Terms and Conditions of Usage


Last modified: 22 April, 2014

PLEASE READ THESE TERMS & CONDITIONS FOR USAGE BEFORE PROCEEDING FURTHER. These terms of service form a part of a legal agreement between Think Technology Services and you (users). These terms govern the use of any online DMS services by the users.

BY SIGNING UP FOR AN ACCOUNT, you agree to accept these terms and consent to the legally binding contract between DMS and yourself, that governs these TERMS & CONDITIONS FOR USERS. If you do not agree to these terms please do not use our site.

Please check these terms periodically for changes. Using this Site following the posting of changes to these terms will indicate that you accept them as changed.

1. Account and Security:

On creating an account with DMS, the user must provide all information true, correct, accurate and up to date. The user must possess a legal authority to create a legally binding contract and obligations with DMS.

The user is responsible for its password. You must protect your account information and ensure not to share it with any third party. You are solely responsible for any unauthorised activities as a result of your actions, in your DMS account. You must notify DMS immediately of any unauthorized use of your accounts or any other security breach related to the Service.

2. Payment:

2.1
The user must pay charges by any permitted mechanisms by DMS. In case of credit card payment, the User hereby authorizes DMS to collect (whether directly or indirectly) such amounts by charging the User's credit card (details of which were provided by the User), via a third party online payment processor or by one of the payment methods described in the DMS site.
2.2
The User acknowledges and agrees that DMS cannot control any fees that may be charged to the User by its bank in relation to the payment of Charges and the User shall be wholly responsible for the same.
2.3
DMS may at any time review or revise the charges and the same shall be applicable from such date as DMS decides.
2.4
All Charges are payable in US Dollars, unless the selected payment gateway allows for the Charges to be paid in another currency.

Free Trial:

a.
DROPMYSITE may at its absolute discretion, from time to time, offer free trials of the Service to Users ("Free Trial"). The duration and scope of each Free Trial is at the absolute discretion of DROPMYSITE and will be as described on the Website.
b.
To qualify for the Free Trial, the User must apply for an account at the Website and submit the Application Form in accordance with these Terms and Conditions for Users.
c.
The Free Trial cannot be used in conjunction with or combined with any other offer by DROPMYSITE.
d.
The Free Trial is only open to new Users. If a User has previously received a Free Trial, the User will not be eligible for another Free Trial.
e.
Each User may only receive one Free Trial for the duration of the Free Trial.
f.
The User acknowledges and agrees that DROPMYSITE reserves the right to cancel, revise, modify or change the terms of the Free Trial at their absolute discretion. Any such cancellation, revision, modification or change will be notified to the User and deemed accepted upon the User's continued use of the Service.
g.
The Free Trial Period shall be for a specified time period and at the end of the same, DMS will have the liberty to terminate the services of user unless user pays the charges for these services.

3. GENERAL USER CONTENT AND CONDUCT:

User is solely responsible for any content that is voluntarily provided, uploaded or otherwise submitted with DMS site. User understands and agrees that in DMS will have the sole discretions to disclose or remove the content from the site in any of the following events:
a.
Any request from government authority or court order or legitimate request from any person who alleges that such a content is defamatory or infringes any Intellectual Property
b.
Any content that would cause DMS to be in breach any laws and regulations to which it is subject.
c.
Any content that is contrary to any laws.
d.
Any content that infringes rights of any third party

Conduct:

The User acknowledges and agrees that the User shall be solely responsible for compliance with any and all laws, rules and regulations that may apply to its access and use of the Website and/or Service.

The user hereby accepts that it shall use all care in posting, uploading or submitting any content on the site. It agrees that it shall not post, upload, publish, submit or transmit any Content that: (i) is, or may be reasonably suspected by the User to be, fraudulent, false, misleading or deceptive; (ii) is defamatory, obscene, pornographic, vulgar or otherwise offensive; (iii) is racist or discriminating against any individual or group; (iv) is violent or threatening or promotes violence; or (v) promotes illegal or harmful activities;

User understands and agrees that DMS shall have the liberty to terminate the user account in case DMS feels that user's conduct has caused any of the above breaches.

4. USE OF SERVICES AND RESTRICTIONS

4.1
DMS reserves the right to provide or refuse to provide services to any of the users without assigning any reason whatsoever. The User acknowledges that DMS may require some time to activate the Service for the User subsequent to the User's sign up for the Service
4.2
By signing up for DMS account, you get a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access the sight and use DMS services. The user acknowledges that DMS owns all right, title and interest including all the intellectual property on its site and its services.
4.3
The User acknowledges and agrees that it will not copy, sub license, lease, rent, loan, transfer, modify, adapt, distribute or create derivative, decompile, reverse engineer, disassemble or attempt to extract any source code of any services. The User agrees not to remove, obscure, or alter any trademark, copyright or any Intellectual property of DMS on the site.
4.4
The User acknowledges that the Internet or the systems, servers, and equipment through which the Service is provided may from time to time be inoperative in full or in part as a consequence of but not limited to (i) mechanical breakdown, maintenance (whether emergency, scheduled or otherwise), hardware or software upgrades, telecommunication connectivity problems; or (ii) other factors beyond the control of DMS; and DMS shall not be liable in any way to any such interference in services.

5. TERMINATION

The user can terminate its services anytime without any reason, from the DMS website. DMS shall have the right to terminate your services on the following:
a.
Non-payment of subscription fees
b.
Use of services by the user in violation of terms of this agreement
c.
Use of DMS services by the user is contrary to any existing laws to which it is subject
d.
If DMS thinks that any false or misleading, inaccurate information is provided by user which has an adverse effect on DMS service.
e.
In case any government or court directs DMS that providing services to user is contrary to any laws or any violates any third party rights, DMS shall suspend the account
The user agrees that it shall not be entitled to any compensation from DMS for such suspension actions. It is also specifically agreed by the user that DMS has no obligation to provide any user with the copy of any informations stored by users on DMS site and DMS shall be at a liberty to delete the same after such termination from its servers.

6. LIMITED LIABILITY

User agrees that DMS, its partners or third party stated on this site shall be liable for any special, indirect or consequential damages arising out of use or non-use of any services on the DMS website

The User acknowledges that the Service presents the possibility of human and machine errors, omissions, delays, technical glitch, maintenance, hardware, software upgrades, failure to provide services or displacing of any informations of users. In such a case, users specifically agrees not to hold DMS liable for any damages

MS shall not be liable to the users for any tort, negligence or breach of duty which may cause any indirect or inconsequential damage to the users, to the extent permitted by laws. DMS liability for any such action in any case shall be limited to aggregate amount of charges received by DMS from the users.

7. INTELLECTUAL PROPERTY AND PRIVACY

The User acknowledges that all Intellectual Property Rights in the software and technology including trademarks and goodwill comprised in the Service belong exclusively to DROPMYSITE. User accepts that except as expressly stated in the site it shall not do any act including but not limited to copying, downloading, distributing or reproducing any of the materials on the site in any form or by any means whatsoever

Without prejudice to the above, it is expressly stated that the user shall not make any attempts to use, copy, make derivatives of any trademarks related to the services of DMS. Any such attempts by the user shall constitute to be infringing the trademarks of DMS and we will be at liberty to terminate your account and recover damages.

The User shall only have a limited, non-exclusive and revocable right for the duration of the Contract to access and view Content posted by DROPMYSITE, for the User's personal and non-commercial purpose, subject to these Terms & Conditions for Users stated here at.

Any content posted, uploaded or submitted by the user belongs to the user. It shall be the sole owner of any such Intellectual Property for its content. It user hereby agrees that it gives DMS a worldwide license to use, host, store, reproduce, modify, create derivative works (translations and adaptations), communicate, publish, publicly perform, publicly display and distribute such content for the limited purpose of operating, promoting, and improving our Services, and to develop new ones for customer improvements.

User understands that it is bound by DMS Privacy Polices in respect of treatment of user information and DMS makes every endeavour to protect user privacy and copyright contained in it.

8. INDEMNITY AND WARRANTY

Indemnity

User agrees to indemnify, defend and hold harmless DMS, its subsidiaries, partners, associates, employees, consultants or agent against any third party claim that may arise due to use of DMS services in violation of terms of this agreement or in respect of user content or because of conduct of user on DMS website.

Warranty

DMS provides its services on 'as is' basis and does not make any warranty of any kind whatsoever weather express or implied including but not limited to warranties of merchantability, fitness or any special use, non-infringement, accuracy of information and any said condition. DMS further makes no warranties that the services of this website will meet your requirements or will be error free, uninterrupted or guarantee any results or that any defects will be made correct.

User warrants that any content downloaded or accessed through this site shall be at the own risk of the user and user shall be fully responsible for any claims or damages to any person or property as a result of accessing such content.

User also ensures and warrants that it shall not upload or submit any material that is contrary to public, morality, any existing laws to which it is subject, defamatory, in violation of rights of any third party or in breach of these terms of usage.

Disclaimer: DMS takes all reasonable steps to ensure that the information provided in the website is correct. It in any case does not guarantee the correctness or completeness of any material on this website. We can make changes constantly on the website. The materials are provided without and warranties and access and use of this website, is on 'as is' basis without any commitments about the content.

9. COMPLIANCE WITH LAWS AND JURISDICTION

Both parties agree that they will ensure compliance with the existing laws to which they are subject. In case of any dispute, the agreement will be governed by laws of Singapore. Both parties shall make attempts to settle the dispute amicably between themselves. In case such amicable settlement is not arrived at, both parties shall be subject to rules of Singapore International Arbitration Centre (SIAC). Such a dispute will then be settled by single arbitrator appointed as per SIAC rules in Singapore. The decision of the SIAC will be final and binding on parties involved.

Both parties shall have the right to seek equitable relief in a court of competent jurisdiction as in may choose, in addition to the above relief granted by SIAC mechanism.

10. CONTACTS

This site is owned, operated and controlled by :

Think Technology Services
Head office (India): 232, 2nd Floor, Neo Corporate Plaza,
Ramchandra Lane Extn, Off Link Rd,
Malad (W). Mumbai - 400064. INDIA.
Phone: +91 22 4969 6161 / 6262 / 6363 +91 7900 1 7900 9
Email: info@iThink.co

For more details please visit our contact page

In case you have any complaints or questions Click here to contact us.