TERMS AND CONDITIONS
DEFINITIONS. "Service Provider" means Dynamic Finserve Bangalore Private Limited,
Incorporated. "User" means individual Traders/Investors or organizations identified on the face of the invoice. "Software" means any computer software and related documentation available from Service Provider. Software includes computer software owned by Service Provider, third party computer software that has been provided for use in association with Service Provider's software and computer software that has been custom designed or modified for User. "Products" means any or all Software, Goods and Services.
SCOPE. All Services by Service Provider shall be governed by the following terms and conditions of Services. The agreement shall consist only of the terms appearing herein and in the Service Provider quote or proposal and any attachments, exhibits and supplements together with any terms mutually agreed to in writing hereafter by Service Provider and User. Service Provider objects to and shall not otherwise be bound by any additional or different terms, whether printed or otherwise, in User's purchase order or in any other communication from User to Service Provider. Terms and Conditions shall be for the benefit of Service Provider and User and not for the benefit of any other person. Prior courses of dealing, trade usage and verbal agreements not reduced to a writing signed by Service Provider, to the extent they differ from, modify, add to or detract from the contract, shall not be binding on Service Provider. There are no agreements, promises or understandings, either verbal or written that are not fully expressed herein. No statements, recommendations, or assistance by either party has been relied upon by either party or shall constitute a waiver by either party of the provisions hereof. No Implied Acceptance. Notwithstanding any contrary provision in User's purchase order, no action by Service Provider such as delivery/download/installing directly of products, the rendering of services or the commencement of work on products to be specially developed for User, will be deemed an acceptance by Service Provider of any purchase order from User with terms different or additional than those contained in this contract.
SOFTWARE. All Software is provided to User under license, it is not sold. All Users must use and transfer Software strictly in accordance with the terms and conditions in the applicable Software license agreements entered into with the Service Provider. The Software license agreements shall be specific to the Software provided and to its permitted uses. Until such Software license agreements are in place, and the terms therein accepted by the User, the User cannot use, copy, distribute or otherwise deal with any Software. Users who are end users of the Software, must accept the terms of the End User License Agreement ("EULA") which accompanies the Software (IMPORTANT - READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE USING THIS (DYNAMIC LIVE) SOFTWARE and Disclaimer agreement.) copies of which can be obtained from Service Provider at your request. Any User who is unable or unwilling to accept the terms contained in any Software license agreement with the Service Provider must immediately return before receiving the ID and password, the Software and will receive a full refund. In no event shall these Terms convey any right, title, interest or license in, to or under the Software, or any associated intellectual property rights, over and above those contained in any Software license accepted by the User. These Terms shall not be construed to imply a license to use the Software in the absence of a license. By these Terms, Service Provider expressly rejects any implied license to use the Software.
TAXES. All taxes, levies and duties of any nature whatsoever applicable to the Products supplied hereunder shall be paid by User unless User provides Service Provider with an exemption certificate acceptable to the relevant taxing authority. Unless otherwise specified, the prices shown do not include any taxes.
PRICES AND PAYMENT. All prices are subject to change without notice, except prices are in a written quote from Service Provider which if less than 60 days old shall be honoured as stated therein. All Orders are also subject to credit (if any) approval before shipment/Download from online. Where User has established credit, payment shall be due thirty (30) days from the date of invoice. Overdue accounts shall bear interest at a rate equal to the lesser of one (1) percent per month compounded monthly (annual rate of 12.68%) or the highest rate permitted by applicable law. All amounts are stated, and payments are to be made, in Indian Rupees unless otherwise agreed by the parties in writing. Each shipment shall be considered a separate and independent transaction and payment therefore shall be made accordingly. If, in Service Providerís judgment, User's financial condition does not at any time justify payment terms as previously specified, Service Provider may cancel or suspend any unfulfilled Order unless User shall, upon written notice, immediately pay for any Products to be shipped or Services to be provided or pay in advance for all Products ordered but not shipped or provided, as applicable, or both, at Service Provider's option. If, despite any default by User, Service Provider elects to continue to make shipments or provide Services and Products, Service Provider's action in so doing shall not constitute a waiver of any default by User or in any way prejudice Service Provider's legal remedies for such default.
DYNAMIC FINSERVE BANGALORE PRIVATE LIMITED REFUND POLICY. The products available to subscribe on our web site are downloadable, fully-functional, and try/Verify-before- you- subscribe. We provide free Desktop Demo Version of Dynamic Live and Free Seminar of Dynamic Live (to understand the system we spend big money to convey the message of the said software/tool before you subscribe/ or become a member of Dynamic family) to let you fully evaluate our products/its information before you make a purchase/Subscribe decision.
Please focus/understand/question which you have even after seeing the desktop version demo of the Dynamic live and seminar/Presentation of Dynamic Live use the pre seminar and desktop demo version to make sure that the software/Tool/its Education meets your needs before purchasing/Subscribe/becoming a Dynamic member of license. All of our software/tool/information in presentation of seminar/demo is fully-functional during the period. None of our software/ presentation/demo/seminar requires registration to enable its primary functionality (here it depends on your level of understanding to understand of the product/education of ours). If you purchase/ subscribe/registration as a member one of our products, after your payment is cleared you will receive an email with the ID And Password after we receive the key generated from your desktop/ laptop by clicking the application which we provided you as a setup or .exe application, ID and Password to Activate the Dynamic software/soft course materials. Once this ID and Password information is emailed to you, no refunds will be given. During your System installation, our support staffs are available to assist in installation and configuration via email or telephone. We strongly recommend that all customers download/Copying, install, and test/clarify if it meets your needs in the Live Demo/Dynamic System presentation of any product prior to making a purchase.
ACCEPTANCE OF THIS POLICY. It is your responsibility to familiarize yourself with this refund policy. By placing/subscribing an order for any of our products, you indicate that you have read this software license agreement and that you agree with and fully accept the terms of this software license agreement. If you do not agree with or fully accept the terms of this software license agreement, we suggest that you do not place an order with us/after receiving the product and do not send the key to us for ID & Password. Please send any questions regarding our software license agreement to email@example.com (for Dynamic System & Dynamic Live)
LIMITED WARRANTIES AND REMEDIES. Service Provider's sole obligation under the foregoing warranties will be limited to either, at Service Provider's option, replacing or repairing defective products or refunding the purchase price paid for such products previously paid by User, and User's exclusive remedy for breach of any of such warranties will be enforcement of such obligation of Service Provider. These warranties will not extend to products subjected to misuse, abuse, neglect, damage, accident or improper installation or maintenance or which have been altered or repaired by anyone other than Service Provider or its authorized representative. Service Provider shall not be liable on any claim for defective products, which is not made within 30 days after such products have been received by User.
In the event User claims Service Provider has breached any of its obligations under the contract, whether of warranty or otherwise, Service Provider may request the return of the products and tender to User the purchase price previously paid by User, and in such event, Service Provider shall have no further obligation under the contract except to refund such purchase price upon redelivery of the products. No products may be returned without Service Provider's written request. If Service Provider requests the return of the products, the products will be redelivered to Service Provider at User's expense by lowest cost mode of transportation unless otherwise authorized in writing by Service Provider, Service Provider reserves the right to inspect any claimed defect, repair or replace defective products, and perform any adjustment incident to satisfactory operation of the products.
In the event User claims Service Provider has breached any of its obligations under the contract, whether of warranty or otherwise, and Service Provider has not delivered any products to User, Service Provider may tender to User the purchase price previously paid by User, and, in such event, Service Provider shall have no further obligation under the contract except to refund such purchase price previously paid by User.
The remedies contained in this paragraph shall constitute the sole recourse of User against Service Provider for breach of any of Service Provider's obligations under the contract, whether of warranty or otherwise. In no event shall Service Provider be liable for incidental, consequential or special damages, including without limitation, lost revenues, profits or recall expenses, nor shall Service Provider's liability on any claim for damages arising out of or connected with the contract or the manufacture, developing, subscribing sale, delivery or use of the products exceed the purchase price of the products previously paid under this particular contract by User to Service Provider and also for more information check the software license agreement and Disclaimer agreement.
INDEMNIFICATION. User shall indemnify Service Provider against, and hold Service Provider harmless from, any and all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees (collectively "liabilities"), arising out of, connected with, or resulting from the products, including but not limited to, the design, manufacturing, selection, delivery, possession, use or operation of the products. Service Provider's entire liability for products is limited as set forth in paragraph above [Limited Warranties and remedies]. User shall indemnify Service Provider against all liabilities involving alleged violation of patent rights relating to User's specifications and/or the products resulting from those specifications. User shall bear the full burden for all liabilities in any such instance.
SERVICE PROVIDER'S OWNERSHIP OF TECHNOLOGY. Unless agreed otherwise in writing by Service Provider, Service Provider shall retain all right, title and interest in and to, and possession of, all its proprietary technology, including but not limited to, all copyright, patent, trade secret and other intellectual property rights associated with any ideas, concepts, methods, processes, techniques, inventions or works of authorship (including programs, Improvements and documentation) developed or created by or on behalf of Service Provider for furnishing Products under any Order accepted by Service Provider. Service Provider may use this proprietary technology in any of its Products, in whole or in part, even if the proprietary technology was developed expressly for use by User. User shall take such further actions, including the execution and delivery of instruments of conveyance, as may be reasonably requested by Service Provider,
to give full and proper effect to the provisions of this Section and/or to obtain waivers of associated moral rights. User shall own only the authorized modifications that it makes to Products, except for Improvements.
Where used in these Terms, the word "Improvements" means work-a rounds, error corrections or enhancements that are not specific to the intended use of the Products and that the User discloses or suggests to Service Provider. All right, title and interest in and to Improvements shall be owned by Service Provider, unless Service Provider has otherwise expressly agreed in writing. User acknowledges that it is under no obligation to make such disclosures or suggestions to Service Provider.
DATA POLICY. The Real-Time Services information in Dynamic Live is provided to the USERS "as is". Neither the Service provider nor its affiliates nor any third party data provider make any express or implied warranties of any kind regarding the Real-Time services information including, without limitation, any warranty of merchantability or fitness for a particular purpose or use. Neither the Service provider nor its affiliates nor any third party Data provider will be liable to any user or anyone else for any Interruption, Inaccuracy, Error or Omission, regardless of cause in the Real-Time services information or for any damages (whether direct or indirect, consequential, or exemplary) resulting there from.
SUBSTITUTIONS AND MODIFICATIONS. Service Provider reserves the right to modify the specifications of Products designed by or for Service Provider, without notice, provided that the modification will not materially affect the performance, form, or fit of the affected Products.
FORCE MAJEURE. Neither User nor Service Provider shall be liable for failures in performance, including delay or non-reaching the said/committed tool/Software, resulting from acts or events beyond its reasonable control. Such acts or events shall include, but shall not be limited to, acts of God, civil or military authority, civil disturbance, fire, hurricanes, earthquakes, strikes, lockouts or slowdowns, factory or labour conditions, errors in manufacture/development, inability to obtain necessary labour, materials or manufacturing/ development facilities, delayed issuance of export/ postal control licenses, or other "force majeure" events beyond the reasonable control of the non- performing party. In the event of such delay, the date of supply the software/Material of related shall, at the request of Service Provider, be deferred for a period equal to the time lost by reason of the delay and otherwise for a reasonable time.
ASSIGNMENT. User may neither assign nor transfer its rights to any Order accepted by Service Provider, by operation of law or otherwise, without the prior written consent of Service Provider. Service Provider's affiliated companies may participate in Service Provider's performance hereunder.
JURISDICTION. This Agreement is governed by the laws of the Indian penal code, the Indian Copyright Act and other applicable Indian laws. All disputes or legal proceedings relating to use of the SOFTWARE or this Agreement shall be brought and heard exclusively in the state or Bangalore courts located in, Karnataka Bangalore City, and by installing and/or using the SOFTWARE, you hereby irrevocably consent and submit to personal jurisdiction in such courts for all such disputes or legal proceedings.
WAIVER. No waiver by either party of any breach of any of these terms and conditions by the other party shall be deemed to constitute a waiver of any other breach nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy hereunder operate as a waiver thereof. A waiver given by a party hereunder shall be binding upon such party only if in writing and signed by such party.
DOWNLOADING/COPYING CONTROL FROM THE ELECTRONICS/RELATED CONNECTIONS.
User agrees to comply with all applicable laws, rules and regulations and obtain all permits, licenses and authorizations or certificates that may be required in connection with its purchase or licensing of Products of any. This includes any laws, regulations, orders or other restrictions on the DOWNLOADING/ COPYING of Products from INDIA from DYNAMIC FINSERVE BANGALORE PRIVATE LIMITED which may be imposed from time to time by the INDIAN Governments. User shall not DOWNLOADING/COPYING, directly or indirectly, Products or information & Education pertaining thereto to any country for which either such government or any agency thereof requires an DOWNLOADING/COPYING license or governmental approval at the time of DOWNLOADING / COPYING without first obtaining such license or approval.
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