Terms of Service

Last updated: April 1, 2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

Welcome to¬†www.dav-ai.com¬†and¬†davai mobile application platform. These¬†Terms of Use¬†describes the terms and conditions applicable to your access and use of the website¬†www.dav-ai.com¬†and its mobile application platform (each a ‚ÄúPlatform‚ÄĚ). This document is a legally binding agreement between you as the user(s) of the Platform (referred to as ‚Äúyou‚ÄĚ, ‚Äúyour‚ÄĚ or ‚ÄúUser‚ÄĚ hereinafter) and ‚ÄúTARK AI Private Limited‚ÄĚ, an entity listed in ‚Äúclause 2.i‚ÄĚ below (referred to as ‚Äúwe‚ÄĚ, ‚Äúour‚ÄĚ or ‚Äúdavai‚ÄĚ or ‚Äúdav-ai‚ÄĚ hereinafter).

1. Application and Acceptance of the Terms

  1. User‚Äôs use of the Platform and davai's¬†services, software and products (collectively the ‚ÄúServices‚ÄĚ hereinafter) is subject to the terms and conditions contained in this document as well as¬†the¬†Privacy Policy,¬†IP Infringement Policy¬†and any other rules and policies of the Platform that davai may publish from time to time.

  2. This document and such other rules and policies of the Platform are collectively referred to below as the¬†‚ÄúTerms‚ÄĚ. By accessing the Platform or using the Services, User agrees to accept and be bound by the Terms. ¬†Please do not use the Services or access the Platform if you do not accept all of the Terms or are unable to be bound by the Terms.

  3. User may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with davai.

  4. You acknowledge and agree that davai may amend any Terms at any time by posting the relevant amended and restated Terms on the Platform. By continuing to use the Services or the Platform, you acknowledge to have accepted the amended Terms and agree that the amended Terms will apply to you.

  5. The Terms may not otherwise be modified except in writing by an authorized officer of davai.

2. Provision of Services

  1. The¬†davai¬†contracting entity that you are contracting with for access to the Platform is ‚ÄúTARK AI Private Limited‚ÄĚ. In case you avail services while accessing the Platform that may be supported and/or provided by third-party service provider(s), for all such services your contracting entity will be such third-party service provider(s), as the case may be.¬†davai¬†disclaims all liability for any claims that may arise pursuant to your use of services provided by such third-party service provider(s).

  2. You must register as a User on the Platform in order to access and use Services. Further, davai reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that davai may impose in its discretion.

3. Fees and Charges Payable by Seller

  1. Seller will pay to¬†davai, if applicable, fee for use and access of the Platform (referred to as¬†‚ÄėPlatform Fee‚Äô). Platform Fee will be ascertained based on the criteria determined by¬†davai¬†and communicated to the seller, from time to time.

  2. The applicable Platform Fee shall be as communicated by davai to the seller(s), from time to time, via the Platform or through such other mode of communication as may be determined by davai in its sole discretion. It shall be the seller’s responsibility to routinely check on such Platform Fee. In the event you continue to use the Platform, it shall be deemed that you have agreed to such change in the Platform Fee.

  3. davai may charge the Seller for any cancellation of the orders, and/or for other services availed by Seller from davai, including but not limited to, advertisement services.

  4. davai shall issue the invoice for Platform Fee and other charges (if any), on the Seller, and the Seller shall make payment of the same to davai and the parties hereby agree that the Seller alone shall be responsible for ensuring that Platform Fee is paid to davai.  The Seller may however authorize any third-party service provider engaged by the Seller (who may collect or receive payment for or from the Seller, and advise that a part thereof be remitted by such third party service provider as Platform Fee to davai on behalf of the Seller).

4. Users Generally

  1. You agree that

    1. you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the ‚ÄúPlatform Content‚ÄĚ), and

    2. you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with davai, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).

  2. You must read davai’s Privacy Policy which governs the protection and use of personal information about Users of Platform. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.

  3. davai may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such third parties’ terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that davai has no control over such third parties' web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.

  4. You agree not to undertake any action which may undermine the integrity of davai’s feedback system.

  5. By posting or displaying any information, content or material (‚ÄúUser Content‚ÄĚ) on the Platform or providing any User Content to¬†davai¬†or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to¬†davai¬†to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. You confirm and warrant to¬†davai¬†that you have all the rights, power and authority necessary to grant the above license.

  6. User agree, undertake and confirm that User’s use of Platform shall be strictly governed by the following binding principles:

    1. User shall not host, display, upload, modify, publish, transmit, update or share any information which:

      1. belongs to another person and to which User does not have any right to;

      2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

      3. is misleading in any way;

      4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

      5. harasses or advocates harassment of another person;

      6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or messages using davai communication platform;

      7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

      8. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;

      9. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

      10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

      11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

      12. provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;

      13. contains video, photographs, or images of another person (with a minor or an adult).

      14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

      15. engages in commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, davai's prior written consent means a communication coming from davai, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

      16. solicits gambling or engages in any gambling activity which, in sole discretion, davai believes, is or could be construed as being illegal;

      17. interferes with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;

      18. refers to any website or URL that, in sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

      19. harm minors in any way;

      20. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

      21. violates any law for the time being in force;

      22. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

      23. impersonate another person;

      24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel-bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

      25. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

      26. shall not be false, inaccurate or misleading;

      27. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

      28. shall not create liability for davai or cause davai to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;

      29. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. davai reserves its right to bar any such activity.

      30. User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.

      31. Unless expressly permitted, User shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other user, including any account on the Platform not owned by User, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Platform.

5. User Accounts

  1. User must be registered on the Platform to access or avail the Services. Except with davai’s approval, one User may only register one account on the Platform. davai may cancel or terminate a User’s account if davai has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, davai may reject User’s application, without assigning any reasons thereof, for registration for any other reason.

  2. A set of User ID and OTP (One Time Password)/ password is unique to a single account. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under User’s account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.

  3. User agrees that all use of the Platform and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the User.

  4. User acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to www.dav-ai.com or other Users of the Platform. User shall indemnify davai, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. User also agrees that in case of the multiple use of your account or User’s failure to maintain the security of your account, davai shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s account without liability to the User.

6. User’s Responsibilities

  1. You represent, warrant and agree that

    1. you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the Terms;

    2. you have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder;

    3. you use the Platform and Services for business purposes only;

    4. the address you provide when registering your account on the Platform is the principal place of business of your business entity; and

    5. your business is validly existing and incorporated/established as per the provisions of applicable laws.

  2. User will be required to provide information or material about User’s entity, business or products/services as part of the registration process on the Platform or your use of any Service or the User account. Each User represents, warrants and agrees that

    1. such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current and complete, and

    2. User will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

  3. User consents to the inclusion of the contact information about User in davai’s database.

  4. You represent, warrant and agree that

    1. you shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required) regarding any User Content that you submit, post or display;

    2. any User Content that User submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (‚ÄúThird Party Rights‚ÄĚ);

    3. User have the right and authority (if required under applicable laws) to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.

7. Breaches

  1. davai reserves the right, in its sole discretion, without intimation to the User, to remove, modify or reject any User Content that User submit to, post or display on the Platform which davai reasonably believes is unlawful, violates the Terms, could subject davai or its affiliates to liability, or is otherwise found inappropriate in davai’s opinion.

  2. If any User breaches any Terms, or if davai has reasonable grounds to believe that a User is in breach of any Terms, davai shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:

    1. suspending or terminating the User’s account and any and all accounts determined to be related to such account by davai in its discretion;

    2. restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;

    3. removing any product listings or other User Content that the User has submitted, posted or displayed; and

    4. any other corrective actions, discipline or penalties as davai may deem necessary or appropriate in its sole discretion.

  3. davai reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, davai may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.

  4. Each User agrees to indemnify davai, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Platform or Services, or from your breach of the Terms.

  5. Without limiting the generality of the provisions of the Terms, a User would be considered as being in breach of the Terms in any of the following circumstances:

    1. upon complaint or claim from any third party, davai has reasonable grounds to believe that such User has willfully or materially failed to perform your contract with such third party including without limitation where a User who supplies products or services using the Platform and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items such User has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,

    2. davai has reasonable grounds to suspect that such User has used a stolen credit card or other false or misleading information in any transaction with a counter party,

    3. davai has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading, or

    4. davai believes that the User’s actions may cause financial loss or legal liability to davai or our affiliates or any other Users.

  6. davai reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.  Further, to the extent permitted by applicable laws and policies, davai may disclose the User’s identity, contact information and/or information regarding the User’s account(s), transactions or activities carried out on or via the Platform, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action.  davai shall not be liable for damages or results arising from such disclosure, and User agrees not to bring any action or claim against davai for such disclosure.

  7. davai may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the User’s use of any Service or the Platform without being liable to the User, if davai has received notice that the User is in breach of any agreement or undertaking with any affiliate of davai and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. davai reserves the right to, but shall not be required to, investigate such breach or request confirmation from the User.

  8. Each User agrees to indemnify davai, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your access to or use of the Platform or Services, or from your breach of the Terms or any Additional Agreements.

  9. Each User further agrees that davai is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Platform or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the User. davai reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate with davai in asserting any available defenses.

8. Transactions Between Users

  1. When a product is listed for sale on the Platform by a seller, Products sold to the buyer by such seller will be governed by individual contractual arrangement entered into directly between the seller and the buyer.

  2. For any Services, davai does not represent either the seller or the buyer in specific transactions. davai does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Platform or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.

  3. Users agree that davai cannot and does not confirm each User's purported identity. davai encourages Users to exercise discretion and caution while dealing with various Users.

  4. Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as ‚ÄúTransaction Risk‚ÄĚ) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform.

  5. In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify davai (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any additional services opted for by the User by accessing any link from davai site to avail of any additional or independent services related to the transaction of buy-sell conducted on the davai Platform from any third party.

9. Limitation of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY¬†DAVAI¬†ON OR THROUGH THE PLATFORM ARE PROVIDED "AS IS", "AS AVAILABLE" AND ‚ÄúWITH ALL FAULTS‚ÄĚ, AND¬†DAVAI¬†HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

  2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAVAI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE PLATFORM; DAVAI DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE PLATFORM DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND DAVAI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE PLATFORM.

  3. Any material downloaded or otherwise obtained through the Platform or Services is done at each User's sole discretion and risk and each User is solely responsible for any damage to its own or to davai’s computer system(s) or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from davai or through or from the Platform shall create any warranty not expressly stated herein.

  4. The Platform may make available to User services or products provided by independent third parties.  No warranty or representation is made with regard to such services or products.  In no event shall davai or our affiliates be held liable for any such services or products.

  5. Each User hereby agrees to indemnify and save davai, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's access to or use of the Platform or Services (including but not limited to the display of such User's information on the Platform) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save davai, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to davai.

  6. Each User hereby further agrees to indemnify and save davai, its affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Platform. Each User hereby further agrees that davai is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. davai reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with davai in asserting any available defenses.

  7. davai shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:

    1. the use or the inability to use the Platform or Services;

    2. any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Platform or Services;

    3. violation of Third Party Rights or claims or demands that User's manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Platform or through the Services may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;

    4. unauthorized access by third parties to data or private information of any User;

    5. statements or conduct of any User of the Platform or Services; or;

    6. any matters relating to the Platform or Services, however arising, including negligence.

  8. Notwithstanding any of the foregoing provisions, the aggregate liability of davai, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Platform or Services during any calendar year shall be limited to the greater of

    1. the amount of fees the User has paid to davai in exchange for the access to or use of the Platform or Services during the calendar year and

    2. the maximum amount permitted under the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Platform or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under the applicable law governing the Terms.

  9. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not davai has been advised of or should have been aware of the possibility of any such losses arising

10. Force Majeure

Under no circumstances shall davai be held liable for any delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, epidemic or events caused by reason of laws, regulations or orders by any government, governmental agency or instrumentality of by any other supervening circumstances beyond the control of either party, orders of domestic or foreign courts or tribunals or non-performance of third parties.

11. Intellectual Property Rights

  1. davai is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with davai or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by davai are hereby reserved.

  2. "davai" and any other related icons and logos are registered trademarks or trademarks or service marks of¬†‚ÄúTARK AI Private Limited‚ÄĚ, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

12. Notices

  1. All legal notices or demands to or upon¬†davai¬†shall be made in writing and sent to¬†davai¬†personally, by courier, certified mail, or facsimile to the following entity and address:¬†‚ÄúTARK AI Private Limited; 3145, Sector 20-D, Chandigarh, 160020‚ÄĚ. The notices shall be effective when they are received by¬†davai¬†in any of the above-mentioned manner.

  2. All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to davai, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when,

    1. davai is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or

    2. immediately upon davai posting such notice on an area of the Platform that is publicly accessible without charge.

13. General Provisions

  1. Subject to any terms & conditions, the Terms constitute the entire agreement between User and davai with respect to and govern User’s use of the Platform and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

  2. davai and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms.

  3. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

  4. davai’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of davai’s right to act with respect to subsequent or similar breaches.

  5. davai shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of davai). User may not assign, in whole or part, the Terms to any person or entity.

  6. The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Panchkula, Haryana, India.

14. Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Phone: +91-8591641586
Email: grievance-officer[at]dav-ai[dot]com
Time: Mon - Sat (10:00 AM - 07:00 PM)

IP Infringement Policy

Notice and Procedure for Making Claims of Right Infringements:

  1. We respect third parties’ Intellectual Property Rights. If your rights are being infringed at davai’s Platform, you notify us by submitting the Notice Form attached to this policy.

  2. Upon receipt of a Notice Form we may take certain actions, such as informing the users about the infringing content or removing information without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved.

  3. Furthermore, in submitting a Notice Form, you grant to davai the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify davai for all claims brought by a third party against davai arising out of or in connection with the submission of a Notice Form.

Note on Third Party User Listings:

Please keep in mind that Third Party User listings are merely hosted on davai and are posted solely by the Third Party Users who may be contacted via their "User Information" page, accessible from any of their listings.

Important Warning:

giving false, misleading or inaccurate information in the Notice Form to davai may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

Notice Form:

If you believe that your rights are being violated by an information on the davai, you may fill out and submit the Notice Form (below). This form needs to be signed can be sent via E-mail PDF to the Grievance Officer:

e-mail: infringement[at]dav-ai[dot]com

Subject Line: Notice of Infringement

(We will accept a signed PDF via e-mail with the subject line "Notice of Infringement"). Please fill out the Notice form using the corresponding numbered paragraphs to frame your communication.

Notice Form

I, [INSERT FULL NAME AND TITLE] of [COMPANY NAME, IF APPLICABLE],

state as follows:

1. Contact information

  1. Your and/ or your company's name, address, telephone number and contact email address;

  2. The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in while registering at davai.

2. Listing's details and Allegation of Infringed Right:

  1. The listing's URL and detailed description of the information that you claim is infringing your rights is located on davai Platform; if regarding a Third-Party User listing please also provide the name used to identify the User on the Platform.

  2. A description of your intellectual property right(s) that you claim has/have been infringed. Please provide the copy of Trademark Certificate / Copyright Registration Certificate / Patent Registration Certificate. [Please also provide as to how you have arrived in determining that third party Intellectual Property Rights have been infringed]

3. Include the following statement:

"I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law." [Please provide a copy of authorization Certificate in favour of applicant]

4. Include the following statement:

"I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorized to act on behalf of the intellectual property owner for the rights described above."

5. Sign the Notice Form.

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