This Agreement, sets forth the terms and conditions that apply to use of this site
esobati.com and all sub sites that reside under the site (collectively,
“digipay .com site’’), by a Subscriber. “Subscriber” means each person who establishes or
accesses a connection ("Account") for access to and use of the esobati Sites.
Restrictions on use
The digipay Sites are owned and operated by DIGIPAY Portal,
Amravati, and contains material which is derived in whole or in part from material
supplied by the Company, its group companies, various news agencies and other sources
(including content partners), and is protected by international copyright and trademark laws.
The restrictions on use of the material and content on the DIGIPAY Sites by the
Subscriber are specified below. . Except where specifically authorized, the Subscriber may
not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any
material from the DIGIPAY Sites Including code and software.
By using the DIGIPAY Sites (other than to read this Agreement for the first time),
Subscriber agrees to comply with all of the terms and conditions hereof. The right to use the
DIGIPAY Sites is personal to Subscriber and is not transferable to any other person or
entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name
or password) and for ensuring that all use of Subscriber's Account complies fully with the
provisions of this Agreement. Subscriber shall be responsible for protecting the
confidentiality of Subscriber's password(s), if any.
The Company shall have the right at any time to change or discontinue any aspect or feature
of DIGIPAY Sites, including, but not limited to, content, hours of availability and
equipment needed for access or use.
Changed Terms
The Company shall have the right at any time to change or modify the terms and conditions
applicable to Subscriber's use of the DIGIPAY Sites, or any part thereof, or to impose
new conditions, including but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately upon notice thereof,
which may be given by means including but not limited to, posting on the DIGIPAY
Site, or by electronic or conventional mail, or by any other means by which Subscriber
obtains notice thereof. Any use of the DIGIPAY Site by Subscriber after such notice
shall be deemed to constitute acceptance by Subscriber of such changes, modifications or
additions.
Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of the DIGIPAY Sites and
all charges related thereto.
Subscriber Conduct
Subscriber shall use the DIGIPAY Sites for lawful purposes only. Subscriber shall not
post or transmit through the DIGIPAY Sites any material which violates or infringes in
any way upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offence, give right to civil liability
or otherwise violate any law, or which, without the Company's express prior approval,
contains advertising or any solicitation with respect to products or services. Any conduct by a
Subscriber that in the Company's discretion restricts or inhibits any other Subscriber from
using or enjoying DIGIPAY Sites will not be permitted. Subscriber shall not use
DIGIPAY Sites to advertise or perform any commercial solicitation, including, but not
limited to, the solicitation of users to become subscribers of other on-line information
services competitive with the DIGIPAY Sites. DIGIPAY Sites contains
copyrighted material, trademarks and other proprietary information, including, but not limited
to, text, software, photos, video, graphics, music or sound, and the entire contents of
DIGIPAY Sites are copyrighted as a collective or severable work under applicable
copyright laws. The Company and/or its affiliates own or have acquired a copyright in the
selection, coordination, arrangement and enhancement of such content, as well as in the
content original to it. Subscriber may not modify, publish, transmit, participate in the transfer
or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
Subscriber may download copyrighted material for Subscriber's personal use only. Except as
otherwise expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material will be
permitted without the express permission of the Company and the copyright owner. In the
event of any permitted copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or copyright notice shall be
made. Subscriber acknowledges that it does not acquire any ownership rights by downloading
copyrighted material.
Subscriber shall not upload, post or otherwise make available on the DIGIPAY Sites
any material protected by copyright, trademark or other proprietary right without the express
permission of the owner of the copyright, trademark or other proprietary right and the burden
of determining that any material is not protected by copyright rests with Subscriber.
Subscriber shall be solely liable for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm resulting from such a submission. By
submitting material to any public area of DIGIPAY Sites, Subscriber automatically
grants, or warrants that the owner of such material has expressly granted the Company the
royalty fee, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such material. Subscriber also
permits any other Subscriber to access, view, store or reproduce the material for that
Subscriber's personal use. Subscriber hereby grants the Company the right to edit, copy,
publish and distribute any material made available on Sites by Subscriber.
The foregoing provisions are for the benefit of the Company, its subsidiaries, affiliates and its
third party content providers and licensors and each shall have the right to assert and enforce
such provisions directly or on its own behalf.
Disclaimer of Warranty: Limitation of Liability
Subscriber expressly agrees that use of DIGIPAY Sites are at Subscriber's sole risk.
Neither the Company, its affiliates nor any of their respective employees, agents, third party
content providers or licensors warrant that DIGIPAY Sites will be uninterrupted or error
free; nor do they make any warranty as to the results that may be obtained from use of
DIGIPAY Sites, or as to the accuracy, reliability or content of any information, service,
or merchandise provided through DIGIPAY Sites.
DIGIPAY Sites is provided on an "As Is" basis without warranties of any kind, either
express or implied, including, but not limited to, warranties of title or implied warranties of
merchantability or fitness for a particular purpose, other than those warranties which are
implied by and incapable of exclusion, restriction or modification under the laws applicable
to this agreement.
This disclaimer of liability applies to any damages or injury, caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or destruction or unauthorized
access to, alteration of, or use of record, whether for breach of contract, tortuous behavior,
negligence, or under any other cause of action. Subscriber specifically acknowledges that the
Company is not liable for the defamatory, offensive or illegal conduct of other subscribers or
third-parties in cases including but not limited to any interactive communication on or
through the sites and that the risk of injury from the foregoing rests entirely with
subscriber(s).
In no event will the Company, or any person or entity involved in creating, producing or
distributing DIGIPAY Sites or the DIGIPAY Sites software, be liable for any
damages, including, without limitation, direct, indirect, incidental, special, and consequential
or punitive damages arising out of the use of or inability to use DIGIPAY Sites.
Subscriber hereby acknowledges that the provisions of this section shall apply to all content
on DIGIPAY Sites.
In addition to the terms set forth above neither, the Company, not its affiliates, information
providers or content partners shall be liable regardless of the cause or duration, for any errors,
inaccuracies, omissions, or other defects in, or unseemliness or unauthenticated of, the
information contained within DIGIPAY Sites, or for any delay or interruption in the
transmission thereof to the user, or for any claims or losses arising there from or occasioned
thereby. None of the foregoing parties shall be liable for any third-party claims or losses of
any nature, including, but not limited to, lost profits, punitive or consequential damages. Prior
to the execution of a stock trade, subscribers are advised to consult with your broker or other
financial representative to verify pricing or other information. The Company, its affiliates,
information providers or content partners shall have no liability for investment decisions
based on the information provided. Neither, the Company, nor its affiliates, information
providers or content partners warrant or guarantee the timeliness, sequence, accuracy or
completeness of this General information.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION
Monitoring
The Company shall have the right, but not the obligation, to monitor the content of
DIGIPAY Sites, all interactive communication including but not limited to chat rooms
and forums, to determine compliance with this Agreement and any operating rules
established by the Company and to satisfy any law, regulation or authorized government
request. The Company shall have the right in its sole discretion to edit, refuse to post or
remove any material submitted to or posted on DIGIPAY Sites. Without limiting the
foregoing, the Company shall have the right to remove any material that the Company, in its
sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Indemnification
Subscriber agrees to defend, indemnify and hold harmless the Company, its affiliates and
their respective directors, officers, employees and agents from and against all claims and
expenses, including attorney's fees, arising out of the use of DIGIPAY Sites by
Subscriber or Subscriber's Account.
Trademarks
digipay.com any trademarks and trade names being shown or used on the DIGIPAY
Sites are the property of their respective owners.
Third Party Content
The Company is a distributor (and not a publisher) of content supplied by third parties and
Subscribers. Accordingly, the Company has no more editorial control over such content than
does a public library, bookstore, or newsstand. Any opinions, advice, statements, services,
offers, or other information or content expressed or made available by third parties, including
information providers, Subscribers or any other user of DIGIPAY Sites, are those of the
respective author(s) or distributor(s) and not of the Company. Neither the Company nor any
third-party provider of information guarantees the accuracy, completeness, or usefulness of
any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through DIGIPAY Sites represents the opinions
and judgements of the respective information provider, Subscriber, or other user not under
contract with the Company. The Company neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made on DIGIPAY Sites by
anyone other than authorized the Company employee spokespersons while acting in their
official capacities. Under no circumstances will the Company be liable for any loss or
damage caused by a Subscriber's reliance on information obtained through the
DIGIPAY Sites. It is the responsibility of Subscriber to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or other content available
through DIGIPAY Sites. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion, advice or other content.
Miscellaneous
This Agreement and any operating rules for DIGIPAY Sites established by the
Company constitute the entire agreement of the parties with respect to the subject matter
hereof, and supersede all previous written or oral agreements between the parties with respect
to such subject matter. This Agreement shall be construed in accordance with the laws of India and courts in Delhi shall have the exclusive jurisdiction to entertain and try any dispute
arising out of or in relation to this Contract. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or
default. The section headings used herein are for convenience only and shall not be given any
legal import.
Disclaimer
The Company has provided or may provide links and pointers to Internet sites maintained by
third parties. Neither the Company, its parent or subsidiary companies nor their affiliates
operate or control in any respect any information, products or services on these third-party
sites. The materials in the DIGIPAY Sites and the third-party sites are provided "as is"
and without warranties of any kind, either express or implied. To the fullest extent
permissible pursuant to applicable law, the Company disclaims all warranties, express or
implied, including, but not limited to, implied warranties of merchantability and fitness for a
particular purpose. The Company does not warrant that the functions contained in the
materials will be uninterrupted or error-free, that defects will be corrected, or that this site,
including Bulletin Boards, or the server that makes it available, are free of viruses or other
harmful components. The Company does not warrant or make any representations regarding
the use or the results of the use of the materials in the DIGIPAY Sites or in third-party
sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. Subscriber
(and not the Company) assume the entire cost of all necessary maintenance, repair or
correction.
Bulletin Boards / Message Boards
This service may include bulletin boards and chat rooms ("bulletin boards") which allow
feedback to the Company and real-time interaction between users. The Company does not
control the messages, information or files delivered to bulletin boards. It is a condition of
your use of the bulletin boards and the DIGIPAY Sites that you do not: restrict or inhibit
any other user from using and enjoying the bulletin boards. post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or
indecent information of any kind, including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal offence, give rise to civil liability or
otherwise violate any local, state, national or international law. post or transmit any
information, software or other material which violates or infringes upon the rights of others,
including material which is an invasion of privacy or publicity rights or which is protected by
copyright, trademark or other proprietary right, or derivative works with respect thereto,
without first obtaining permission from the owner or right holder. Post or transmit any
information, software or other material which contains a virus or other harmful component.
Post, transmit or in any way exploit any information, software or other material for
commercial purposes, or which contains advertising.