TERMS AND CONDITIONS

Last updated March 15, 2024

TABLE OF CONTENTS

1. AGREEMENT TO TERMS

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PROHIBITED ACTIVITIES

6. USER GENERATED CONTRIBUTIONS

7. CONTRIBUTION LICENSE

8. MOBILE APPLICATION LICENSE

9. SUBMISSIONS

10. SITE MANAGEMENT

11. PRIVACY POLICY

12. TERM AND TERMINATION

13. MODIFICATIONS AND INTERRUPTIONS

14. GOVERNING LAW

15. DISPUTE RESOLUTION

16. CORRECTIONS

17. DISCLAIMER

18. LIMITATIONS OF LIABILITY

19. INDEMNIFICATION

20. USER DATA

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND

SIGNATURES

22. MISCELLANEOUS

23. CONTACT US

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you,

whether personally or on behalf of an entity (“you”) and Divine Technocraft

Limited ("Company," “we," “us," or “our”), concerning your access to and use of

the divinetechnocraft.com website as well as any other media form, media

channel, mobile website or mobile application related, linked, or otherwise

connected thereto (collectively, the “Site”). We are registered in India and have our

registered office at Divine Technocraft
108 / Ganesh Glory Jagatpur-chenpur road, Near BSNL Office, Jagatpur, S.G Highway Ahmedabad 382481

You agree that by accessing the Site, you have read,

understood, and agreed to be bound by all of these Terms of Use. IF YOU DO

NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE

EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST

DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site

from time to time are hereby expressly incorporated herein by reference. We

reserve the right, in our sole discretion, to make changes or modifications to these

by updating the “Last updated” date of these Terms of Use, and you waive any

right to receive specific notice of each such change. Please ensure that you check

the applicable Terms every time you use our Site so that you understand which

Terms apply. You will be subject to, and will be deemed to have been made aware

of and to have accepted, the changes in any revised Terms of Use by your

continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by

any person or entity in any jurisdiction or country where such distribution or use

would be contrary to law or regulation or which would subject us to any

registration requirement within such jurisdiction or country. Accordingly, those

persons who choose to access the Site from other locations do so on their own

initiative and are solely responsible for compliance with local laws, if and to the

extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age

of 18 are not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code,

databases, functionality, software, website designs, audio, video, text, photographs,

and graphics on the Site (collectively, the “Content”) and the trademarks, service

marks, and logos contained therein (the “Marks”) are owned or controlled by us or

licensed to us, and are protected by copyright and trademark laws and various

other intellectual property rights and unfair competition laws of the United States,

international copyright laws, and international conventions. The Content and the

Marks are provided on the Site “AS IS” for your information and personal use

only. Except as expressly provided in these Terms of Use, no part of the Site and

no Content or Marks may be copied, reproduced, aggregated, republished,

uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed,

sold, licensed, or otherwise exploited for any commercial purpose whatsoever,

without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to

access and use the Site and to download or print a copy of any portion of the

Content to which you have properly gained access solely for your personal, noncommercial use. We reserve all rights not expressly granted to you in and to the

Site, the Content and the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information

you submit will be true, accurate, current, and complete; (2) you will maintain the

accuracy of such information and promptly update such registration information as

necessary; (3) you have the legal capacity and you agree to comply with these

you will not access the Site through automated or non-human means, whether

through a bot, script, or otherwise; (6) you will not use the Site for any illegal or

unauthorized purpose; and (7) your use of the Site will not violate any applicable

law or regulation.

If you provide any information that is untrue, inaccurate, not current, or

incomplete, we have the right to suspend or terminate your account and refuse any

and all current or future use of the Site (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password

confidential and will be responsible for all use of your account and password. We

reserve the right to remove, reclaim, or change a username you select if we

determine, in our sole discretion, that such username is inappropriate, obscene, or

otherwise objectionable.

5. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we

make the Site available. The Site may not be used in connection with any

commercial endeavors except those that are specifically endorsed or approved by

us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or

compile, directly or indirectly, a collection, compilation, database, or

directory without written permission from us.

• Trick, defraud, or mislead us and other users, especially in any

attempt to learn sensitive account information such as user

passwords.

• Circumvent, disable, or otherwise interfere with security-related

features of the Site, including features that prevent or restrict the use

or copying of any Content or enforce limitations on the use of the Site

and/or the Content contained therein.

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the

Site.

• Use any information obtained from the Site in order to harass, abuse,

or harm another person.

• Make improper use of our support services or submit false reports of

abuse or misconduct.

• Use the Site in a manner inconsistent with any applicable laws or

regulations.

• Engage in unauthorized framing of or linking to the Site.

• Upload or transmit (or attempt to upload or to transmit) viruses,

Trojan horses, or other material, including excessive use of capital

letters and spamming (continuous posting of repetitive text), that

interferes with any party’s uninterrupted use and enjoyment of the

Site or modifies, impairs, disrupts, alters, or interferes with the use,

features, functions, operation, or maintenance of the Site.

• Engage in any automated use of the system, such as using scripts to

send comments or messages, or using any data mining, robots, or

similar data gathering and extraction tools.

• Delete the copyright or other proprietary rights notice from any

Content.

• Attempt to impersonate another user or person or use the username

of another user.

• Upload or transmit (or attempt to upload or to transmit) any material

that acts as a passive or active information collection or transmission

mechanism, including without limitation, clear graphics interchange

formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar

devices (sometimes referred to as “spyware” or “passive collection

mechanisms” or “pcms”).

• Interfere with, disrupt, or create an undue burden on the Site or the

networks or services connected to the Site.

• Harass, annoy, intimidate, or threaten any of our employees or

agents engaged in providing any portion of the Site to you.

• Attempt to bypass any measures of the Site designed to prevent or

restrict access to the Site, or any portion of the Site.

• Copy or adapt the Site’s software, including but not limited to Flash,

PHP, HTML, JavaScript, or other code.

• Except as permitted by applicable law, decipher, decompile,

disassemble, or reverse engineer any of the software comprising or in

any way making up a part of the Site.

• Except as may be the result of standard search engine or Internet

browser usage, use, launch, develop, or distribute any automated

system, including without limitation, any spider, robot, cheat utility,

scraper, or offline reader that accesses the Site, or using or launching

any unauthorized script or other software.

• Use a buying agent or purchasing agent to make purchases on the

Site.

• Make any unauthorized use of the Site, including collecting

usernames and/or email addresses of users by electronic or other

means for the purpose of sending unsolicited email, or creating user

accounts by automated means or under false pretenses.

• Use the Site as part of any effort to compete with us or otherwise use

the Site and/or the Content for any revenue-generating endeavor or

commercial enterprise.

• Use the Site to advertise or offer to sell goods and services.

• Sell or otherwise transfer your profile.

6. USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with

the opportunity to create, submit, post, display, transmit, perform, publish,

distribute, or broadcast content and materials to us or on the Site, including but not

limited to text, writings, video, audio, photographs, graphics, comments,

suggestions, or personal information or other material (collectively,

"Contributions"). Contributions may be viewable by other users of the Site and

through third-party websites. As such, any Contributions you transmit may be

treated in accordance with the Site Privacy Policy. When you create or make

available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and

the accessing, downloading, or copying of your Contributions do not and

will not infringe the proprietary rights, including but not limited to the

• You are the creator and owner of or have the necessary licenses, rights,

consents, releases, and permissions to use and to authorize us, the Site, and

other users of the Site to use your Contributions in any manner contemplated

by the Site and these Terms of Use.

• You have the written consent, release, and/or permission of each and every

identifiable individual person in your Contributions to use the name or

likeness of each and every such identifiable individual person to enable

inclusion and use of your Contributions in any manner contemplated by the

Site and these Terms of Use.

• Your Contributions are not false, inaccurate, or misleading.

• Your Contributions are not unsolicited or unauthorized advertising,

promotional materials, pyramid schemes, chain letters, spam, mass mailings,

or other forms of solicitation.

• Your Contributions are not obscene, lewd, lascivious, filthy, violent,

harassing, libelous, slanderous, or otherwise objectionable (as determined by

us).

• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse

anyone.

• Your Contributions are not used to harass or threaten (in the legal sense of

those terms) any other person and to promote violence against a specific

person or class of people.

• Your Contributions do not violate any applicable law, regulation, or rule.

• Your Contributions do not violate the privacy or publicity rights of any third

party.

• Your Contributions do not violate any applicable law concerning child

pornography, or otherwise intended to protect the health or well-being of

minors.

• Your Contributions do not include any offensive comments that are

connected to race, national origin, gender, sexual preference, or physical

handicap.

• Your Contributions do not otherwise violate, or link to material that violates,

any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and

may result in, among other things, termination or suspension of your rights to use

the Site.

7. CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information

and personal data that you provide following the terms of the Privacy Policy and

your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we

can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full

ownership of all of your Contributions and any intellectual property rights or other

proprietary rights associated with your Contributions. We are not liable for any

statements or representations in your Contributions provided by you in any area on

the Site. You are solely responsible for your Contributions to the Site and you

expressly agree to exonerate us from any and all responsibility and to refrain from

any legal action against us regarding your Contributions.

8. MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a

revocable, non-exclusive, non-transferable, limited right to install and use

the mobile application on wireless electronic devices owned or controlled

by you, and to access and use the mobile application on such devices

strictly in accordance with the terms and conditions of this mobile

application license contained in these Terms of Use. You shall not: (1)

except as permitted by applicable law, decompile, reverse engineer,

disassemble, attempt to derive the source code of, or decrypt the

application; (2) make any modification, adaptation, improvement,

enhancement, translation, or derivative work from the application; (3)

violate any applicable laws, rules, or regulations in connection with your

access or use of the application; (4) remove, alter, or obscure any

proprietary notice (including any notice of copyright or trademark) posted

by us or the licensors of the application; (5) use the application for any

revenue generating endeavor, commercial enterprise, or other purpose for

which it is not designed or intended; (6) make the application available over

a network or other environment permitting access or use by multiple

devices or users at the same time; (7) use the application for creating a

product, service, or software that is, directly or indirectly, competitive with

or in any way a substitute for the application; (8) use the application to send

automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our

other intellectual property in the design, development, manufacture,

licensing, or distribution of any applications, accessories, or devices for use

with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from

either the Apple Store or Google Play (each an “App Distributor”) to access

the Site: (1) the license granted to you for our mobile application is limited

to a non-transferable license to use the application on a device that utilizes

the Apple iOS or Android operating systems, as applicable, and in

accordance with the usage rules set forth in the applicable App Distributor’s

support services with respect to the mobile application as specified in the

terms and conditions of this mobile application license contained in these

acknowledge that each App Distributor has no obligation whatsoever to

furnish any maintenance and support services with respect to the mobile

application; (3) in the event of any failure of the mobile application to

conform to any applicable warranty, you may notify the applicable App

Distributor, and the App Distributor, in accordance with its terms and

policies, may refund the purchase price, if any, paid for the mobile

application, and to the maximum extent permitted by applicable law, the

App Distributor will have no other warranty obligation whatsoever with

respect to the mobile application; (4) you represent and warrant that (i) you

are not located in a country that is subject to a U.S. government embargo,

or that has been designated by the U.S. government as a “terrorist

supporting” country and (ii) you are not listed on any U.S. government list

of prohibited or restricted parties; (5) you must comply with applicable thirdparty terms of agreement when using the mobile application, e.g., if you

have a VoIP application, then you must not be in violation of their wireless

data service agreement when using the mobile application; and (6) you

acknowledge and agree that the App Distributors are third-party

beneficiaries of the terms and conditions in this mobile application license

contained in these Terms of Use, and that each App Distributor will have

the right (and will be deemed to have accepted the right) to enforce the

terms and conditions in this mobile application license contained in these

9. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions,

ideas, feedback, or other information regarding the Site ("Submissions")

provided by you to us are non-confidential and shall become our sole

property. We shall own exclusive rights, including all intellectual property

rights, and shall be entitled to the unrestricted use and dissemination of

these Submissions for any lawful purpose, commercial or otherwise,

without acknowledgment or compensation to you. You hereby waive all

moral rights to any such Submissions, and you hereby warrant that any

such Submissions are original with you or that you have the right to submit

such Submissions. You agree there shall be no recourse against us for any

alleged or actual infringement or misappropriation of any proprietary right in

your Submissions.

10. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for

violations of these Terms of Use; (2) take appropriate legal action against

anyone who, in our sole discretion, violates the law or these Terms of Use,

including without limitation, reporting such user to law enforcement

authorities; (3) in our sole discretion and without limitation, refuse, restrict

access to, limit the availability of, or disable (to the extent technologically

feasible) any of your Contributions or any portion thereof; (4) in our sole

discretion and without limitation, notice, or liability, to remove from the Site

or otherwise disable all files and content that are excessive in size or are in

any way burdensome to our systems; and (5) otherwise manage the Site in

a manner designed to protect our rights and property and to facilitate the

proper functioning of the Site.

11. PRIVACY POLICY

We care about data privacy and security. By using the Site, you agree to be bound

by our Privacy Policy posted on the Site, which is incorporated into these Terms of

Use. Please be advised the Site is hosted in India. If you access the Site from any

other region of the world with laws or other requirements governing personal data

collection, use, or disclosure that differ from applicable laws in India, then through

your continued use of the Site, you are transferring your data to India, and you

agree to have your data transferred to and processed in India.

12. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the

Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS

OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION

AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE

OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO

ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING

WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,

WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE

OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY

TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE

YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU

POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE

DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited

from registering and creating a new account under your name, a fake or

borrowed name, or the name of any third party, even if you may be acting

on behalf of the third party. In addition to terminating or suspending your

account, we reserve the right to take appropriate legal action, including

without limitation pursuing civil, criminal, and injunctive redress.

13. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site

at any time or for any reason at our sole discretion without notice. However,

we have no obligation to update any information on our Site. We also

reserve the right to modify or discontinue all or part of the Site without

notice at any time. We will not be liable to you or any third party for any

modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may

experience hardware, software, or other problems or need to perform

maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or

otherwise modify the Site at any time or for any reason without notice to

you. You agree that we have no liability whatsoever for any loss, damage,

or inconvenience caused by your inability to access or use the Site during

any downtime or discontinuance of the Site. Nothing in these Terms of Use

will be construed to obligate us to maintain and support the Site or to

supply any corrections, updates, or releases in connection therewith.

14. GOVERNING LAW

These Terms shall be governed by and defined following the laws of India. Nits

Technology Private Limited and yourself irrevocably consent that the courts of

India shall have exclusive jurisdiction to resolve any dispute which may arise in

connection with these terms.

15. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim

related to these Terms of Use (each "Dispute" and collectively, the “Disputes”)

brought by either you or us (individually, a “Party” and collectively, the “Parties”),

the Parties agree to first attempt to negotiate any Dispute (except those Disputes

expressly provided below) informally for at least thirty (30) days before initiating

arbitration. Such informal negotiations commence upon written notice from one

Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any

question regarding its existence, validity, or termination, shall be referred to and

finally resolved by the International Commercial Arbitration Court under the

European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)

according to the Rules of this ICAC, which, as a result of referring to it, is

considered as the part of this clause. The number of arbitrators shall be two (2).

The seat, or legal place, of arbitration shall be Dahod, India. The language of the

proceedings shall be Hindi. The governing law of the contract shall be the

substantive law of India.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the

Parties individually. To the full extent permitted by law, (a) no arbitration shall be

joined with any other proceeding; (b) there is no right or authority for any Dispute

to be arbitrated on a class-action basis or to utilize class action procedures; and (c)

there is no right or authority for any Dispute to be brought in a purported

representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above

provisions concerning informal negotiations and binding arbitration: (a) any

Disputes seeking to enforce or protect, or concerning the validity of, any of the

intellectual property rights of a Party; (b) any Dispute related to, or arising from,

allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any

claim for injunctive relief. If this provision is found to be illegal or unenforceable,

then neither Party will elect to arbitrate any Dispute falling within that portion of

this provision found to be illegal or unenforceable and such Dispute shall be

decided by a court of competent jurisdiction within the courts listed for jurisdiction

above, and the Parties agree to submit to the personal jurisdiction of that court.

16. CORRECTIONS

There may be information on the Site that contains typographical errors,

inaccuracies, or omissions, including descriptions, pricing, availability, and

various other information. We reserve the right to correct any errors,

inaccuracies, or omissions and to change or update the information on the

Site at any time, without prior notice.

17. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU

AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE

AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY

LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN

CONNECTION WITH THE SITE AND YOUR USE THEREOF,

INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND

NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR

REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS

OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES

LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR

RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR

INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL

INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3)

ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE

SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR

FINANCIAL INFORMATION STORED THEREIN, (4) ANY

INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM

THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE

WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY

THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY

CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY

KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT

POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE

SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME

RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR

OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY

HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE

APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,

AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE

RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN

YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR

SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE

THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD

USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE

APPROPRIATE.

18. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR

AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY

DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,

SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST

REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM

YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our

subsidiaries, affiliates, and all of our respective officers, agents, partners,

and employees, from and against any loss, damage, liability, claim, or

demand, including reasonable attorneys’ fees and expenses, made by any

third party due to or arising out of: (1) use of the Site; (2) breach of these

forth in these Terms of Use; (4) your violation of the rights of a third party,

including but not limited to intellectual property rights; or (5) any overt

harmful act toward any other user of the Site with whom you connected via

the Site. Notwithstanding the foregoing, we reserve the right, at your

expense, to assume the exclusive defense and control of any matter for

which you are required to indemnify us, and you agree to cooperate, at

your expense, with our defense of such claims. We will use reasonable

efforts to notify you of any such claim, action, or proceeding which is

subject to this indemnification upon becoming aware of it.

20. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of

managing the performance of the Site, as well as data relating to your use

of the Site. Although we perform regular routine backups of data, you are

solely responsible for all data that you transmit or that relates to any activity

you have undertaken using the Site. You agree that we shall have no

liability to you for any loss or corruption of any such data, and you hereby

waive any right of action against us arising from any such loss or corruption

of such data.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND

SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute

electronic communications. You consent to receive electronic

communications, and you agree that all agreements, notices, disclosures,

and other communications we provide to you electronically, via email and

on the Site, satisfy any legal requirement that such communication be in

writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC

SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND

TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS

OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE

SITE. You hereby waive any rights or requirements under any statutes,

regulations, rules, ordinances, or other laws in any jurisdiction which

require an original signature or delivery or retention of non-electronic

records, or to payments or the granting of credits by any means other than

electronic means.

22. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on

the Site or in respect to the Site constitute the entire agreement and

understanding between you and us. Our failure to exercise or enforce any

right or provision of these Terms of Use shall not operate as a waiver of

such right or provision. These Terms of Use operate to the fullest extent

permissible by law. We may assign any or all of our rights and obligations

to others at any time. We shall not be responsible or liable for any loss,

damage, delay, or failure to act caused by any cause beyond our

reasonable control. If any provision or part of a provision of these Terms of

Use is determined to be unlawful, void, or unenforceable, that provision or

part of the provision is deemed severable from these Terms of Use and

does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship

created between you and us as a result of these Terms of Use or use of the

Site. You agree that these Terms of Use will not be construed against us by

virtue of having drafted them. You hereby waive any and all defenses you

may have based on the electronic form of these Terms of Use and the lack

of signing by the parties hereto to execute these Terms of Use.

23. CONTACT US

In order to resolve a complaint regarding the Site or to receive further

information regarding use of the Site, please contact us at:

Divine Technocraft

registered office at Divine Technocraft
108 / Ganesh Glory Jagatpur-chenpur road, Near BSNL Office, Jagatpur, S.G Highway Ahmedabad 382481

India

Phone: +919909921288

divinetechnology79@gmail.com