Terms & Conditions
The following terms and conditions govern all use of the DIVINE MESSENGER website and all content, services and products available at or through the website, including, but not limited to, the DIVINE MESSENGER user management service ("DIVINE MESSENGER "), (taken together, the Services). The Services is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by DIVINE MESSENGER (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Services.
If you create an account on the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify DIVINE MESSENGER of any unauthorized uses of your account or any other breaches of security. DIVINE MESSENGER will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows. You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
Optional paid services such as extra capacity are available on the Services (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay DIVINE MESSENGER the monthly or annual subscription fees indicated for that service (additional payment terms are described below). Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
By signing up for a DIVINE MESSENGER account you agree to pay DIVINE MESSENGER the monthly fees indicated to you when you registered for the service in exchange for the DIVINE MESSENGER services. Applicable fees will be invoiced starting from the day your paid account are established and in advance of using such services. DIVINE MESSENGER reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. DIVINE MESSENGER accounts can be cancelled by you at any time on 30 days written notice to DIVINE MESSENGER. Subscription payment once made is not liable for refund in any case. In other words, there is no refund of the subscription even if the subscription is cancelled midway. In this case, the subscription will continue until your subscription has expired even after your cancelling.
DIVINE MESSENGER includes access to email support. "Email support" means the ability to make requests for technical support by email at any time (with reasonable efforts by DIVINE MESSENGER to respond within one business day) concerning the use of DIVINE MESSENGER. All DIVINE MESSENGER support will be provided in accordance with DIVINE MESSENGER standard and practises, procedures and policies.
Customers may access their DIVINE MESSENGER account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses DIVINE MESSENGER, is bound by these Terms of Service plus the following specific terms
As a paid customer, you give DIVINE MESSENGER a perpetual world-wide licence to use your company's assets and logos, unless DIVINE MESSENGER agrees in writing otherwise. These assets and logos will be used purely for marketing and sales efforts, such as being displayed on the home page.
As DIVINE MESSENGER asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by DIVINE MESSENGER violates your copyright, you are encouraged to notify DIVINE MESSENGER. DIVINE MESSENGER will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. DIVINE MESSENGER will terminate a visitor's access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of DIVINE MESSENGER or others. In the case of such termination, DIVINE MESSENGER will have no obligation to provide a refund of any amounts previously paid to DIVINE MESSENGER.
This Agreement does not transfer from DIVINE MESSENGER to you any DIVINE MESSENGER or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DIVINE MESSENGER. DIVINE MESSENGER, the DIVINE MESSENGER logo, and all other trademarks, service marks, graphics and logos used in connection with DIVINE MESSENGER, or the Services are trademarks or registered trademarks of DIVINE MESSENGER or DIVINE MESSENGER licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any DIVINE MESSENGER or third-party trademarks.
Under this license you may not:
DIVINE MESSENGER reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. DIVINE MESSENGER may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
DIVINE MESSENGER may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your DIVINE MESSENGER account (if you have one), you may simply discontinue using the Services. Notwithstanding the foregoing, if you have a paid DIVINE MESSENGER account, such account can only be terminated by DIVINE MESSENGER if you materially breach this Agreement and fail to cure such breach within thirty (30) days from DIVINE MESSENGER's notice to you thereof; provided that, DIVINE MESSENGER can terminate the Services immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
He Services is provided "as is". DIVINE MESSENGER and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DIVINE MESSENGER nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
In no event will DIVINE MESSENGER, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DIVINE MESSENGER under this agreement during the twelve (12) month period prior to the cause of action. DIVINE MESSENGER shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Services will be in strict accordance with the DIVINE MESSENGER. Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the India or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless DIVINE MESSENGER, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between DIVINE MESSENGER and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DIVINE MESSENGER or by the posting by DIVINE MESSENGER of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the Delhi, India, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and union courts located in the India. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the law of the land which in this case is Delhi, India. The arbitration shall take place in the India, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; DIVINE MESSENGER may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
S-204, Plot No.01, Pocket 4 Market, Sec-11, Dwarka, New Delhi-110075, India
If you have any questions about these Terms, please contact us.