User Policy of DIGINXTHLT Solutions
Last updated: July, 2021
Privacy Policy
DIGINXTHLT respects your privacy and recognizes the need to protect the personally
identifiable information (any information by which you can be identified, such as
name, address, and telephone number) you share with us. We would like to assure
you that we follow appropriate standards when it comes to protecting your privacy
on our Application, Website, its services and products vide this Policy and same
should be read along with the Terms of Service (“ToS“) so provided on our
Application and our on the Website. In such regard, This Privacy Policy along with
ToS describes Diginxthlt Solutions its subsidiaries and affiliates, practices regarding,
including your choices in relation to how we collect, store, use, share and secure your
personal information across our application/website. It also describes your choices
regarding use, access and correction of your Personal Information and your rights in
relation to your personal information and how to contact us or supervisory authorities
in the event you have a complaint.
The terms DIGINXTHLT“we,” “us,” and “our” means Diginxthlt Solutions and
our affiliates. We use the terms “you” and “your” to mean any person who is
parent/guardian and their minor/ward, using our Platform, and any organization or
person using the Platform on an organization’s behalf. For the purpose of this Privacy
Policy, we use the word Platformto mean any website, mobile site(s) and mobile
app(s), application, or service offered by DIGINXTHLT including content we offer
and electronic communications we send.
1. COLLECTION OF INFORMATION
1.1 Information You Provide to Us
We collect the information so provided by you directly to us. For example, we
collect information you provide when you create an account, fill out a form, or
communicate with us and same is considered as ‘Personal Information’ and
‘Associate Information’ in lines with Information Technology (Reasonable
security practices and procedures and sensitive personal data or information)
Rules, 2011. The said types of information we may collect may be private to vide
way of subscription or registration on the Application/Website, including but
not limited to information about:
1.1.1. Name, gender, age and contact details (i.e. email address and registered
mobile number) of You as the parent/guardian of minor/ward in
question.
1.1.2. Provision of password and confirmation of the same as well as
confirmation of your provided contact details (i.e. Registered email
address) through such email verification.
1.1.3. Summary or selection of minor/ward’s educational requirements and
interests.
1.1.4. User data, images, gifs, videos etc. and inquiry related information so
volunteered and put forth in scope of learning, discussion, queries,
doubts, surveys, tests and examination or and any other information You
may choose to provide.
1.1.5. Publicly and commercially available sources including from organizers
of events and seminars you may attend.
1.1.6. Debit Card/Credit Card/Net Banking/Other Payment and other
payment method data for Application/Website usage related
purchases/services. In case of payments via credit or debit card, we will
redirect you to DIGINXTHLT Associated registered third party payment
gateways. You may store and save your payment details like card
numbers with the gateway. DIGINXTHLT will not have access to this
data. All payment transactions are processed through secure payment
gateway providers.
1.2 When you use our Platform, we automatically collect information about you,
including:
1.2.1 Log Information: We collect log information about your use of the Platform,
including the type of browser you use, access times, pages viewed, your IP
address, and the page you visited before visiting our Platform.
1.2.2 Device Information: We collect information about the computer or mobile
device you use to access our Platform, including the hardware model,
operating system and version, unique device identifiers, and mobile
network information. This may include Device identification (“ID”), which
is a distinctive number associated with a desktop, laptop, smartphone or
similar mobile or handheld device, but is different than a hardware serial
number.
1.2.3 Location Information: We may collect information about the location of
your device each time you use our Platform, or when you otherwise
consent to the collection of this information.
1.2.4 Information Collected by Cookies and Other Tracking Technologies: We
and our service providers collect information using various technologies, p
including cookies and pixel tags (which are also called clear GIFs, web
beacons, or pixels). Cookies are small data files stored on your hard drive
or in device memory that help us improve our Platform and your
experience, and track usage of our Platform. Pixel tags are electronic images
that may be used in our Platform or emails, and track usage of our Platform
and effectiveness of communications. You can learn more about the types
of cookies we and our service providers use by reading our Cookie Policy.
1.2.5 Other Information: With your permission, we may collect other
information from your device, such as email, contacts of individuals you
wish to find or connect with, or calendar information you want to manage
via the Platform.
1.3 Information We Collect From Other Sources
We may collect information about you from other sources, such as through certain
features on the Platform which you have elected to use, including:
1.3.1 Social Media Services: If you register or log into your account through a
third-party social media service, we will have access to some of your third-
party account information from that service such as data received including
but not limited to personal or non-personal information from your linked
social media channels (which include but are not limited to name, email
address, friend list, profile pictures or any other information that is
permitted to be received, as authorized by that service terms and
conditions. You have the ability to disable the connection between our
Platform and your third-party account at any time.
1.3.2 Invitations: If another member sends you an invitation through our
Platform, we may receive your email address or phone number. If you are
an invited guest, we will automatically send you an invitation to our
Platform, and, if unanswered, a one-time follow-up invitation.
DIGINXTHLT stores this contact information only to send these invitations
and evaluate their success. You may opt to unsubscribe from future
invitations using the instructions in those messages. You may also contact
us at our support to request that we remove this information from our
database.
2. USE OF INFORMATION
2.1 Operating our Platform
We may use information about you for various purposes related to operating our
Platform, including to:
2.1.1 Provide suggestions to improve our Platform, including to process
transactions, and for development of new products and services;
2.1.2 Personalize the experience of the Platform;
2.1.3 Monitor and analyse trends, usage, and activities in connection with our
Platform;
2.1.4 Preparation and Maintenance of DIGINXTHLT’s internal records and
otherwise for management of our business and efficiency of performance
of the Platform;
2.1.5 Detect and alert to fake, fraudulent or defamatory or immoral information,
content, transactions, abuse, and other illegal activities, and protect the
rights, safety of DIGINXTHLT, its members, their minor wards and others;
2.2 Communicating with You
We may use information about you for various purposes related to
communicating with you, including to:
2.2.1 Receive and respond to your comments, questions, and requests, and
provide customer service;
2.2.2 Communicate with you about products, services, and events offered by
DIGINXTHLT, affiliated and collaborating educational organizations,
scholarship providers, private & public schools, colleges and universities
at local, district, state and central government level, private and public
organisation, NGO’s and other third parties, and provide information,
offers, updates and information we think will be of benefit and interest to
you;
2.2.3 Deliver communications from other members, in accordance with the
communication preferences that you indicate in your account;
2.2.4 Send you technical notices, updates, security alerts and support, and
administrative messages;
2.2.5 DIGINXTHLT may alert you by email or phone (through sms/call/What’s
App) to inform you about new service offerings, special price offers or trial
offer, or purchase (or subsidize) products or services or other information
which it perceives might be useful for you.
2.3 Use Information Pertaining to Profile Creation
2.3.1. You may create a profile, containing information about you, which may
include Personal Information, images, photographs, academic information,
work history, your respective interests, liked activities, utility the services
and other information under the Platform ("Profile").
2.3.2. Certain information in your Profile may be made visible to certain third
parties or to everyone, as the case may be, depending on the nature of the
information and the privacy settings opted for by You when signing in and
setting up your account on the Platform.
2.3.3. Based on developments and requirements of DIGINXTHLT to enhance
your experience, the information in your Profile may be designated and
directed to be made accessible other than through the Platform, which may
another app or an application programming interface (API), as the case
may be or indexed for display by internet search providers targeting
specific proper noun or common noun nomenclature searches concerning
information on your Profile and control and frequency update of indexes
of such third-party search engines update their indexes, is beyond scope of
DIGINXTHLT;
2.3.4. In order to optimise and provide the highest quality services and facets of
the Platform are so made available to you, it is agreed and understood that,
in lines with parties as envisaged in Clause 2.2 of this Policy, that such
parties may be permitted and able to review certain information in your
Profile for provision of certain services by DIGINXTHLT on the Platform,
which may be shared automatically. DIGINXTHLT does not share your
contact information (email, full postal address or phone number) with
those third parties unless you specifically request or agree to the sharing of
the same.
2.3.5. DIGINXTHLT Public Forum: The Services may provide you the
opportunity to participate and post content publicly in forums, through
interactive features and through other communication functionality
("DIGINXTHLT Public Forums") through utility of such Platform’s
specific features to submit or post directed queries, constructive reviews,
problems, suggestions, ideas, solutions, questions, answers, class notes,
course outlines, comments, testimonials, feedback, messages, images,
videos, text or other material ("User Content"). Your User Content may also
be posted in your Profile. Note: User Content for review or for instruction
from another user or designated party, as case may be, as part of service
under the Platform, may be subject to public display associated to the
Profile of the said user od designated party,
2.4 Advertising and Other Uses: We may use information about you for various other
purposes, Private Including to:
2.4.1 Provide advertisements, content, or features that match member profiles or
interests;
2.4.2 Facilitate contests and other promotions;
2.4.3 Combine with information we collect for the purposes described in this
Privacy Policy; and
2.4.4 Carry out any other purposes described to you at the time the information
was collected.
3. SHARING OF INFORMATION
4.1 Through our Platform
In lines with Clause 2.2 and 2.3 of this Policy, DIGINXTHLT will share some of
the information we collect by displaying it on our Platform according to your
member profile and account settings. Some information, such as user name, will
be always public in nature. Some information, such as interests, is public by
default but can be hidden on our Platform. Some information, such as group
memberships, will always be visible to other members of that DIGINXTHLT
group, and may be public, depending on the settings of that group.
4.2 With Our Service Providers
We may use service providers in connection with operating and improving the
Platform to assist with certain functions, such as payment processing, email
transmission, conducting surveys or contests, data hosting, managing our ads,
and some aspects of our technical and customer support. We take measures to
ensure that these service providers access, process and store information about
you only for the purposes we authorize, subject to confidentiality obligations.
4.3 Legally Mandated Disclosure
3.3.1 We may access, preserve, and disclose to third parties information about
you if we believe disclosure is in accordance with, or required by,
applicable law, regulation or legal process. We may also disclose
information about you if we believe that your actions are inconsistent with
our Terms of Service or related guidelines and policies, or if necessary to
protect the rights, property or safety of, or prevent fraud or abuse of,
DIGINXTHLT, its members, their minor wards or others.
3.3.2 DIGINXTHLT may share your information when we believe in good faith
that such sharing is reasonably necessary in order to investigate, prevent,
or take action regarding possible illegal activities or to comply with legal
process. We will retain your personal data for as long as we deem it
necessary to enable you to use our services, to provide our services to you
(including maintaining the online user account (if created), to comply with
applicable laws, resolve disputes with any parties and otherwise as
necessary to allow us to conduct our business, including to detect and
prevent fraud or other illegal activities.
3.3.3 DIGINXTHLT may also share your information to investigate and address
threats or potential threats to the physical safety of any person, to
investigate and address violations of this Privacy Policy or the Terms of
Service, or to investigate and address violations of the rights of third parties
and/or to protect the rights, property and safety of DIGINXTHLT, our
employees, users, or the public. This may involve the sharing of your
information with law enforcement, government agencies, courts, and/or
other organizations on account of legal request such as court
summons/notice/warrant, court order or government/statutory
requirements to comply with the law.
4.4 Social Sharing and Other Tools
The Platform may offer social sharing features and other integrated tools which
let you share and monitor actions you take on our Platform with third-party
services, and vice versa enabling you to "like" a product within our Services or
"share" content to other web sites. Where you opt to "like" or "share" content or to
otherwise post information from or via the Platform to a third party web site,
feature or application, that information may be publicly displayed, and the third
party web site may have access to information about you and your use of the
Platform. Such features let you share information with your fellow members or
the public, depending on the settings you have chosen with the service. The
service’s use of the information will be governed by their privacy policies, and we
do not control their use of the shared data. These features may collect your IP
address or other Device Identifier, which page you are visiting on our web site,
and may set a cookie to enable the third party feature to function properly. For
more information about the purpose and scope of data collection and processing
in connection with social sharing features, please review the privacy policies of
the third party services providers of these features.
4.5 Affiliate Sharing and Merger, Sale, or Other Asset Transfers
If DIGINXTHLT is involved in a merger, acquisition, financing, re-structuring,
reorganization, bankruptcy, or sale of our assets, information about you may be
shared, sold, or transferred as part of that transaction. We may also share
information about you with current or future corporate parents, subsidiaries, or
affiliates.
4.6 Third Party Specialists
DIGINXTHLT may hire a third party for industry specific market research,
monitoring site activity, processing of payments, maintaining our database,
administering emails, administering contents and conduction of surveys and
DIGINXTHLT will provide information to these third parties specifically for use
in connection with these projects. The information (including aggregate cookie
and tracking information) we provide to such third parties, alliance partners, or
vendors are protected by confidentiality agreements and such information is to be
used solely for completing the specific project, and in compliance with the
applicable regulations.
4.7 Security of Personal Information
4.7.1. DIGINXTHLT has incorporated and set up appropriate security measures to
prevent your Personal Information from being accidentally lost or used or
accessed unlawfully. Processing your Personal Data will be done only in an
authorised manner and subject to a duty of confidentiality. We also have
internal procedures to address any suspected data security breach. We will
notify you a suspected data security breach where we are legally required to
do so.
4.7.2. Notwithstanding anything contained anywhere in this Agreement;
DIGINXTHLT cannot assure the absolute security to your Personal
Information and by entering into or by logging into the Platform, you
explicitly agree not to sue us for any data breach.
4.8 Other Situations
We may share de-identified or aggregated information about you. We may also
share information about you with your consent or at your direction.
4. OPTIONAL FACETS OF CHOICE
4.1 Analytics and Advertising Services Provided by Others
In lines with Clause 2.4 of this Policy, by exercising such choice regarding interest-
based advertising, you may still receive advertisements, but the network from
which you opted out will no longer deliver ads tailored to your interests. You
should also know that logging out of your user account will not actually mean
that you opt out of personalized advertisements. We may allow others to use
cookies, web beacons, device identifiers, and other technologies to collect
information about your use of the Platform and other websites and online
services. See our Cookie Policy for details about these technologies and the
information that they collect, use, or share, including how you may be able to
control these services or opt out.
4.2 Your Choices: Account Information
4.2.1 DIGINXTHLT provides venue for you to review, change or delete personal
information that we have collected from you by editing your account settings
or by sending communication through _____ on the Platform. We shall not
reject for your request for review, update, correct, and delete your personal
information subject legal restrictions of territorial jurisdiction, unless:
4.2.1.1. Means of communication of request is expressly abusive or
unreasonably excessive;
4.2.1.2. Where your request stands to infringe on the rights or safety of another
person or persons; or
4.2.1.3. If the information or material which is the subject matter of your
pertains to any existing or anticipated legal proceedings between you
and DIGINXTHLT; or
4.2.1.4. Where the execution of your request jeopardise negotiations between
DIGINXTHLT or any investigation of possible unlawful activity.
4.2.2 You have permanently delete or deactivate your account by editing your
account settings or by sending communication through _____ on the Platform.
Such voluntary deletion of your DIGINXTHLT account will lead to loss
possible deletion and loss of for public view. DIGINXTHLT may retain certain
information as needed to comply with our legal obligations or for legitimate
business purposes, such as to resolve disputes and enforce our legal rights. We
may also retain cached or archived copies of information about you for a certain
period of time. Thereafter, we will either delete your personal information or
de-identify it so that it is anonymous and not attributed to your identity as
envisaged in ‘Legally Mandated Disclosure’ of this Privacy Policy.
4.3 Your Choices: Location Information
When you first access the Platform, you may be asked to consent to our collection
of location information. If you do not consent to this collection, you may not be
able to use our mobile application. You can stop the collection of location
information at any time from a particular device by changing the settings on that
device, but note that our Platform or its features may no longer function properly
if you do.
4.4 Your Choices: Cookies
Most devices and web browsers are set to accept cookies by default. If you prefer,
you may be able to remove or reject browser cookies. Please note that if you choose
to remove or reject cookies, this could affect the availability and functionality of
our Platform.
4.5 Your Choices: Promotional Communications
You may opt out of receiving promotional messages from DIGINXTHLT by
following the instructions in those messages or by adjusting the communication
preferences that you indicate in your account. If you opt out, we may still send
you non-promotional messages, such as those about your account or our ongoing
business relations.
4.6 Geocentric Privacy Specifications
4.6.1 DIGINXTHLT is based in India and information so collected shall be
governed by laws of Republic of India. By accessing or using the Platform or
otherwise providing information to us, you consent to the processing,
transfer, and storage of information within Republic of India and other
countries, where you may not have the same rights and protections as you
do under local law
4.6.2 California Privacy Rights
If you are a California resident, you have the right to request information
from us about how we may share certain categories of your information with
third parties, for the third parties' direct marketing purposes. To exercise this
right, please contact us at support@diginxthlt.com with "California Privacy
Rights" in the subject line to receive such information.
4.6.3 European Union Data and Privacy Rights
Where required by European law, DIGINXTHLT shall only transfer personal
data to recipients offering an adequate level of data protection. In these
situations, as may be required, DIGINXTHLT make contractual
arrangements to ensure that your personal data is still protected in line with
European standards. You can ask us to see a copy of these contractual
agreements using the contact at support@diginxthlt.com . with "European
Union Data and Privacy Rights" in the subject line to receive such information.
4.6.4 China Privacy Rights
DIGINXTHLT will maintain the confidentiality of your information, but
may provide or transfer your information to third parties as detailed above
under "How do We Use Information" and Disclosure of Information Shared
which may include transferring your information to persons to whom
DIGINXTHLT are required to make disclosures to under applicable law
within or outside China. DIGINXTHLT will generally maintain your
information on servers in India, or any other data centres outside the
People’s Republic of China.
4.7 Security
We employ measures designed to protect information about you, both during
transmission and once we receive it. For example, we use firewalls designed to
protect against intruders and test for network vulnerabilities. However, no
method of transmission over the internet or method of electronic storage is
completely secure.
4.8 Policy Scope
This Privacy Policy does not apply to information you provide to third parties,
such as members of DIGINXTHLT, and others with whom you may share
information about you. Our Platform may direct you to a third-party service or a
portion of our Platform controlled by a third party (typically through the use of a
frame or pop-up window separate from other content on our Platform).
Disclosure of information to these third parties is subject to the relevant third
party’s privacy policy. DIGINXTHLT shall bear no responsibility whatsoever for
the third-party privacy policy or content, even if we link to those services from
our Platform.
4.9 Consent
By submitting data to us or our agent or using the Site, you consent to our use of
your data in the manner set out in this Privacy Policy.
4.10 Conditions of Use
DIGINXTHLT does not warrant that this Platform, website, application or API, its
servers, or email sent by us or on our behalf are virus free. DIGINXTHLT will not
be liable for any damages of any kind arising from the use of this website,
including, but not limited to compensatory, direct, indirect, incidental, punitive,
special or consequential damages, loss of data, goodwill, business opportunity,
income or profit, loss of or damage to property and claims of third parties.
4.11 Governing law and Jurisdiction
In the event of any dispute arising between the parties with respect to this Privacy
Policy, the same shall be referred to the Sole Arbitrator and the arbitration shall be
in accordance with Arbitration and Conciliation Act of 1996 (or such subsequent
Act or amendment as per laws of India). The language of arbitration proceeding
shall be English. The seat and place of arbitration shall be Bangalore and the
decision of the Arbitrator shall be final and binding on both parties herein. This
Policy and terms and conditions therein shall be subject to the exclusive
jurisdiction of courts in Bengaluru, Karnataka, India and shall be governed by the
Indian laws.
4.12 Revisions to this Policy
We may amend this Privacy Policy from time to time. When we do, we will
provide notice to you by publishing the most current version and revising the date
at the top of this page. If we make any material change to this policy, we will
provide additional notice to you, such as by sending you an email or displaying a
prominent notice on our Platform. By continuing to use the Platform after any
changes come into effect, the revised Privacy Policy shall by effect apply to you.
4.13 Contact Us
If you have any questions about this Privacy Policy, please contact us at
at support@diginxthlt.com
Terms of Service
This Terms of Servicehas some essential information about the terms and plicies
you need to read agree and follow before using DIGINXTHLT’s Platform. The terms
and policies are described in this ‘Terms of Service’ that includes related policies and
guidelines discussed below. DIGINXTHLT may amend these terms and policies
whenever it is found so necessary to maintain and improve our relationship and
service requirements. This ‘Terms of Service’ is an “agreement between You and
DIGINXTHLTand not between you and any other member/user of DIGINXTHLT
Platform. However, the instant ‘Terms of Service’ may contain parcel and parcel
certain guidelines, rules and benefits that are applicable and binding upon You
towards other member/users of DIGINXTHLT. For the purpose of this Privacy Policy,
we use the word Platform”.
Your use/access/browsing of the Platform or the Services or products therein or
registration (with or without payment/with or without subscription) on the Platform
through any means shall signify Your acceptance of this Terms of Service Terms and
Your agreement to be legally bound by the same. DIGINXTHLT has the right to
amend these Terms of Service from time to time without notice and without liability
to you or any third party
1. AGREEMENT
1.1 The Agreement: DIGINXTHLT enables you and other subscribers/members to _
experience and utilise technological avenues and solutions for promotion of
mental and physical health and wellness digitally through various platforms.
The terms DIGINXTHLT we,” “us,” and “our” means DIGINXTHLT LLP.
and our affiliates. We use the terms “you” and “your” to mean any person using
our Platform, and any organization or person using the Platform on an
organization’s behalf. We use the word “Platform” to mean any website, mobile
site(s) and mobile app(s), application, or service offered by DIGINXTHLT
including content we offer and electronic communications we send. We provide
our Platform to you subject to these Terms of Service. We use “Terms of Service”
and “Agreement” interchangeably to mean this document together with our
Usage and Content Policies, Group Policies, Organizer and Leadership
Standards, Member Restrictions, Payment Policies, and Trademark Usage
Guidelines.
Your use of the Platform signifies that you have read and agreed to this
Agreement. If you are using the Platform for an organization, you agree to this
Agreement on behalf of that organization, and represent you have authority to
bind that organization to the terms contained in this Agreement. If you do not or
are unable to agree to this Agreement, do not use our Platform.
1.2 Revisions to this Agreement: We may amend or modify this Agreement from time
to time. When we do, we will notify by publish the most current version with its
revised date. If we make any material change to this Agreement, we will provide
additional notice to you, such as by sending you an email or displaying an
important notice on our Platform or any other method as may updated from time
to time. By continuing to use the Platform after any changes come into effect, you
agree to the revised Agreement.
2. YOUR ACCOUNT AND MEMBERSHIP
2.1 Eligibility: The minimum requirement for a person registration for membership
and utility of the services on the Platform, meeting the pre-requites required by
such person to form legally binding contracts as per the Indian Contract Act, 1872
and DIGINXTHLT will accept your representation such minimum pre-requisites
while sign up formalities based on principle of assumption of truthful
representation. Persons who are minors, un-discharged insolvents etc. are not
eligible to register for Our products or Services. As a minor if You wish to use Our
products or Services, such use shall be made available to You by Your legal
guardian or parents, who has agreed to these Terms. In the event a minor utilizes
the Platform, it is assumed that he/she has obtained the consent of the legal
guardian or parents and such use is made available by the legal guardian or
parents and all the data provided on the Platform by You is accurate and complete.
Additional eligibility requirements for some particular portions of our Platform
may be laid down by any member who has created or been vested with the
capacity to moderate or administer that section of our Platform.
2.2 Account Registration: Please read the DIGINXTHLT’s Privacy Policy (‘Privacy
Policy’) with respect to registration with DIGINXTHLT, the use of the Platform
and services and products therein before using the same. In the event of any
discrepancy between the Terms of Service and any other policies with respect to
the Platform, the provisions of the Terms of Service shall prevail.
2.3 Suspension of Your Account. We in our sole discretion, may modify, suspend or
terminate your account or right to use the Platform if we establish that you have
dishonoured this Agreement, including any of the policies or guidelines that are
part of this Agreement, that are in the best interest of the DIGINXTHLT
community, or to protect our brand or Platform. We also may do away with
accounts of members who are inactive for an extended period of time subject to
issuance a one-time notification. A member who has the ability to moderate or
administer a particular portion of our Platform in his or her sole discretion also be
vested with the ability to amend, suspend, or terminate your access to that portion
of the Platform.
2.4 Termination of Account: DIGINXTHLT will reserve the right to terminate your
registered Membership on the Platform and / or refuse to provide You with access
to the products and/or services on the Platform, if it is detected that You do not
meet the criteria as per Clause 2.1.1 of Terms of Service and the consent to use the
products or Services is not made by Your parent/legal guardian or any
information provided by You is inaccurate. DIGINXTHLT shall bear no
responsible for any consequence that arises as a result of misuse of any kind of the
Platform or the services rendered therein that may occur by virtue of any person
including a minor registering for/on the same.
2.5 Account Information and Security. During the registration process, you will be
required to provide us with some basic general information amongst which will
include a registered and active email address and a password therein. Keep your
email address and other account information up to date and precise. Also, you
agree to maintain the security and confidentiality of your password, failure of
which may lead to deactivation/disablement of your DIGINXTHLT’s account.
DIGINXTHLT shall bear no responsibility whatsoever for the sharing your
registered DIGINXTHLT account credentials with other members shall be borne
by you and DIGINXTHLT and any of the consequences for such failure on your
part to maintain the security and confidentiality. In the event that it comes your
notice of unauthorised usage of your DIGINXTHLTs account information and
password, you will be required to inform us at support@diginxthlt.com within 24
hours of notification of such unauthorised usage.
3. SERVICE & PRODUCT FEES, PAYMENTS, AND OFFERS
3.1. Service & Product Fees: On perusal of display service and products offered by
DIGINXTHLT on the Platform and their respective Services & Product Fees
(’SPF’), You seek to convey interest in the said displayed/offered service or
products on the Platform, designated means on the Platform. Subject to
successful registration on the Platform and confirmation of service and/or
products by way of the Platform (‘Subscription’), DIGINXTHLT charge the
entire SPF for confirmed service and/or product on the Platform vide payment
method of credit card, debit card or net banking (Payment method’), as the case
may be, prior to time and date of commencement of rendering to You of service
and/or product by DIGINXTHLT on its Platform (Service Commencement
Time’). On receipt of the SPF, DIGINXTHLT will through the Platform linked
your respective membership Account, will generate a system invoice for selected
and confirmed service and/or product on the Platform along with subsequent
concurrent invoice from DIGINXTHLT which shall be inclusive of all applicable
Taxes. Unless otherwise stated, all SPF and all transactions on the Platform are
in United States Dollar (USD) and such applicable currency conversion fee shall
apply.
3.2. Refunds: If a Subscription on the Platform:
3.2.1. You agree that no refund of the SPF will be processed and permitted
by DIGINXTHLT in respect of a Subscription vis-à-vis Subscription
Session Period for such DIGINXTHLT services/products so made
available and accessible to You for 8 (eight) hours from the Service
Commencement Time; or
3.2.2. Is ceased or cancelled by DIGINXTHLT itself, will refund such
amounts paid by You, which shall at no juncture exceed the total SPF
3.3. DIGINXTHLT will keep you informed about the features that are free and those
that are chargeable. Where SPF apply, you are liable to pay the SPF with all/any
associated taxes for your continued use of those applicable services and/or
products on the Platform. In general service/product so entailed in a selected
Subscription is designed by DIGINXTHLT for 30 (thirty) minutes (with variation
plus or minus b of time frame based on Subscription’s facet logical ending
(‘Subscription Session Period’). Any alternate period of Subscription Session
Period shall be intimated to You prior to Service Commencement Time.
3.4. You represent and warrant that you are approved to use the payment method of
credit card, debit card or net banking (‘Payment method’) you designate via the
Platform. You authorize us and our designated third-party payment processors
to charge your designated Payment Method for the total amount of any fees
(including any applicable taxes and other charges) you owe to DIGINXTHLT. If
the payment method cannot be verified, is invalid, or is otherwise not acceptable
to us, your payment may be suspended or cancelled. In case of any errors or
mistakes, we reserve the right to correct or to instruct our payment processors to
correct, even if payment has already been requested or received. We also may
issue refunds, or instruct our payment processors to issue refunds, in accordance
with such concerned and conveyed payment polices.
3.5. Free Trials: We may offer subscriptions and other services and or/products on
our Platform on free trial basis for a limited period. We will keep you informed
of the duration of the free trial, your renewal period, along with the date and
amount of your first payment. Your paid subscription will begin and we will
only bill you for each selected Subscription session or period until cancellation
as soon as your free trial ends.
3.6. Third Party Transactions. Your DIGINXTHLT group or its members may receive
offers from third parties, such as discounts, services, courses, sponsorships, or
other benefits. DIGINXTHLT is not involved in any dealings or payments
between You and third parties, and these Terms of Service do not govern such
transactions.
3.7. Queries: In case of any assistance or queries concerning the Subscription or
Subscription Session period or SPF or Payment Method or anything less, you
make reach out and contact us at contact us at support@diginxthlt.com.
4. YOUR CONTENT AND PRIVACY
4.1. Your Content: You are solely responsible for your Content. “Content means
any information, material, posted to our Platform or otherwise provide to us
such as feedback, discussion, queries, doubts, comments, or suggestions shared
with us. You agree that you and your Content shall not violate the rights of any
third party such as copyrights, trademarks, contract rights, privacy rights, or
publicity rights, this Agreement.
4.2. Content License from You: We do not claim ownership of your Content.
However, in order to enable us to operate, improve, promote, and protect
DIGINXTHLT and our Platform, and to ensure we do not violate any rights
you may have in your Content, you hereby grant DIGINXTHLT a non-
exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable,
transferable right and license ( including a waiver of any moral rights) to use,
host, store, reproduce, amend, publish, publicly display, publicly perform,
distribute, and create derivative works of, your Content and to commercialize
and exploit the copyright, trademark, publicity, and database rights you have
in your Content.
4.3. Privacy: DIGINXTHLT collects registration and other information about you
through our Platform. Please refer to our Privacy Policy and Cookie Policy for
details on how we collect, use, and disclose this information. These policies do
not govern use of information that you provide to third parties, such as other
members of DIGINXTHLT’ Platform.
5. YOUR USE OF OUR PLATFORM
5.1 Our Policies, Guidelines and Applicable Laws: When you use our Platform, we
require that you follow these Terms of Service, Usage and Content Policies, Privacy
Policies, Restrictions, Payment Policies, and Trademark Usage Guidelines. You also
agree to comply with all applicable laws, rules and regulations, and to not violate
or infringe the rights of any third party. If you do not comply, we may amend,
suspend or terminate your account or access to the Platform, at our sole
discretion.
5.2 You shall not use Platform for any commercial purposes of any kind or in any
way that is unlawful, or harms the Company or any other person or entity as
determined by the Company
5.3 Content of Others: DIGINXTHLT does not control the Content of other members.
When we become aware of inappropriate Content on our Platform, we reserve
the right to investigate and take appropriate action, but we do not have any
obligation to monitor, nor do we take responsibility for, the Content of other
members.
5.4 Interactions with Others: DIGINXTHLT is not a party to any offline
arrangements made through our Platform. DIGINXTHLT does not conduct or
require background checks on members, and does not attempt to verify the truth
or accuracy of statements made by members. DIGINXTHLT makes no
representations or warranties concerning the conduct or Content of any
members or their interactions with you.
5.5 No Resale, No Modification: Our Platform contains proprietary and confidential
information and is protected by intellectual property laws. Unless DIGINXTHLT
expressly permits it through this Agreement, you agree not to amend, reproduce,
sell or charge a fee, offer to sell or charge a fee, make, create derivative works
based on, or distribute, decompile, reverse engineer, or disassemble the contents
of the Application and / or our Website and/or Services/ products (i.e. the
Platform) or alter, modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or sell any
information or software obtained from the Platform, or remove any copyright,
trademark registration, or other proprietary notices from the contents of our
Platform, including any data, or Content of others. If you are a developer
working with our API, you should review our API license in Section 5.8, 5.9 and
5.10 of the Terms of Service for more information on how this impacts you.
5.6 No Technical Interference with the Platform: You agree that you will not engage
in any activity or post any information or material that interferes with or
disrupts, or that is designed to interfere with or disrupt, the Platform or any
hardware used in connection with the Platform or disrupt or interfere with the
security of, or otherwise cause harm to, the Platform, materials, systems
resources, or gain unauthorized access to Membership Accounts, passwords,
servers or networks connected to or accessible through the Platform or any
affiliated or linked sites. You will not interfere with any other person or
member’s use or enjoyment of the Platform or other affiliated sites, or engage in
disruptive attacks such as denial of service attack on the Platform;
5.7 Platform Modifications: DIGINXTHLT works hard to continuously improve our
Platform. As such DIGINXTHLT has the right to change modify, suspend, or
discontinue and/or eliminate any aspect(s), features or functionality of the
Platform as it deems fit at any time without notice. You expressly agree that
DIGINXTHLT makes no commitment, express or implied, to maintain or
continue any aspect of the Platform. You agree that the Company shall not be
liable to You or any third party for any modification, suspension or
discontinuance of the Platform.
5.8 Third Party Sites and Services: The Platform contains links to third party sites,
and is integrated with various third party services, applications and sites that
may make available to you their content and products. We do not represent or
control these third parties and are not responsible for those sites or services or
their content or products. These third parties may have their own terms and
policies, and your use of them will be governed by those terms and policies.
5.9 API License: DIGINXTHLT offers an application programming interface, also
known as an “API”. Subject to your compliance with this Agreement and the
policies and guidelines that are part of this Agreement, including our Trademark
Usage Guidelines, DIGINXTHLT grants to you a limited, non-exclusive, non-
transferable, non-sub licensable, revocable license to use the DIGINXTHLT
application programming interface, including data or other Content made
available via the DIGINXTHLT API, (“DIGINXTHLT API”) solely to facilitate
the development of communication, interactions, networking, event and group
related applications using Platform data and developer tools. We refer to this
license in this Agreement as the “API License”. For any application you develop
with the DIGINXTHLT API, you agree to do the following:
5.9.1. Provide and comply with a publicly accessible privacy policy that
describes method utilised for collection, sharing, use, and retention of
user information. Your privacy policy must be held to the same standards
of protection of personal information of DIGINXTHLTmembers as that
of DIGINXTHLTPrivacy Policy.
5.9.2. Don’t cache or store data you receive via the DIGINXTHLT API for an
unreasonable amount of time given the relevance of that data and how it
is used on your application.
5.9.3. Protect any keys used to access the DIGINXTHLT API and any data you
receive via the DIGINXTHLT API against unauthorized access, use or
disclosure, and immediately report security issues to ________.
5.9.4. Clearly indicate in the application that the application uses the
DIGINXTHLT API but is not verified by DIGINXTHLT LLP.
5.9.5. Only use the most current version of the DIGINXTHLT API.
5.9.6. Only use the DIGINXTHLT API in accordance with any documentation
or other written instructions provided by DIGINXTHLT, and do not
attempt to circumvent any limitations or restrictions.
5.9.7. Do not introduce any harmful, infringing or unlawful data or material via
the DIGINXTHLT API, including viruses or other malware.
5.9.8. Don’t make unreasonable uses of the DIGINXTHLT API such as uses that
substantially replicate our Platform or significant aspects of the Platform,
or that mislead, confuse, or surprise members.
5.10 DIGINXTHLT reserves all rights not expressly granted under this Agreement.
By availing the utilisation of DIGINXTHLT API, You hereby authorize us to
monitor your use of the DIGINXTHLT API in order to verify your compliance
with the terms of this Agreement, and to operate, improve and protect the
Platform. For more documentation on usage our API, or to request an API key,
see our API page.
5.11 You may terminate this API License by discontinuing use of DIGINXTHLTAPI.
We may terminate the DIGINXTHLT API at any time for any reason. This API
License terminates automatically if (a) you violate any term of this Agreement,
(b) we provide a written notice of termination, or (c) we discontinue your access
to the DIGINXTHLT API. All sections restricting your access to and use of any
data you receive via the DIGINXTHLT API will survive any termination of these
API License terms.
5.12 Prohibited Activities: No Member on the Platform shall be act or perform any of
the following prohibited activities while accessing and utilising the Platform:
5.11.1. Any post, upload, publishment, submission or transmission any
Content that content (i) is misleading, unlawful, harmful, threatening,
abusive, tortious, defamatory, libelous, vulgar, obscene, child-
pornographic, lewd, lascivious, profane, invasive of another’s privacy;
(ii) promotes discrimination, bigotry, racism, hatred, harassment or
harm against any individual, ethnicity or group or otherwise
objectionable; (iii) infringes, misappropriates or violates a third party's
patent, copyright, trademark, trade secret, moral rights or other
intellectual property rights, or rights of publicity or privacy; (iv) is
fraudulent, false, misleading (directly or by omission or failure to
update information) or deceptive;
5.11.2. Use of any program, algorithm or methodology, deep-links, page-
scrape, robot, spider or other automatic device or any similar or
equivalent manual process, to increase traffic to the Platform;
5.11.3. Impersonate any person or entity, or falsely state or otherwise
misrepresent Your affiliation with a person or entity
5.11.4. Stalking, intimidating and/or harassing another and/or inciting other
to commit violence or is violent or threatening or promotes violence or
actions that are threatening to any other person;
5.11.5. Transmitting material that encourages anyone to commit a criminal
offence, that results in civil liability or otherwise breaches any relevant
laws, regulations or code of practice;
5.11.6. promotes illegal or harmful activities or substances;
5.11.7. Post, transmission or make available any material that contains viruses,
trojan horses, worms, spyware, time bombs, cancelbots, or other
computer programming routines, code, files flood pings, denial-of-
service attacks, backdoors, packet or IP spoofing, forged routing or
electronic mail address information or similar methods or technology
or programs that may harm the Application/services, interests or
rights of other Members on the Platform or limit access or use the
Platform in any manner that could damage, disable, overburden or
impair any of the Platform’s servers or the networks connected to any
of the servers on which the Platform is hosted.
5.11.8. Sans specific and express consent to use or control the same, the
display, publish, provide, put forth, share or make available any
content or material concerning which You have no rights under law or
concerning which You have contractual or fiduciary relationship
5.11.9. Post, transmission or make available any material that affects the
functionality of any computer software, hardware or
telecommunications, or that may harvest or collect any data or personal
information about other Users without their consent;
5.11.10. Advertising or selling on the Platform whether the same is for profit or
not, any Application or any products, services or domain names or
otherwise
5.11.11. Use any programme, device or algorithm to gain access, acquire,
reproduce, replicate observe or monitor the Platform and any content
therein through any surreptitiously obtain the same through the
Platform.
5.11.12. Intentionally or unintentionally interfere with or disrupt the services or
violate any applicable laws related to the access to or use of the
Platform violate any requirements, procedures, policies or regulations
of networks connected to the Platform, or engage in any activity
prohibited by these Terms of Service;
5.11.13. Soliciting Members or others including, without limitation,
solicitations for contributions, political funding, religious funding or
donations or use any public forum for commercial purposes and
inducements of any kind or otherwise solicit any Member or recruit by
employee of DIGINXTHLT, as the case may be, to join a competitor of
DIGINXTHLT;
5.11.14. Use of the Platform for purposes that are (i) that violates or is not
permitted by these Terms of Service; and (ii) any applicable law,
statutory guidelines, legislations, regulation or generally accepted
business practices or guidelines in the relevant jurisdiction;
6. RELEASE
You agree to release us and our officers, directors, shareholders, agents,
employees, consultants, affiliates, subsidiaries, sponsors, and other third-party
partners (referred to in this Agreement as DIGINXTHLT Parties”) from claims,
demands, and damages (direct and consequential) of every kind and nature,
known and unknown, now and in the future (referred to in this Agreement as
Claims”), arising out of or in any way connected with any transaction with a
third party, your interactions with other members, or in connection with any
group or any event, within or outside the Platform.
7. INDEMNIFICATION
You agree to indemnify, defend and hold all DIGINXTHLT, its officers, directors,
employees and agents, harmless from any claims, liabilities, damages, losses,
and expenses, including, without limitation, reasonable legal and accounting
fees, made due to or arising in any way out of (a) your violations of these Terms
of Service, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d)
your violation of any law, statute, ordinance or regulation or the rights of a third
party, or (e) your participation or interaction with any Member or a group or an
event that violates these Terms of Service. You agree to promptly notify us of
any third party Claims, cooperate with DIGINXTHLT in defending such claims
and pay all fees, costs and expenses associated with defending such Claims
[including but not limited to costs any injuries, losses, expenses or damages
(compensatory, direct, incidental, consequential or otherwise)]. You agree not to
settle any Claim without our prior written consent.
8. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
8.1 WARRANTY DISCLAIMER: OUR PLATFORM IS PROVIDED TO YOU “AS IS”
AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES
AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO
STATUTORY WARRANTIES, AND THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. WE ALSO DISCLAIM ANY WARRANTIES REGARDING
(A) THE RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF
OUR PLATFORM, (B) ANY INFORMATION, ADVICE, SERVICES, OR GOODS
OBTAINED THROUGH OR ADVERTISED ON OUR PLATFORM OR BY US,
AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH
ANY LINKS TO OTHER WEBSITES OR RESOURCES PROVIDED THROUGH
OUR PLATFORM, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE
PLATFORM, AND (D) THE CORRECTION OF ANY ERRORS IN THE
PLATFORM, (E) ANY MATERIAL OR DATA OBTAINED THROUGH THE
USE OF OUR PLATFORM, AND (F) DEALINGS WITH OR AS THE RESULT
OF THE PRESENCE OF MARKETING PARTNERS OR OTHER THIRD
PARTIES ON OR LOCATED THROUGH OUR PLATFORM. YOUR USE OF
ANY INFORMATION OR MATERIALS ON THIS
WEBSITE/APPLICATION/SERVICES/PRODUCTS (i.e. THE PLATFORM) IS
ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE.
IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES
PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS
8.2 LIMITATION OF LIABILITY: YOU AGREE THAT IN NO EVENT SHALL ANY
DIGINXTHLT PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY DIGINXTHLT
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
ARISING OUT OF OR IN CONNECTION WITH (A) OUR PLATFORM OR
THIS AGREEMENT OR THE INABILITY TO USE OUR PLATFORM
(HOWEVER ARISING, INCLUDING OUR NEGLIGENCE), (B) STATEMENTS
OR CONDUCT OF OR TRANSACTIONS WITH ANY MEMBER OR THIRD
PARTY ON THE PLATFORM, (C) YOUR USE OF OUR PLATFORM OR
TRANSPORTATION TO OR FROM DIGINXTHLT EVENTS, ATTENDANCE
AT DIGINXTHLT EVENTS, PARTICIPATION IN OR EXCLUSION FROM
DIGINXTHLT GROUPS OR DIGINXTHLT EVENTS AND THE ACTIONS OF
YOU OR OTHERS AT DIGINXTHLT EVENTS, OR (D) ANY OTHER MATTER
RELATING TO THE PLATFORM. OUR LIABILITY TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF RS.100
OR THE AMOUNT OF FEES, IF ANY; YOU PAID TO US WITHIN 12 MONTHS
PRIOR TO THE ACTION THAT MAY GIVE RISE TO LIABILITY. THE
LIMITATIONS SET FORTH ABOVE IN THIS SECTION 8 WILL NOT LIMIT OR
EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD, OR
INTENTIONAL, MALICIOUS, OR RECKLESS MISCONDUCT.
9. GOVERNING LAW AND DISPUTE RESOLUTION
9.1 The validity of this Agreement, the construction and enforcement of its terms,
and the interpretation of the rights and duties of the Parties shall be governed
by the laws of India.
9.2 In the event of any dispute arising between the parties with respect to these
Terms of Service, the same shall be referred to the Sole Arbitrator and the
arbitration shall be in accordance with Arbitration and Conciliation Act of 1996
(or such subsequent Act or amendment as per laws of India). The language of
arbitration proceeding shall be English. The seat and place of arbitration shall
be Bengaluru, Karnataka and the decision of the Arbitrator shall be final and
binding on both parties herein. This Policy and terms and conditions therein
shall be subject to the exclusive jurisdiction of courts in Bengaluru, Karnataka,
India and shall be governed by the Indian laws.
10. INTELLECTUAL PROPERTY
10.1 DIGINXTHLT Intellectual Property: DIGINXTHLT Intellectual Property”
means all of DIGINXTHLTintellectual property and intellectual property rights
worldwide including, but not limited to, inventions, patents, copyright
(including renewal rights), trademarks, trade names, logos, service marks,
corporate names, trade secrets, know-how, mask works, text, images,
confidential information, computer software (including source code), processes,
discoveries, methods, graphics, video, script and audio, contained in the
Application, Website, Services & Products, domain names and all other forms of
intellectual property, whether registered or not, and any applications for
registration thereof anywhere in the world, in the name of DIGINXTHLT;
10.2 No DIGINXTHLT Intellectual Proprietary Information may be copied,
downloaded, reproduced, modified, republished, uploaded, posted, transmitted
or distributed in any way without obtaining prior written permission from
DIGINXTHLT and nothing on the Platform shall be or deemed to confer a license
of or any other right, interest or title to or in any of DIGINXTHLT Intellectual
Property rights, to You.
10.3 DIGINXTHLTTrademark Usage Guidelines explain how you may and may not
use them. Our Platform, including our material on the Platform, is also our or
our licensors’ intellectual property. Except as described in the Trademark Usage
Guidelines and as otherwise permitted by law, you agree not to use
DIGINXTHLT’ intellectual property without our prior written consent.
10.4 Intellectual Property of Others:
10.4.1. DIGINXTHLT respects the intellectual property of others, and we expect
our members to do the same. We may, in appropriate circumstances and
in our discretion, remove or disable access to material that infringes on
the intellectual property rights of others. We may also restrict or
terminate access to our Platform to those who we believe to be repeat
infringers.
10.4.2. Subject to reading of Clause 10.5.1. of this Terms of Service, You agree
and acknowledge that certain contents on the Platform may belong to
third parties and the said content is reproduced by DIGINXTHLT
reproduced with prior consent from said party and all rights relating to
such content will remain with such third party. Further, you recognize
and acknowledge that the ownership of all trademarks, copyright, logos,
service marks and other intellectual property owned by any third party
shall continue to vest with such party and You are not permitted to use
the same without the consent of the respective third party.
11. TERM
This Terms of Service shall be effective for till the time You have access or utilise
the Platform or continue downloading or posting any content from or on the
Platform or until such time You or DIGINXTHLT, as per Clause 12 of these
Terms of Service, terminate the same.
12. TERMINATION FOR CONVENIENCE
12.1 You may terminate this Agreement at any time via the "Cancel Account" feature
on the Site or by sending us an email. If you cancel your DIGINXTHLT Account,
any and all Subscription/s will be automatically cancelled and any refund will
depend upon the terms of the applicable cancellation policy. Without limiting
our rights specified below, DIGINXTHLT may terminate this Agreement for
convenience at any time by giving you 30 days' notice via email to your
registered email address.
12.2 If You violate or cause material breach of the Terms of Service, the same may
result in immediate suspension or termination of Your Membership Account or
access to our Platform and same shall preclude DIGINXTHLT from its reserved
rights to pursue any legal remedy available. In such instances, the Company may
also disclose Your Membership Account Information if required by any
Governmental or legal authority. You understand that the violation of these
Terms of Service could also result in civil or criminal liability under applicable
laws.
12.3 In case non-material breach of Terms of Service, DIGINXTHLT shall issue you a
notice and opportunity to rectify/resolve the said breach.
13. FORCE MAJEURE
In the event that (i) DIGINXTHLT is unable to observe or perform the terms of
these Terms of Service; (ii) access to the Platform is blocked; (iii) The Platform
are suspended or made unavailable by reason of causes beyond its control
including (but not limited to) equipment, system or transmission link
malfunction or failure, fire, lockdown, pandemic, flood, explosion, acts of
elements, acts of God, accidents, epidemics, strikes, evacuation, notified
disasters, lockouts, power blackouts or failure, labour disputes, legislative
requirement, administrative order, court order or by any other causes which are
cannot be or beyond the control or reasonably be expected to avoided, the
performance of DIGINXTHLT ‘s obligations as affected by such causes shall be
excused for the duration of the such events. DIGINXTHLT shall not be liable for
any delay, loss, damage or inconvenience whatsoever caused or arising from or
in connection with any one or more of the above-mentioned events. In the event
that such events cause DIGINXTHLT to terminate the offering of Subscription,
DIGINXTHLT shall not be liable for any damage, costs or expenses, and shall
not be required to refund any fees paid.
14. MISCELLANEOUS
13.1 Notices: Except as otherwise stated in this Agreement or as expressly required
by law, any notice to us shall be given to support@diginxthlt.com or such other
option on the Platform to DIGINXTHLT. Any notice to you shall be given to the
most current email address in your account.
13.2 Entire Agreement: These terms of Service, including the Usage and Content
Policies, Privacy Policies, Restrictions, Payment Policies, and Trademark Usage
Guidelines, constitutes the entire agreement between you and DIGINXTHLT,
superseding any prior agreements between you and DIGINXTHLT on such
subject matter.
13.3 No Agency: No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship between you and DIGINXTHLT is intended
or created by this Agreement. A member of the DIGINXTHLT Platform is not
DIGINXTHLT’ representative or agent, and may not enter into an agreement on
DIGINXTHLT’ behalf.
13.4 Assignment: This Agreement is not assignable, transferable or sub licensable by
you except with DIGINXTHLT’s prior written consent, but may be assigned or
transferred by us to any affiliate or subsidiary, or in connection with a merger,
acquisition, corporate reorganization, sale of all or substantially all of
DIGINXTHLT’ assets, or similar transaction.
13.5 No Waiver: A Party’s failure to exercise or enforce any right or provision of these
Terms of Services shall not constitute a waiver of such right or provision and
does not waive any right to act with respect to subsequent or similar breaches.
13.6 Severance: If any provision of this Agreement is found to be invalid by a court
of competent jurisdiction, you and DIGINXTHLT nevertheless agree that the
court should endeavour to give effect to the parties’ intentions as reflected in the
provision, and that the other provisions of this Agreement will remain in full
force and effect.
13.7 Survival: If You or we terminate this Terms of Service, the clauses of these Terms
of Service that reasonably should survive termination of the Agreement will
remain in effect.
13.8 Violations: Please report any violations of this Terms of Service by a You or
Member or third party given to support@diginxthlt.com or any such other
option on the Platform.
Cookie Policy
As described in our Privacy Policy, DIGINXTHLT and our service providers use
cookies and other technologies to provide our Platform and to enhance your
experience. This Cookie Policy sets out some further detail on how and why we use
these technologies on our Platform, which includes any website, application, or
service we offer.
The terms "DIGINXTHLT," "we," "us," and "our" include Diginxthlt Solutions LLP and
our affiliates. By using our Platform, you consent to storage and access to cookies and
other technologies on your device, in accordance with this Cookie Policy. We use the
word “Platform” to mean any website, mobile site(s) and mobile app(s), application,
or service offered by DIGINXTHLT including content we offer and electronic
communications we send.
Cookies: What are they?
Cookies are small data files which are downloaded to your device when you visit a
website.
Duration of Cookies:
Some cookies, known as "session cookies", will stay on your device only for as long as
you are accessing our Platform. Others, known as "persistent cookies", are stored on
your device for longer periods. These files so either session or persistent, pixels/tags,
SDKs, application program interfaces ("APIs"), and other technologies collectively,
"Cookies" on certain pages of the Website. Cookies are then sent back to the
originating website on each subsequent visit, or to another website that recognizes
that cookie. Cookies are useful because they allow us to recognize your device.
How do We Utilise the Cookies?
Cookies serve a variety of functions, like enabling us to remember certain information
you provide to us as you navigate between pages on the Platform. The use of Cookies
by DIGINXTHLT on your hard drive is to help analyse our web page flow, measure
promotional effectiveness, and promote trust and safety and as certain features that
are offered by DIGINXTHLT maybe only available through the use of a "cookie".
It is our intent to inform you before we do that and to tell you what we intend to do
with the information. DIGINXTHLT use the information we collect from and about
you for a variety of purposes:
Authentication: We use cookies to recognize you if you are logged in to our
Platform. This lets us personalize your experience on or with the Platform in
the ways described below. In addition, we may employ third-party services
that may use cookies to help you sign into their services from our Platform.
Security: We use cookies to support or enable security features we have
deployed, and to help us detect malicious activity and violations of our Terms
of Service. These cookies help us prevent fraudulent use of login credentials.
Services, features, and preferences: To understand our users for improvement of
the content and features of our Platform, we use cookies to provide
functionality and help us deliver our products and services according to your
preferences. For example, we use cookies to know which language you prefer,
what your communications preferences are, to show you personalized views
related to your interests and groups, and in order to help you fill out forms on
the Platform.
Performance, Analytics and Research: Time to time add or enhance services
available on the Platform, we will use the Personal Information you provide to
facilitate the service requested in order to process and respond to your queries
and provide you with customer support. We hence use cookies to help us
analyse how the Platform is being accessed and used, and enable us to track
performance of the Platform. This helps us to understand, improve, and
research features and content on the Platform. We may also use other services,
such as Google Analytics or other third-party cookies, to assist with analysing
performance on our Platform. As part of providing these services, these service
providers may use cookies and the technologies described below to collect and
store information about your device, such as time of visit, pages visited, time
spent on each page of the Platform, links clicked and conversion information,
IP address, browser, mobile network information, and type of operating system
used.
DIGINXTHLT ads: We partner with third party publishers, advertising
networks and service providers to manage our ads on other sites. Our third
party partners may set cookies on your device or use the technologies described
below to gather information about your activities on the Platform and other
sites and online services you use, in order to provide you with DIGINXTHLT
ads that match member profiles or interests. For example, if you visit our
Platform and also use a social media platform, you may see a DIGINXTHLT ad
on those social media platforms.
Third party advertisers: We may work with advertisers, and advertising service
providers to serve ads that may be relevant to you based on your inferred
interests, location or other information collected about you, which may use a
cookie or the technologies described below, placed by DIGINXTHLT or the
third party (although we would not share any other information that identifies
you with an advertiser) on our Platform, or on a third party website or online
service. The placing of these technologies on your device may enable you to be
identified across multiple websites and online services.
Generate and review reports and data about, and to conduct research on, our
user base and Service usage patterns.
Carry out our obligations and enforce our rights arising from any contracts
entered into between you and us, including for billing and collection.
Notify you about changes to our Services.
Allow you to participate in interactive features offered through our Services.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
Other Technologies
Use of Other Technologies: We may allow others to provide analytics services and
serve advertisements on our behalf. In addition to the uses of cookies described above,
these entities may use other methods, such as the technologies described below, to
collect information about your use of the Platform and other websites and online
services.
Pixels tags: Pixel tags (which are also called clear GIFs, web beacons, or pixels), are
small pieces of code that can be embedded on websites and emails. Pixels tags may be
used to learn how you interact with our site pages and emails, and this information
helps us and our partners provide you with a more tailored experience.
Device Identifiers: A device identifier is a unique label can be used to identify a mobile
device. Device identifiers may be used to track, analyse and improve the performance
of the Platform and ads delivered.
Local storage: Local storage is an industry-standard technology that enables the
storage and retrieval of data on a computer, mobile phone or other device. Local
storage may be used to store member preferences on devices.
Opting Out
Most devices and web browsers are set to accept cookies by default. If you prefer, you
may be able to remove or reject cookies. You can learn more about how to block
cookies by visiting allaboutcookies.org. Please note that if you choose to remove or
reject cookies, this could affect the availability and functionality of our Platform.
Targeted Advertising: Third parties that use cookies and other tracking technologies to
deliver targeted advertisements on third party websites may offer you a way to
prevent such targeted advertisements by opting out at the websites of industry groups
such as the Digital Advertising Alliance, or if located in the European Union, the
European Interactive Digital Advertising Alliance. You may also be able to control
advertising cookies provided by publishers, for example Google's Ad Preference
Manager. Your device may also include a feature that allows you to opt out for having
certain information collected through apps used for behavioural advertising
purposes. Note that even if you choose to opt out of receiving targeted advertising,
you may still receive advertising, although it should not be tailored to your interests
or activities.
Revisions to this Policy
We may amend this Cookie Policy from time to time. When we do, we will provide
notice to you by publishing the most current version and revising the date at the top
of this page. If we make any material change to this Cookie Policy, we will provide
additional notice to you, such as by sending you an email, or displaying a prominent
notice on our Platform. By continuing to use the Platform after any changes come into
effect, you agree to the revised Cookie Policy.