Terms & Conditions

ILLEGAL USE

The Services of the Provider Company may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, and violates export control laws or anti national. The provider company will not be held LIABLE for use of any Stolen Property by its users.

SUBSCRIBER CONDUCT

Subscriber shall use Company services for lawful purposes only. Subscriber shall not post or transmit using Company services 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 the right to civil liability or otherwise violate any law, or which, without the Company express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in the Company discretion restricts or inhibits any other Subscriber from using or enjoying Company services will not be permitted. Subscriber shall not use Company services 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 Company services.

Subscriber shall not upload, post or otherwise make available using Company services 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 the 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.

SYSTEM AND NETWORK SECURITY

Violations of system or network security are prohibited, and may result in criminal and Civil Liability. The Company will investigate incidents involving such violations and may involve/will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

  • ● Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  • ● Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
  • ● Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • ● Forgery of any identification or obscuring of host names, usernames, IP addresses, or any message header information in any data.
  • ● Harassing or threatening transmissions.
  • ● Probing for means of gaining unauthorized access to computers or networks.
  • ● Introducing or causing to be introducing any computer contaminant or computer viruses into system or network.
  • ● Introducing or causing to introduce any pornography material, SMS, and so on.

INDEMNIFICATION

Subscribers agree 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 Company Services by the subscriber or anybody else than the Subscriber, if any.

SMS

It is a condition of use of Company services that subscriber does not 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 any other material, which violates or infringes upon the rights of others, including material, which is 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.

User cannot use any sender Id to send SMS other than his own name, company or firm's name owned or managed by him/her. Using sender Id other than owned by him will cause the termination of account and all credits will be set to zero. A formal complaint will also be lodged (FIR) with the law and order agency.

Sending unsolicited SMS messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.

Company has no control on the contents of the SMS sent and Company shall not be held responsible/liable directly or indirectly neither for the content of the SMS sent nor for any delay in delivery or non-delivery or for any errors routed by Company through its SMSC.

Company shall not be responsible in any manner due to errors caused on account of internet delays, disconnection, time outs, routing problems, and so on.

User shall use the facilities provided by Company for delivery of MT SMS that terminates within India only. User also acknowledges that it will not use the capability of sending international SMS through Company SMSC.

User will not send unsolicited SMS (also referred to as ‘spamming’) to subscribers. All SMS sent by the user using Company SMSC must conform to IT Act 2000 and other relevant laws of India. Any violation will be the sole responsibility of user.

User has complete control of the Sender-ID (Alphanumeric or Numeric) of the MT SMS sent through Company SMS and will not misuse this facility. In case it is found that user is misusing this facility by sending a message on someone’s name without his/her approval, it shall be treated as a breach of this agreement and the connection will be disconnected forthwith. It shall be the sole responsibility of user and Company will in no way responsible for any such message and the subsequent fallout.

Company shall strive to deliver SMS immediately upon receipt from the user. However, Company shall not be responsible for any delay, non receipt of SMS or any other interruption in providing SMSC facility, which may occur due to technical reasons or snags in the system, breakdown of SMSC or any other equipment, server breakdown, maintenance shutdown, breakdown of communication services and such interruption are beyond the control of Company. However, Company acknowledges that it will put in its best endeavours to achieve the best success rate in delivery of the SMS messages so routed through its SMSC

COST POLICY

In consideration of Company forwarding the SMS through its SMSC, User shall pay the agreed amount per SMS + taxes sent anywhere within India.

Company shall be entitled to charge for all the SMS routed by its SMSC, irrespective of any delay, incomplete message and or non-receipt of the message by the irrespective mobile phone to whom such SMS has been forwarded. Company will notify any change in tariff to User.

Company shall raise bills at the time of buying the credits by the user. The number of Empty SMS submitted by the user shall be counted for settlement.

ervice Taxes would be as applicable, currently @18%.

User agrees to pay the bill amount immediately when sent by Company. Such payments shall be in Indian Rupees (INR).

The bill generated by Company shall be the conclusive proof of the SMS sent by SMSC of Company and the same shall be honoured by the user. However, in case of any anomaly found by the user, he will present its statistics and both parties will resolve the anomaly.

Company shall not be responsible in any manner whatsoever to a user or any other third party for delayed, incomplete and non-delivery of SMS due to technical reasons.

No unsolicited/objectionable message should be sent by the user.

Bulk SMS will be sent by the user to national customer only.

In case TRAI / Operator(s) levies ANY Extra Charges above 1 Paisa per SMS e.g. interconnection Charges, the User will have to bear all such charges for the Balance SMS Credits in their account. The Provider Company reserves the Right to suspend User Account 7 days after giving a Notification by E-Mail or SMS to the Client in case the client does not deposit the Differential Amount to the Provider. A copy of all such Policies will be provided to the customer before charging anything extra.

Nature of content, intention behind sending bulk SMS, and the use of and primary applications to be specified by the user.

The Bulk SMS rates are subject to change.

In case of change/revision of IUC for inter operator termination charges; these bulk SMS charges will be revised.

Last one Year report available on panel.

REFUND POLICY

Before starting any relationship with us. We advise you to test our services. We do not offer any refund of money at any stage or at any condition once the transaction has done, unless Company agreed.

In case, Company agreed to refund money it will take 60 to 90 days but not more than that from the date of a request received by Company through an e-mail (registered with the Company) or by regular post. All charges like monthly fee (pro-rata basis), SMS charges, a 30% processing charges will be deducted from the refundable amount.

ENFORCEMENT OF TERMS AND CONDITIONS FOR COMPANY SUBSCRIBERS

Indirect or attempted violations of the policy and actual or attempted violations by a third party on behalf of a Company subscriber or a subscriber's end user shall be considered a violation of the policy by such a customer or end user. Any user found violating the above Terms and Conditions is liable for action under the prevailing laws including termination of services without any prior notice.

We also want to advise you that if, you do not agree with any of the conditions mentioned above kindly do not register with us, once the payment is received or, even if One SMS credit is consumed, the provider company will not be liable for a refund of the amount.

PRIVACY POLICY

The Digital Add is committed to safeguarding its users' privacy. We request all our users to read the following 'privacy policy' to understand how their personal & business information will be treated, as they make full use of our services to their benefit. This policy is applicable only to the entire network of marketplaces operated by The Digital Add and not by any other company.

The Digital Add collects information from its users when they register to gain access to our services or at other specific instances when they are requested to provide us with their personal & business information. During registration, we ask the users for their name, email address, business information and other personal details. Once a user registers, he/she is no longer anonymous to nimbusitsolutions.com and it is deemed that the user has given The Digital Add the right to publish the desired business & personal details throughout its marketplaces, including but not limited to, business directory, trade leads, catalogs etc.

When you are on our network and are asked for personal information, you are sharing the information with The Digital Add alone, unless it is specifically stated otherwise. Promotions that run on our network may be sponsored by companies other than ET or may be co-sponsored by The Digital Add and another company. Some or all data collected during a promotion may be shared with the sponsor. If the data will be shared, you will be notified prior to the time of data collection or transfer. You can decide not to participate in the promotion if you don't want your data to be shared.

We also gather usage statistics such as pages viewed, number of unique visitors, browser software, screen resolution etc. for analysis that helps us provide you improved user experience and services.

The Digital Add's primary goal in collecting personal or public information is to provide the user with a customized experience on our network of sites. This includes personalization services, interactive communications and many other types of services, most of which are completely free. Business information is used to display the user's business listing or product offerings across our network to fetch maximum business opportunities for the user.

In order to provide services free of charge, The Digital Add displays advertisements based upon the site usage statistics and visitor trends. The Digital Add uses user's personal & business information to serve targeted advertisements through its websites, newsletters and customized mailers. In addition to it, once the user's personal and business information is displayed on our network, the user may start receiving business enquiries from various buyers and sellers, that might or might not be of their interest. The Digital Add does not exercise any control over its users for sending business enquiries to the listed members.

As a general rule, The Digital Add will not disclose or share any of the user's personally identifiable information except when The Digital Add has the user's permission or under special circumstances, such as when The Digital Add believes in good faith that the law requires it or as permitted in terms of this policy.

The Digital Add may also disclose account information in special cases when The Digital Add has reasons to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating The Digital Add's Terms of Services or may be causing injury to or interference with (either intentionally or unintentionally) ET's rights or property, other The Digital Add network website users, or if The Digital Add deems it necessary to maintain, service, and improve its products and services.

The Digital Add may, from time to time, send its users emails regarding its products and services. In addition, The Digital Add may occasionally send direct mails about products and services of third parties that it feels may be of interest to the user.Only The Digital Add or its agents working under confidentiality agreements will send these direct mailings.

A user may edit his/her account information and profile by logging onto our website and/or by sending a request to info@thedigitaladd.in The requested changes may take upto 30 days to appear online because of verification process and server cache policies.

A user account can be deleted or deactivated, but doing so will result in the user not being able to access any members-only area of the network. Residual information will remain within our archive records.

As with all information, The Digital Add will never sell any user's personal or business information until and unless it is permitted by the user. Any user statistics that we may provide to prospective advertisers or partners regarding product or service usage on The Digital Add network is provided in an aggregate form only and does not include any personally identifiable information about any individual user.

We request our users to sign out of their The Digital Add account and close their browser window when they have finished their work. This is to ensure that others cannot access their personal or business information and correspondence, if the user shares the computer with someone else or is using a computer in a public place. The Digital Add takes necessary steps, within its limits of commercial viability and necessity, to ensure that the user's information is treated securely.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while The Digital Add strives to protect the user's personal & business information, it cannot ensure the security of any information transmitted to The Digital Add and you do so at your own risk. Once The Digital Add receives your transmission, it makes best efforts to ensure its security in its systems. Please keep in mind that whenever you post personal & business information online, that is accessible to the public, you may receive unsolicited messages from other parties.

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