Use of the Services

• In order to provide the best services, we might collect information related to you and your business from time to time that is necessary to provide the services. Collectively, this information is known as 'user information'. In order to use www.DigitPrac.com Services, you will need to provide the 'user information'. You agree that any information you give to www.DigitPrac.com will always be accurate, correct and up to date.
• You agree to use the Services only for purposes that are permitted by (a) the Terms and Conditions and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India).
• You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by www.DigitPrac.com, unless you have been specifically allowed to do so in a separate agreement with www.DigitPrac.com. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
• You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
• Unless you have been specifically permitted to do so in a separate agreement with SparkMM, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
• You agree that you are solely responsible for (and that www.DigitPrac.com and SparkMM has no responsibility to you or to any third party) for any breach of your obligations under the Terms and for the consequences (including any loss or damage which www.DigitPrac.com may suffer) of any such breach.

 

Security

DigitPrac ensures your data and personal information is safe and secure by ensuring several security measures. However, it is incumbent upon you to ensure important security precautions are adhered by you.

• You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
• Accordingly, you agree that you will be solely responsible to www.DigitPrac.com for all activities that occur under your account.
• If you become aware of any unauthorized use of your password or of your account, you agree to notify www.DigitPrac.com immediately.

Privacy and your personal information

• For information about www.DigitPrac.com's data protection practices, please read our privacy policy. This policy explains how www.DigitPrac.com treats your personal information, and protects your privacy, when you use the Services.
• You agree to the use of your data in accordance with www.DigitPrac.com's privacy policy.

Provision of the Services by www.DigitPrac.com

• www.DigitPrac.com is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which www.DigitPrac.com provides may change from time to time without prior notice to you.
• www.DigitPrac.com shall make every possible effort to ensure continuous and smooth running of the server providing the services. However, it is possible that occasional downtime may be warranted due to unforeseen events beyond the capacity of www.DigitPrac.com. You acknowledge that such an event is a possibility and exempt www.DigitPrac.com from any claims arising due to such outages.
• System availability and access to the products and services available on the Site may be limited or unavailable for reasons which may include, without limitation, system performance, telecommunications failure, hardware failure, software failure or any other reason(s). We make no representations, warranties or assurances as to the availability of the Site.
• As part of this continuing innovation, you acknowledge and agree that www.DigitPrac.com may sometimes undergo stoppage of service to perform maintenance activities. Providing the Services (or any features within the Services) to you or to users is generally at www.DigitPrac.com's sole discretion, without prior notice to you. You do not need to specifically informwww.DigitPrac.com when you stop using the Services.
• You are responsible for verifying the completeness and accuracy of any information that you submit to www.DigitPrac.com for use in connection with client alerts and compliance management.
• www.DigitPrac.com may provide an option to you to electronically upload certain data/information. You are solely responsible for the authenticity of such data/information and shall not hold www.DigitPrac.com responsible for any errors/issues that might occur during your usage of the services due to such incorrect and invalid information upload. You further understand that it is solely your responsibility to review and confirm the accuracy of your Client information prior to uploading.
• You are responsible for your use of your Internet browser, the Site, the products and services provided on the Site. We are not responsible for deletion of data, timeliness of services, or the failure to store any of your data or personalization settings.
• You acknowledge and agree that if www.DigitPrac.com disables access to your account due to reason like non-payment of subscription fees, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
• You acknowledge that you have verified the information related to your clients' contact details like email ID and phone number and absolve www.DigitPrac.com from any claims that may be made by your clients for sending alerts on your behalf.
• www.DigitPrac.com abides by the 'Do Not Disturb' policies of the federal government(s). You agree and confirm that you have informed your client about receiving email/SMS from us on your behalf and that www.DigitPrac.com is not liable for any complaints/lawsuits your clients may raise for sending them unsolicited email/SMS alerts.
• You acknowledge and agree that the subscription charges may be changed by www.DigitPrac.com from time-to-time and that subscription renewal charges could change without notice by www.DigitPrac.com.

Correctness of Data

www.DigitPrac.com takes great care in ensuring the correctness of your data. There are strong test suites and professionals (internal and third party) who work hard on ensuring the correctness of www.DigitPrac.com software. However, www.DigitPrac.com provides no guarantee or warranty on the correctness of your data. You are required to review the data you provide on the site for ensuring correctness. You will not hold www.DigitPrac.com responsible for any issue that arises from incorrect usage.

Unlawful or Prohibited Use; User Content

As a condition of your use of the Site, you warrant to us that you will not use, or permit any third party to use the Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates.

Message notifications, chat rooms, e-mail and other features this Site may offer from time to time and may be operated by us or by a third party on our behalf. You shall not (nor cause any third party to) use the Site or information provided through the Site to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities or any of the following types of activities, without limitation:

• Disseminating libelous, harmful, vulgar, pornographic, obscene or otherwise objectionable material;
• Containing nudity, violence of offensive subject matter, or are deemed exploitive in any way;
• Promoting racism, prejudice, bigotry, hatred, harassment or physical harm of any kind against any individual, group or individual;
• Promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or promote any criminal activity or enterprise or provide instructional information about illegal activities, such as making or buying illegal weapons or violating someone's privacy;
• Using any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on the Site or accessed through the Site;
• Transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• Advertising or posting any commercial content;
• Interfering with or disrupting the Site;
• Disrupting the activities or enjoyment of the Site for other users; or
• Illegally Collecting, or storing personal data about other users.

Further, you agree that all User Content you provide will be on-topic, relevant and will not include profanity or any other disruptive or disrespectful behaviour. The messages, chat rooms, e-mail are not the appropriate channel to express individual concerns or specific customer support issues. Such concerns and issues should be addressed to the online customer support pages of the applicable Site.

You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions by you on the Site, including without limitation User Content you create, contribute and post to any Site. You acknowledge that we do not endorse User Content and that such User Content should not be considered to have been reviewed, screened or approved by us. You acknowledge that we may preserve and disclose User Content if required to do so by law or if we believe in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect our rights, property or personal safety or that of any users of the Site, and the public. Site4. License

Except as expressly provided otherwise in an applicable Supplemental Agreement, we grant you a personal, limited, revocable, non-transferable and non-exclusive license to display on your computer, print, download and use screen displayed text, audio clips, video clips and other such content that is made available to you on the Site, solely for your own non-commercial, personal purposes necessary to receive the products and services provided on the Site, provided that: (i) you do not (and do not allow any third party to) modify or create a derivative work of any such content; and (ii) you include with and display on each copy of such content the associated copyright notice. No other use is permitted. Without limiting the generality of the foregoing, you may not: (i) include such content in or with any product or service that you create or distribute; (ii) include such content on another Internet Website; (iii) reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site; or (iv) establish hyperlinks to any page other than the home page of the Site or create any frame containing any portion of the Site, on any other Website or text document with hyperlink capabilities. Further, you may not direct any other person to do any of the foregoing. You agree not to access the Site by any means other than through a commercially available Web browser.

We grant you a personal, limited, revocable, non-transferable and non-exclusive right to create a hyperlink to the home pages of the Site so long as (i) the link or your linking Website does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise offensive matter; (ii) your linking Website complies with all applicable law and does not otherwise violate this Agreement or the rights of others; and (iii) your Website has, maintains and follows a privacy policy no less protective of user data than the privacy policy of the applicable Site. You may not use any of our logos or other proprietary graphic or trademarks as part of the link without our prior express written permission. We may revoke this license at any time, with or without cause, in which case you agree to immediately remove such hyperlink.

Intellectual Property

All content on the Site, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation of any of the foregoing, is our property and is protected by copyrights, trademarks, or other intellectual property rights and laws. The trade names, trademarks and logos used on the Site are our trademarks, service marks, trade dress ("Trademarks"). Site are protected by copyrights, trademarks, or other intellectual property rights and laws and their display on and availability through the Site does not convey or create any license or other rights in these Trademarks and associated products and services. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Site content by any person without our prior written authorization is strictly prohibited, may be a violation of common law, trademark, patent and copyright laws and may subject such a violator to legal action. The use of content from the Site on any other Website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting us in writing at the address listed below. You are also strictly prohibited from creating works or materials that derive from or are based on the Site content or other materials contained in any Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

Modifications to Site

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that we are not liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change.

Registration Obligations

In consideration of your use of the Site, if you provide us with information about yourself in response to prompting by the Site (for example when prompted by a Site's registration forms), you agree that such information will be accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right, without limitation, to suspend or terminate any of your accounts and to refuse any and all current or future use of the Site (or any portion thereof) or the products and services provided on the Site.

Feedback

Subject to any applicable law and the requirements of the applicable privacy policy, any communication sent by you via the Site or otherwise to us (including without limitation User Content, collectively "Feedback") is on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing or otherwise using it in any way or for any purpose. We can use the Feedback, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing products and services. You agree you will not assert any ownership right of any kind in the Feedback (including without limitation copyright, patent, trademark, unfair competition, moral rights, or implied contract) and you hereby irrevocably waive the right to receive any financial or other consideration in connection with the Feedback, including without limitation acknowledgement of you as the source of the Feedback. Your submission of any Feedback shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Feedback. For this reason, we ask that you do not send us any Feedback that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You shall be responsible for the content and information contained in any Feedback sent by you to the Site or otherwise to us, including without limitation for its truthfulness and accuracy.

Confidential Information

You agree that you will not disclose Confidential Information to any person or entity, other than as necessary to use the products and services provided on the Site. You will not use or permit the use of any Confidential Information except as necessary in connection with the products and services. You shall use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care. "Confidential Information" means all information or material: (i) which is obtained from password protected portions of the Site or (ii) which (A) is marked "Confidential," "Restricted," or other similar marking, (B) is known by the parties to be considered confidential, or (C) is or should be known or understood to be confidential or proprietary by an individual exercising reasonable judgement.

Cancellation and Refund Policy

At SparkMM we strive to ensure that we provide the best and simplest solution to our client needs. Sufficient resources and effort is spent on providing you the best of services. We believe that you will able to benefit from DigitPrac upon continued usage of the features and hence would recommend you use DigitPrac on a long-term basis to fully appreciate and benefit from the analytics and reporting which will in turn help you in better serving your clients. In case you still intending to cancel DigitPrac subscription, SparkMM is committed to offer you 100% refund based on the below terms.

• Full Refund is applicable only on new registrations and are not applicable on renewals.
• Full Refund is applicable only up to 60 days from the date of first registration.
• DigitPrac offers an option of integrated solution wherein either a website is created for you with integrated login to DigitPrac or if you already own a website, DigitPrac script is enabled within your website. In case you have opted for this solution during or after sign-up, a nominal fee of INR 3000 (or equivalent in your local currency) will be deducted from the payment you made during sign-up to factor in the cost incurred in domain purchase, integration and hosting. The difference amount will be refunded to your account.
• Depending on your location and bank, refund process could take 3 to 7 working days from the date of refund request.

However, in the unforeseen case of you not finding our services useful, you can stop the services by not renewing the services when your current subscription expires.

EXCLUSION OF WARRANTIES

• NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT WWW.DigitPrac.COM'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
• YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED -AS IS- AND -AS AVAILABLE-
• IN PARTICULAR, SparkMM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
  • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
  • YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
  • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
  • THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SparkMM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
• SparkMM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

• SUBJECT TO OVERALL PROVISION IN PARAGRAPH ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SparkMM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
  • ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
  • ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
  • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING MAY APPEAR ON THE SERVICES;
  • ANY CHANGES WHICH SparkMM MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
  • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
  • YOUR FAILURE TO PROVIDE SparkMM WITH ACCURATE ACCOUNT INFORMATION;
  • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
• THE LIMITATIONS ON SparkMM'S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT SparkMM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Indemnification

You agree to indemnify us and hold us harmless from and against any Claims arising out of or relating to: (i) User Content and Feedback you submit, post to or transmit through the Site; and (ii) your violation of any rights of any other person in connection with the Site, information you post on the Site, information you receive from the Site, or the products or services provided on the Site. If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using them.

Right to Refuse

SparkMM at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by SparkMM is not complete until full money towards the service is received from the customer and accepted by SparkMM.

Without prejudice to the other remedies available to SparkMM under this agreement, the terms of service or under applicable law, SparkMM may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:

The user is in breach of this agreement, the terms of service and/or the documents it incorporates by reference;

SparkMM is unable to verify or authenticate any information provided by the user; or

SparkMM believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or SparkMM.

SparkMM may at any time in its sole discretion reinstate suspended users. Once the user has been indefinitely suspended the user shall not register or attempt to register with SparkMM or use the website in any manner whatsoever until such time that the user is reinstated by SparkMM.

Notwithstanding the foregoing, if the user breaches this agreement, the terms of service or the documents it incorporates by reference, SparkMM reserves the right to recover any amounts due and owing by the user to SparkMM and/or the service provider and to take strict legal action as SparkMM deems necessary.

Right to Cancellation In Case Of Invalid Information from User

The User expressly undertakes to provide to SparkMM only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from SparkMM.
In case SparkMM discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, SparkMM in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the services, etc. without any prior intimation to the User. In such an event, SparkMM shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
The User unequivocally indemnifies SparkMM of any such claim or liability and shall not hold SparkMM responsible for any loss or damage arising out of measures taken by SparkMM for safeguarding its own interest and that of its genuine customers. This would also include SparkMM denying/cancelling any subscriptions on account of suspected fraud transactions.

Force Majeure Circumstances

SparkMM shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.

Other Agreements

Governing Law. The Agreement shall be governed by the Laws of India. The Courts of law at Bangalore shall have exclusive jurisdiction over any disputes arising under this agreement.

Entire Agreement. This Agreement, along with any Supplemental Agreements, is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by us, which are not included in this Agreement, shall be binding on us.

Amendments. You may not modify or amend this Agreement in whole or in part without the prior written consent of one of our authorized representatives. We may replace or amend this Agreement from time to time by posting new terms of service to this Web page. Please check the terms of service periodically for changes. Your subsequent use of the Site, or any content, products, services or materials provided through the Site, will be subject in all respects to the terms of service in force at the time of such subsequent use.

Waiver. No waiver of any provision herein shall be valid unless in writing and signed by both our authorized representative and you. Our failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.

Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.

Miscellaneous. This Agreement shall inure to our benefit. Any and all references in this Agreement to us, where the context so permits, include our parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. We may assign our rights and duties under this Agreement to any party at any time without notice to you.