Terms of Use

THIS AGREEMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT,2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS/DOCUMENTS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011.THIS IS A COMPUTER-GENERATED ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. TERMS AND CONDITIONS MENTIONED IN THE AGREEMENT ARE A BINDING CONTRACT BETWEEN DIALOGUE 21 AND USERS. THE TERMS ARE EFFECTIVE UPON ACCEPTANCE AND SHALL GOVERN THE RELATIONSHIP BETWEEN DIALOGUE 21 AND USERS FOR SERVICES THROUGH WEBSITE www.dialogue21.in. IF THESE TERMS CONFLICT WITH ANY OTHER DOCUMENT/RECORDS, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL UNLESS AND UNTIL FURTHER CHANGE/MODIFICATIONS NOTIFIED BY DIALOGUE 21.

1. INTRODUCTION –

Welcome to www.dialogue21,in (Website/Mobile Application) that is absolutely owned and operated by “Dialogue 21” providing services relating to digital marketing (hereinafter referred to as “Dialogue 21”, which expression shall unless repugnant to the context thereof, include its successors and assigns) a sole proprietorship concern under laws of India.

If You (“You/Yourself/Subscriber/Guest/Visitor”) continue to browse and use this Website, You are agreeing to comply with and be bound by these terms and conditions of use of the Website (“Terms of Use”), which together with our privacy policy (“Privacy Policy”) govern Website’s relationship with You. If You disagree with any part of these Terms of Use, You may not use this Website and the Services provided through this Website.

 

2. DEFINITIONS –

“Dialogue 21”; “us”; “we”; “our” shall mean Dialogue 21, a sole proprietorship concern, having its office at 602, Manish Chambers, Sonawala Cross Road, I.B.Patel Estate, Goregaon (East), Mumbai 400063.

“Register” shall mean registering to the Website or accessing webpages created on the social media to avail the Services provided by the Website on the basis of terms and conditions provided in this Terms of Use.

“Services(s)” shall mean various services offered by us through Website or published on any social media including but not limited to digital marketing, advertisements, graphic designing, link building, content writing, social media management, website design and development, search engines and hosting video content courses, or any other allied services offered from time to time.

“Users” shall mean Users who visit and access the Website, who may or may not Register to avail Services.

“Website” shall mean www.dialogue21.in owned, operated and managed by us.

“You” or “Your” or “Yourself” refers to the Users or viewers of this Website.

 

3. AVAILING SERVICES –

The Services are subject to the acceptance of these Terms of Use and Privacy Policy of the Website by You.

You shall be able to access Services available on the Website at free of cost. As a guest, you can navigate and browse through the Website and can avail Services without registration.Services can be availed through online and offline mode. User can go through the details of Services and select the required Service. Once You Register for any particular Service, You are required to pay applicable fees for that Service.

 

4. REGISTRATION AND PASSWORD –

For Users, there is no fee to access the Website but in case any fees are made applicable to avail all or some of the offerings it shall be duly informed to You.There is no fee to register on the Website but in case any fees are made applicable shall be duly informed to You. You are required to fill up the form provided on the Website during the registration procedure. Registration can also be done through log in credentials on Facebook or any other mode as prescribed by Website from time to time. In case You login through Facebook, or any other such platform, You authorise the platform to obtain and verify Your credentials with such platforms.

You are required to provide personal details while registering on the Website. You will require to provide information including but not limited to full name, address, postal code, city, state, country, email ID, login ID, password, mobile number, PAN or Aadhar Card details, name and address of company/organisation (if user is representing any company or organisation), type of business entity, department as well as designation of employees (in case of corporate professionals, MSME’s, SME’s, trusts etc), Service requirements etc.

You agree that at the time of registration, the information provided by You shall always be accurate, correct and complete. You shall be responsible for maintaining the confidentiality of Your account and password and You agree to accept responsibility for all activities that occur under Your account. You can change Your profile information and any other details that You have shared with the Website and You shall promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You. You shall provide any additional information as required by the Website from time -to- time. We also reserve the right to refuse registration or delete accounts at our sole discretion. You must not set up an account on behalf of another individual or entity unless You are authorized to do so. You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions committed by You.

 

5. SERVICE DESCRIPTION –

Through this Website, we provide Services to Users as mentioned below –

1. Website is engaged in the business of providing a platform that offers plethora of services related to digital marketing, advertisements, graphic designing, link building, content writing, social media management, website design and development, search engines, online workshops through video hosting.
2. The Services are mainly offered to different types of business owners, professionals, MSME’s, corporate professionals, multinationals, educational institutions such as schools, colleges, coaching classes, NGO’s, celebrities etc.
3. Dialogue 21 conduct courses, workshops and host video content for the Users who are keen to learn skills and gain knowledge related to digital marketing, branding and advertising services.
4. In case Dialogue 21 is required to cancel any scheduled Service due to unforeseen circumstances, Dialogue 21 will endeavour to reschedule the same Service at future date and duly informed to you.

6. USE OF WEBSITE –

• Use of Website is subject to these Terms of Use, Privacy Policy and any other policies and conditions that may be notified on the Website.
• You may avail Services available on Website from time to time.
• You understand and acknowledge that it is Your responsibility to read and understand all information as well as details about each Services before You proceed to avail the same.
• Before actual registration with Website and executing payment procedure, You shall ensure that, You fill in correct data for availing particular Service as per your requirement.
• In case of any wrong information or data is provided, You may not be able to avail appropriate Services and You shall be solely liable at Your cost for replacement.
• Once you Register with Website to avail the Services, You shall be directed to payment gateway option for making the payment as per the terms and condition specified therein. On making the necessary payment, You shall receive confirmation email stating details of Services for which you have registered.
• We may share notification of our new services on Website or other social media website, and also notify you through emailsor any other mode of communication.
• In case you are availing Services through online mode, confirm and ensure that facility for internet connection shall be non-disrupted and the Website and Dialogue 21 shall not be responsible or liable for any disruption or error while using Service.

7. MODE OF PAYMENT –

User agrees to make payment with the help of payment gateway or by any other mode as may be made available on Website from time to time. User agrees to abide by and adhere to the terms and conditions of Payment Gateway providers. Dialogue 21 shall provide information regarding prices of the Services and Users liability with respect to tax and GST as applicable from time to time. Website may give discounts and/or offer combined Services to some Users as decided by Website from time to time.The payments shall be secured as per permissible remittance mechanism and payment gateways. The Users understand and acknowledge that Website undertakes utmost care to provide secure online payment system, however, it is susceptible to hacking, virus attacks, malfunction. The Users undertake all payments subject to own risk and volition. The Website shall not be liable for any loss or damage occurred to you due to any such malfunction, errors and/or unscrupulous activities.

 

8. REFUND AND EXCHANGE POLICY –

The Website shall not provide refunds or adjust any fees in whatsoever manner.

 

9. CHANGE IN TERMS –

Website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) available on the Website with or without notice. Further, the Website reserves the right to change these Terms of Use at any time. Website will provide a notification or pop up in case of any changes in Terms of Use and any other Policy. You are responsible to regularly review the Terms of Use. Continued use of the Website after any such changes shall constitute Your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use; any Policy or practice of ours in operating the Website or any Content available through the Website, is to exercise discontinuation of usage of Website.

 

 

10. CONTENT AVAILABLE –

We follow ethical business practices and intend to provide the content which is authorised, relevant and applicable and does not infringe any third party’s rights. You acknowledge that Website does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that is shared by Users or any other content provider (collectively, the “Content”) which You may have access to as a part of the Website, or through Your use of this Website. Under no circumstances, Website is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Website. You understand that by using this Website, You may be exposed to Content that You may consider inappropriate, dangerous, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs or due to any other reason. In case You notice any violation of Your intellectual property rights, You shall register Your complaint through email to the Website on prachi@dialogue21.in. After registering the complaint, Website will take appropriate legal actions against such incidence including removal of such Content.

 

 

11. CONTENT SUPPLIED BY YOU –

You represent, warrant, and agree that no content or details shared by You with Website (“Your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.

You grant us a personal, limited, revocable, non-transferable and non-exclusive right to use Your Content and details including but not limited to blogs, comments, video, audio, trademarks, service marks, logos etc. submitted by You, You also grant us the right (i) to display Your Content and details on the Website or any other social media platform (ii) promote or distribute it for the access of other Users.

You agree that You are solely responsible for Your Content made available by You through the Website including but not limited to any liabilities arising out of any third-party infringement claims.

We reserve the right to screen, refuse to post, remove or edit Your Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting of such content in a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact You for further information including, for example, to verify that You own the copyright or otherwise obtain necessary permission to post the material.

12. LINK TO THIRD PARTY SITES –

This Website may contain links to other platforms owned and operated by third parties who are not related to the Website (“Linked Platforms”). The Linked Platforms are not under the control of Website and Website is not responsible for the content of any Linked Platforms or any hyperlink contained in a Linked Platform and makes no representation or warranty with respect to the content of any such third-party sites.

Website provides these links to You for convenience only and the inclusion of any link does not imply any endorsement of the Linked Platform by Website. Your link to any such Linked Platform is entirely at Your own risk. Website is not a party to any transaction between You and a Linked Platform. Your use of a Linked Platform is subject to the terms and conditions of that site.

The Website may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services unless specifically mentioned by Dialogue 21. You are referred to the relevant advertiser for all information regarding the advertisement and its products or services. Website accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

 

13. ANCILLIARY SERVICES –

You may get access to message boards, chat rooms, forums, blogs, emails, workshop, seminars and other feature (“Ancillary Services”) that are offered from time to time on the Website and may be operated by us or by a third party on our behalf. As elaborated in Ownership of Intellectual Property Rights, Dialogue 21 shall not be responsible for any copyright infringement for the blogs written on the Website. You shall not use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism or otherwise violating the legal rights, such as rights if privacy of others) or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity.

14. PROHIBITED CONDUCT –

You agree not to engage in any of the following activities:

Violating laws and rights:

You shall not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

Solicitation:

You shall not use the Website, or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.

Disruption:

You shall not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Website; including by

(a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Website, or violating any regulation, policy, or procedure of any network, equipment, or server.

Harming others:

You shall not share or transmit Content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not intimidate or harass another through the Website; and, You may not post or transmit any personally identifiable information about persons without obtaining such persons express permission to so through the Website.

Impersonation or unauthorized access:

You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Website. You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Website, or the computer systems or networks connected to the Website, through hacking password mining or any other means.

15. DISCLAIMER OF WARRANTIES –

You expressly acknowledge and agree that use of the Website and the provision of the Services is entirely at Your own risk and that the Website and the Services therein are provided on an “as is” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Dialogue 21, its officers, partners, employees, and agents disclaim all warranties, express or implied, in connection with the Website, provision of Services and your use thereof. Dialogue 21 makes no warranties or representations that-

1. the content shared on the Website or any third party platforms linked to the Website are accurate or complete,
2. The Website will meet your requirements,
3. The Website will be available on an uninterrupted, timely, secure, or error-free basis,
4. The results that may be obtained from the use of the Website will be accurate or reliable.

We may occasionally for brief periods suspend the operations of the Website for maintenance, updations or support work as we may deem appropriate. We are not liable for any inconvenience, loss or damages that may be caused to you during such periods of suspension.

We shall not be or responsible for any-

• Errors, mistakes, or inaccuracies of content;
• Personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Website;
• Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein;
• Any interruption or cessation of transmission to or from the Website;
• Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or;
• Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via Website. Website does not warrant, endorse, guarantee, or assume responsibility for any Service advertised or offered through the Website or any hyperlinked platform or featured in any banner or other advertising.

16. LIMITATION OF LIABILITY –

In no event shall Dialogue 21, its officers, partners, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Dialogue 21 has been advised of the possibility of such damages), resulting from any aspect of Your use of the Website, including without limitation whether the damages arise from use or misuse of the Website, from inability to use the Website, or the interruption, suspension, modification, alteration, or termination of the Website. Such limitation of liability shall also apply with respect to damages incurred by reason of Services or rendered through or advertised in connection with the Website or any links on the Website, as well as by reason of any information, opinions or advice received through or advertised in connection with the Website or any links on the Website. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Dialogue 21 shall not be liable for user details or content or defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with You.

In any event, the total aggregate liability of Website to You under any applicable law whatsoever for all loss or damage arising out of access to the Website shall be limited to amount of Services availed by You on the Website.

17. INDEMNIFICATION –

You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (i) Details and Content that You submit or transmit for the Services (ii) Your violation of any rights of any other person in connection with the Website, (iii) infringement of any third party intellectual property rights, (iv) any breach of the terms and conditions of this Terms of Use, (v) any breach of applicable law and regulation (vi) any representation and warranties made in relation to the Services and (vi) transactions (present and subsequent) between You and the Users.

18. PRIVACY POLICY –

The Website is committed to responsibly handling the information and data we collect through the Website in compliance with our Privacy Policy. Please refer to our Privacy Policy. The data provided by the Users shall be kept with the administrator of the Website and may be used subject to terms of Privacy Policy.

19. OWNERSHIP OF INTELLECTUAL PROPERTY –

The Website and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Website are owned by Dialogue 21 and its affiliates, subsidiaries, licensors as the case may be. The Website respects copyright, and we prohibit Users from using the Content for professional gain, commercial purposes or using such content on social media without prior written permission of Dialogue 21.

If You believe that the Website contains elements that infringe Your intellectual property rights in Your work, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion. If You believe that material or Services infringes a copyright, You may notify us at prachi@dialogue21.in with the details.

All materials on this Website, including but not limited to audio, images, software, text, icons and such like (the “Website Content”), are protected by copyright under the copyright laws. You cannot use the Website Content, except as specified herein. Users are not allowed to use the Website Content for any purpose other than specifically permitted herein. In case of violation of copyright laws, You shall be liable under Section 51 of Copyright Act, 1957 or any other such regulations from time to time.

There may be proprietary logos, service marks and trademarks found on the Website whether owned/used by us or otherwise. By displaying them on the Website, we are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Website Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

20. TERMINATION –

If You wish to terminate this Agreement, You may immediately stop accessing or using this Website. Your right to access and use the Website terminates automatically upon Your material breach of any ofthetermsoftheseTermsofUse.WebsitereservestherighttomodifyordiscontinueYourAccount at any time for any material breach of the obligations under these Terms ofUse.

Survival:The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions shall survive any termination.

 

21. CUSTOMER SUPPORT –

Any complaints/suggestions/queries regarding Services will be resolved through email between You and the Website as the case may be. You can write to the Website at prachi@dialogue21.in

 

22. MISCELLENOUS TERMS –

Choice of Law and Jurisdiction: These Terms of Use are governed by and construed according to the laws of India, the acceptance of the Terms of Use shall be deemed to have been given at Mumbai and the courts in Mumbai, Maharashtra shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.

Force Majeure: Without limiting the foregoing, under no circumstances shall the Website is held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, epidemic, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Website.

No waiver: The Website’s failure to insist on or enforce strict performance of any of the terms of these Terms of Use shall not be construed as a waiver of any provision or right.

Severability: If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

No agency relationship: You agree that no joint venture, employment, or agency relationship exists between You and the Website as a result of these Terms of Use or from Your use of the Website or the Services.

Entire Agreement: These Terms of Use and Privacy Policy constitute the entire agreement between You and the Website and supersede any and all prior communications and/or agreements between You and the Website relating to this subject matter.

Additional Conditions For Users Outside India: You agree and acknowledge that the Website facilitates provision of Services in India and the rules, regulations and consumer rights may differ from Your local geographical legal systems and You may not receive the same consumer protection benefits or rights.

There are certain privacy related regulations applicable to certain specific geographies, such privacy related regulations may not be applicable in India. Services are sold within the territory of India. In case You avail any Services outside India, and if such Services are not allowed in the geography where it needs to be delivered and hence it causes breach of any laws and regulations of that geography, the Website shall not be liable in whatsoever manner.