s knowledge or in the absence of any fault or involvement of the Company.
-Hacking or unauthorized usage of the Website by third party.
-Any personal injury or damage to person or property caused by the use and access of the Website by the User or any third party.
Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. The Company shall not be responsible for any acts or omissions of the Users or any third parties.
Access to certain elements of the Services may be subject to separate terms and conditions. The Company reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Services or registrations do not automatically entitle the User to any and all elements of Services provided by the Company and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. The Company reserves the right to extend, cancel, discontinue, prematurely withdraw or modify any of the Services at its sole discretion.
Payments and Purchases
The Services shall be made available or may be availed as per these Terms, to persons (natural or legal), intending to avail the Services. Certain features or Services provided by the Company may require payment. Any payments made through the Website are subject to the terms and conditions of the third-party payment processors.
To facilitate payments, you may be asked to supply certain information relevant to your transaction, including without limitation, your name, age, address, contact details like phone numbers and email IDs, details of your employer, your credit or debit card number, the expiration date of your card or other details of such nature. By submitting any content, data or information on or through the Website (your “Material”), you grant Us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate your Material with you for the purpose of providing you Services. The Company does not store your payment related Material except as required to process or facilitate payments through the third-party payment processors. Company is not responsible for any issues or disputes between you and the third-party payment processors. By submitting your information, you grant us the right to provide the information to these third parties. We may also use third-party service providers to monitor and analyze the use, including your use of Our Services.
You shall solely be responsible for the accuracy, correctness and completeness of all such payment related details. During your transactions through the Website for the use of the Services provided by third parties, you may also be subject to certain other additional terms, conditions, rules, notices, guidelines, disclaimers etc. You agree to be bound by such additional terms, if any.
You understand that in case of any payments made through the Website, you shall be redirected to a separate third party payment getaway webpage. Any correspondence, transactions, sale, purchase, use or access of such third party webpages or websites shall be solely between you and the third party involved. The Company shall have no responsibility for any of your correspondence, transaction or activity on such third party webpages or websites. You shall solely be responsible for your compliance or non-compliance with any additional applicable terms, conditions, rules, policies etc. of such third party webpages or websites. Company is not responsible for any loss or damage caused to the User during this process as these banks, payment gateways, payment aggregators are third parties and are beyond the control of the Company. Any dispute in connection with such third party transactions, shall be settled between the Users and the respective third parties, including without limitations, banks, payment gateways, payment aggregators or network operators without involving the Company.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply, to the extent of such conflict.
Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use or inability to use the Website or Services, even if the Company has been advised of the possibility of such damages. Except as prohibited by law, if there is liability found on the part of Company, it will be limited to the amount paid for the Services during the six months period prior to the date of the claim, and under no circumstances will there be consequential or punitive damages payable by the Company.
You hereby absolutely and unconditionally release and forever discharge the Company and any and all of its parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents and employees of any of the foregoing (together “Released Parties”), from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which you have had, now have or have made claim to have against any such entity or person arising out of a dispute between you and a third party (including other Users) in connection with the Services and/or the Website, any feedback or suggestions provided by you or any of your content or information.
Use of Tracking Technologies
The Company may use tracking technologies including but not limited to cookies and web beacons to collect information such as your browsing behavior, your activity on the Website, internet protocol address of your computer system, date, time, frequency, duration of your access to the Website, etc. The Company shall collect this information solely for the purpose of understanding your preferences, inclinations towards specific Services on the Website and thereby providing you appropriate suggestions as per your choices and likings to enhance your experience with Us.
Force Majeure
The Company is not liable for failure to perform any of its obligations, if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, epidemics and pandemics, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service or any other reasons beyond the reasonable control of the Company.
Termination
The Company reserves the right to suspend or terminate your access to the Website and Services at any time, with or without cause, and without notice, if you violate these Terms of Use or if the Company determines, at its sole discretion, that your continued use of the Website or Services is harmful to the Company or other users.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
Jurisdiction
Any dispute arising from or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts located in Pune, India. You consent to the personal jurisdiction of such courts and waive any objections to the venue of such courts.
Changes to the Terms of Use
The Company reserves the right to modify, amend, or update these Terms of Use at any time. Any changes will be posted on this page, and the updated Terms of Use will be effective immediately upon posting. It is your responsibility to review these Terms of Use periodically to stay informed of any changes.
Contact Information
For any questions or concerns regarding these Terms of Use, please contact us at info@upshotideas.com.