Please read and agree to these terms and conditions in order to use this service.
Welcome to the Datoin Web sites (the "Site"). Through
the Site, you have access to a variety of resources and content.
These include: (a) platform and platform as a service offerings
("Platform"); (b) Web pages, data, messages, text, images,
photographs, graphics, audio and video such as podcasts and
Webcasts, and documents such as press releases, white papers and
product data sheets ("Materials"); and (c) forums, discussion
groups, chat areas, bulletin boards, blogs, wikis, e-mail
functions, and other services in connection with which you can
upload, download, share, email, post, publish, transmit or
otherwise access or make available Content (as defined below).
Platform, Materials, and other information, content and services
are collectively referred to as "Content." The following are
terms of a legal agreement between you ("You" or "Your") and
SimplyPhi Software Solutions Pvt. Ltd. . and its affiliated
companies ("We" or "Datoin"). By accessing or using the Site or
the Content provided on or through the Site, you agree to follow
and be bound by the following terms and conditions concerning
your access to and use of the Site and the Content provided on
or through the Site ("Terms of Use") and our Privacy Policy.
Datoin may revise the Terms of Use and Privacy Policy at any
time without notice to you. The revised Terms of Use and Privacy
Policy will be effective when posted.
- Terms Applicable to Specific Content and Areas of the
Site Some areas of the Site or Content provided on or through
the Site may have additional rules, guidelines, license
agreements, user agreements or other terms and conditions that
apply to your access or use of that area of the Site or Content
(including terms and conditions applicable to a corporation or
other organization and its users). If there is a conflict or
inconsistency between these Terms of Use and the rules,
guidelines, license agreement, user agreement or other terms and
conditions for a specific area of the Site or for specific
Content, the latter shall have precedence with respect to your
access and use of that area of the Site or Content.
- Use of Platform Your use of Platform is
subject to all agreements such as a license agreement or user
agreement that accompanies or is included with the Platform,
ordering documents, exhibits, and other terms and conditions
that apply ("License Terms"). In the event that Platform is
provided on or through the Site and is not licensed for your use
through License Terms specific to the Platform, you may use the
Platform subject to the following: (a) the Platform may be used
solely for your personal, informational, noncommercial purposes;
(b) the Platform may not be modified or altered in any way; and
(c) the Platform may not be redistributed.
- Use of Materials You may download, store, display on
your computer, view, listen to, play and print Materials that
Datoin publishes or broadcasts on the Site or makes available
for download through the Site subject to the following: (a) the
Materials may be used solely for your personal, informational,
noncommercial purposes; (b) the Materials may not be modified or
altered in any way; and (c) the Materials may not be
redistributed.
- Reservation of Rights The Site and Content provided on
or through the Site are the intellectual property and
copyrighted works of Datoin or a third party provider. All
rights, title and interest not expressly granted with respect to
the Site and Content provided on or through the Site are
reserved. All Content is provided on an "As Is" and "As
Available" basis, and Datoin reserves the right to terminate the
permissions granted to you in Sections 2, 3 and 4 above and your
use of the Content at any time.
- Trial Access. You may be provided a trial account of
Datoin Platform, with the only purpose to know and try all the
functionalities of Datoin Platform. The trial account will be
available for a limited period, disclaimed on the same document
or e-mail that contained the promotional code for account
activation. If you have any doubt about the period of your trial
account, please use the help/contact option, inside Datoin
Platform, to contact us. Datoin reserve the right to choose if
you will receive a trial account of Datoin Platform. During the
time your trial account stay valid, you agree that you may
receive some calls, e-mails or communications from Datoin’s
members, with the purpose to explain the Datoin Platform
functions and the commercial conditions to contract a definitive
Datoin Platform account. At the end of the trial period, if you
decide to do not contract a definitive Datoin account, the
Datoin Trial account will be automatically closed. All the data,
content, and any other information associated to your Trail
account will be deleted.
- Your Content You agree that you will only upload, share,
post, publish, transmit, or otherwise make available ("Share")
on or through the Site Content that you have the right and
authority to Share and for which you have the right and
authority to grant to Datoin all of the licenses and rights set
forth herein. By Sharing Content, you grant Datoin a worldwide,
perpetual, royalty-free, irrevocable, nonexclusive, fully
sublicensable license to use, reproduce, modify, adapt,
translate, publish, publicly perform, publicly display,
broadcast, transmit and distribute the Content for any purpose
and in any form, medium, or technology now known or later
developed. This includes, without limitation, the right to
incorporate or implement the Content into any Datoin product or
service, and to display, market, sublicense and distribute the
Content as incorporated or embedded in any product or service
distributed or offered by Datoin without compensation to you.
You warrant that: (a) you have the right and authority to grant
this license; (b) Datoin's exercise of the rights granted
pursuant to this license will not infringe or otherwise violate
any third party rights; and (c) all so-called moral rights in
the Content have been waived to the full extent allowed by law.
You agree that you will neither use the Site in a manner, nor
Share any Content, that: (a) is false or misleading; (b) is
defamatory, derogatory, degrading or harassing of another or
constitutes a personal attack; (c) invades another's privacy or
includes, copies or transmits another's confidential, sensitive
or personal information; (d) promotes bigotry, racism, hatred or
harm against any group or individual; (e) is obscene or not in
good taste; (f) violates or infringes or promotes the violation
or infringement of another's rights, including intellectual
property rights; (g) you do not have the right and authority to
Share and grant the necessary rights and licenses for; (h)
violates or promotes the violation of any applicable laws or
regulations; (i) contains a solicitation of funds, goods or
services, or promotes or advertises goods or services; or (j)
contains any viruses, Trojan horses, or other components
designed to limit or harm the functionality of a computer.
Datoin may report you to the relevant authorities and may act
under the fullest extent of applicable laws if you transmit or
upload content intended or designed to cause harm. Datoin does
not want to receive confidential information from you through or
in connection with the Site. Notwithstanding anything that you
may note or state in connection with Sharing Content, it shall
not be considered confidential information and shall be received
and treated by Datoin on a non-confidential and unrestricted
basis and Datoin shall not take and shall not be required to
take any steps to safeguard the confidentiality of any
information that you Share, other than as specified in Datoin's
Privacy Policy.
- Security, Passwords and Means of Accessing the Site and
Content You agree not to access or use the Site in any manner
that could damage, disable, overburden, or impair any Datoin
accounts, computer systems or networks. You agree not to attempt
to gain unauthorized access to any parts of the Site or any
Datoin accounts, computer systems or networks. You agree not to
interfere or attempt to interfere with the proper working of the
Site or any Datoin accounts, computer systems or networks. You
agree not to use any robot, spider, scraper or other automated
means to access the Site or any Datoin accounts, computer
systems or networks without Datoin's express written permission.
If any of the Services require you to open an account, you must
complete the registration process by providing us with current,
complete and accurate information as required by the applicable
registration form. You may also be required to choose a password
and a user name. Access to and use of password protected or
secure areas of the Site are restricted to authorized users
only. You agree not to share your password(s), account
information, or access to the Site with any other person. You
are responsible for maintaining the confidentiality of
password(s) and account information, and you are responsible for
all activities that occur through the use of your password(s) or
account(s) or as a result of your access to the Site. You agree
to notify Datoin immediately of any use of your password(s) or
account(s) that you did not authorize or that is not authorized
by these Terms of Use.
- No Unlawful or Prohibited Use You agree not to use the
Site, or Content provided on or through the Site, for any
purpose that is unlawful or prohibited by these Terms of Use or
the rules, guidelines or terms of use posted for a specific area
of the Site or Content provided on or through the Site.
- Indemnity You agree to indemnify and hold harmless
Datoin, its officers, directors, employees and agents from and
against any and all claims, liabilities, damages, losses or
expenses, including reasonable attorneys' fees and costs, due to
or arising out of Content that you Share, your violation of
these Terms of Use or any additional rules, guidelines or terms
of use posted for a specific area of the Site or Content
provided on or through the Site, or your violation or
infringement of any third party rights, including intellectual
property rights.
- Monitoring Datoin has no obligation to monitor the Site
or screen Content that is shared on or through the Site.
However, Datoin reserves the right to review the Site and
Content and to monitor all use of and activity on the Site, and
to remove or choose not to make available on or through the Site
any Content in its sole discretion. Datoin may remove Content
that is confidential or proprietary to a third party without
that third party's permission.
- Termination of Use Datoin may, in its sole discretion,
at any time discontinue providing or limit access to the Site,
any areas of the Site or Content provided on or through the
Site. You agree that Datoin may, in its sole discretion, at any
time, terminate or limit your access to, or use of, the Site or
any Content. Datoin may terminate or limit your access to or use
of the Site if Datoin determines, in its sole discretion, that
you have infringed the copyrights of a third party. You agree
that Datoin shall not be liable to you or any third-party for
any termination or limitation of your access to, or use of, the
Site or any Content, including Content that you may have Shared.
- Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to Content,
products and services of third parties, including users,
advertisers, affiliates and sponsors of the Site. Datoin is not
responsible for third party Content provided on or through the
Site or for any changes or updates to such third party sites,
and you bear all risks associated with the access to, and use
of, such Web sites and third party Content, products and
services.
- Disclaimer EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE,
THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DATOIN
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT
PROVIDED ON OR THROUGH THE SITE. DATOIN MAKES NO WARRANTY THAT:
(A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE
SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE
WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT
PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET
YOUR EXPECTATIONS. ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE
OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN
DISCRETION AND RISK. DATOIN SHALL HAVE NO RESPONSIBILITY FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OR USE OF CONTENT. DATOIN RESERVES THE RIGHT TO
MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND
CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT
NOTICE.
- Limitation of Liability IN NO EVENT SHALL DATOIN BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE,
DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN
AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR
USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
- Exclusions and Limitations SOME JURISDICTIONS DO NOT
ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE
DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO
THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID,
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS
OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 13 AND 14, DO NOT
APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
- Privacy Policy Datoin is concerned about your privacy
and has developed a policy to address privacy concerns. For more
information, please see Datoin's Privacy Policy. Any personal
information collected on this Site may be accessed and stored
globally and will be treated in accordance with Datoin's Privacy
Policy. You understand that Datoin collects, uses, processes,
possesses, and otherwise stores your personal information and
utilization data and may share such data with third party
service providers for the purpose of improving or providing
services subject to Datoin's Privacy Policy.
- Persons Not of Age of Majority Persons who are not of
the age of majority are not eligible to use the Site, and we ask
that no information in relation to such persons be submitted to
us.
- Availability of Products Information on the Site may
reference or cross-reference Datoin products, programs, or
services that might not be available in your location. Such
references do not imply that Datoin plans to make such products,
programs, or services available in your location. Please contact
your local Datoin representative for more information.
- Waiver and Severability The failure of Datoin to
exercise or enforce any rights or provisions in these Terms of
Use shall not constitute a waiver of such right or provision. If
any part or provision of these Terms of Use is found to be
unenforceable, such part or provision may be modified to make
the Terms of Use as modified legal and enforceable. The balance
of the Terms of Use shall not be affected.
- Applicable Laws All matters relating to your access to,
and use of, the Site and Content provided on or through or
uploaded to the Site shall be governed by laws of Karnataka. Any
legal action or proceeding relating to your access to, or use
of, the Site or Content shall be instituted in the courts at
Bangalore. You and Datoin agree to submit to the jurisdiction
of, and agree that venue is proper in, these courts in any such
legal action or proceeding.
- Contact Information If you have any questions regarding
these Terms of Use, please contact Datoin at admin@datoin.com .
If you have any other questions, contact information is
available at the Contact Datoin page on the Site.