This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These terms and conditions are a binding legal agreement between you and DESTA that govern your right to use the websites, applications, and other offerings from DESTA (collectively, the “DESTA Platform”).
The DESTA Platform is owned and operated by DESTA Research LLP (“DESTA”), a limited liability partnership firm, and having its office at Amigo, C-25 Sector-8, Noida, Uttar Pradesh – 201301.
The terms “you” and “your” hereunder refer to the User.
The terms “we”, “us”, and “our” refer to DESTA.
- USER ELIGIBILITY
Your mobile phone number and/or e-mail address is treated as your primary identifier on the DESTA Platform. It is your responsibility to ensure that your mobile phone number and your email address is up to date on the DESTA Platform at all times. You agree to notify us promptly if your mobile phone number or e-mail address changes.
You agree that DESTA shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your display name in cases where you have failed to update your revised mobile phone number and/or e-mail address on the DESTA Platform.
Please note that there could be risks in dealing with underage persons or people acting under false pretence. Please immediately cease the use of this DESTA Platform if you are under the age of 18. We take no responsibility for you continuing to use our DESTA Platform if you are under the age of 18.
When you use DESTA Platform or send e-mails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We or our affiliates, consultants and advisors may communicate with you by mobile notification, email, phone or by such other mode of communication, electronic or otherwise. If, at any time, DESTA is unable to contact you for a period of 1 month, it retains the right to assume you are an inactive user and disable your access to the DESTA Platform immediately.
If you have registered your phone number on the ‘Do Not Disturb’ registers you should take necessary steps to enable us or our affiliates, consultants and advisors to contact you by phone, SMS or by such other mode of communication. You should take necessary steps to ensure that no such communication is registered as a complaint with the relevant authorities for the same. You can write to us at email@example.com to unsubscribe from receiving certain data or communication.
- FEE POLICY
DESTA does not charge any fee for browsing and using the DESTA Platform. DESTA reserves the right to change its fee policy from time to time. In particular, DESTA may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the DESTA Platform. In such an event DESTA reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to our fees policy shall be posted on the DESTA Platform and such changes shall automatically become effective immediately after they are posted on the DESTA Platform. You shall be solely responsible for compliance of applicable law, in India or otherwise.
- USER CONTENT
You shall be responsible for any notes, messages, reviews, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted by you, or on your behalf, to the DESTA Platform (collectively, “User Content”).
It is possible that other Users (including unauthorised users or “hackers”) may post or transmit offensive or obscene materials on the DESTA Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the DESTA Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorised uses, but by using the DESTA Platform, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the DESTA Platform. Please carefully select the type of information that you publicly disclose or share with others on the DESTA Platform.
Please be advised that any User Content posted does not reflect DESTA’s views. In no event shall DESTA assume or have any responsibility or liability for any User Content posted or for any claims, damages or losses resulting from use of User Content and/or appearance of User Content on the DESTA Platform.
You may use information on the products and services purposely made available on the DESTA Platform for downloading, provided that you (i) do not remove any proprietary notice language in all copies of such documents, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such documents.
DESTA shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
- YOUR OBLIGATIONS AND RESPONSIBILITIES
You agree that while using the DESTA Platform, you shall not host, post, upload, display, publish, transmit, update or share any material or information that: (i) belongs to another person and to which you do not have any right to; (ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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; (iii) harms minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonate another person; (viii) contains software viruses worms, trojans, logic bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the DESTA Platform or any part thereof, or any computer resource; (ix) 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.
Any violation of this clause may lead to the immediate suspension of your account. In the event, DESTA receives any complaint that any information stored or used by you amounts to a breach of this clause, DESTA will take such steps necessary as required under law to remove or disable access to such information and may disable your access to the DESTA Platform immediately at its sole discretion. You hereby agree to indemnify and hold harmless DESTA, its officers, partners, directors and representatives against any claim or loss suffered by DESTA as a result of a breach of this Clause.
- UNAUTHORISED USE
Unauthorised use of any part of the DESTA Platform and/or our systems, including, but not limited to, unauthorised entry into and/or any attempted access of any restricted areas of DESTA Platform, misuse or sharing of passwords or any other confidential information, is strictly prohibited.
Each User agrees to not use the DESTA Platform or any part thereof in any manner that could damage, disable, overburden, or impair the DESTA Platform or any part thereof, or any services offered through the DESTA Platform, or any other person’s access, use or enjoyment of the DESTA Platform or any services offered through the DESTA Platform.
We reserve the right to suspend or cancel your login credentials, even without receiving such notice, if we suspect that they are being used in an unauthorised or fraudulent manner.
If you use the DESTA Platform, you are responsible for maintaining the confidentiality of your username and password. You agree to accept responsibility for all activities and transmissions that occur under your account. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. DESTA will not be liable for any loss or damage arising from your failure to comply with this provision.
You acknowledge, agree and accept that you may be required to update your systems, browser/mobile applications periodically in order to avail all the features and upgrades of the DESTA Platform.
- COURSE ENROLLMENT AND PAYMENT
When you enrol in a course, whether it’s free or paid content, you are getting a licence from DESTA to view the course. You agree and understand that the course is licensed, and not sold, to you. This licence does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).
You may purchase courses on the DESTA Platform. The price applicable to the courses will be the price at the time you complete your purchase of the course (at checkout).
You agree to pay the fees for courses that you purchase, and you authorise us to charge your debit or credit card or process other means of payment for those fees. DESTA works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure.
When you make a purchase through the DESTA Platform, you agree not to use an invalid or unauthorised payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay DESTA the corresponding fees within thirty (30) days of notification from DESTA. We reserve the right to disable access to any course for which we have not received adequate payment.
- OTHER TERMS AND CONDITIONS
You will use the DESTA Platform for lawful purposes only and comply with all applicable laws and regulations while using the DESTA Platform.
You will provide authentic and true information in all instances where any information is requested of you.
If at any time, the information provided by you is found to be false or inaccurate (wholly or partly), DESTA shall have the right in its sole discretion to disable your access to the DESTA Platform without any prior intimation whatsoever, and without any liability to you.
- INTELLECTUAL PROPERTY RIGHTS
The software and other technology we use to provide the DESTA Platform, and all material posted or available on, or otherwise accessible through, the DESTA Platform, including notes, messages, reviews, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, research reports, publications or other materials or information, images, illustrations, audio clips, and video clips contains copyrighted material, trademarks, and other proprietary information owned by DESTA, the Users, other persons, or their respective licensors. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Access to or use of the DESTA Platform does not confer and should not be considered as conferring upon anyone any licence to DESTA’s or any third party’s intellectual property rights. Any use of the DESTA Platform without the permission of DESTA is prohibited.
DESTA respects the intellectual property of others. Subject to the provisions of this Clause 12 in case you feel that your trademark, copyright, or any other intellectual property has been infringed, you can write to us at firstname.lastname@example.org.
- THIRD PARTY USE
DESTA does not guarantee the content of any third-party sites that you may access while using the DESTA Platform and does not make any representations regarding the content or accuracy of material on such sites. If you access a link of any third-party website, you hereby acknowledge that you do so entirely at your own risk and expense.
Any dispute between you and any other third party arising out of the use of the DESTA Platform shall not be the responsibility or liability of DESTA. DESTA shall not be held liable for any negligent conduct or behaviour, whether actions or omissions, of any third party in relation to the use of the DESTA Platform. DESTA encourages you to report any complaints about the DESTA Platform by contacting email@example.com, and DESTA shall take appropriate action as soon as reasonably possible.
- DISCLAIMER AND LIMITATION OF LIABILITY
DESTA PROVIDES THE DESTA PLATFORM ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE DESTA PLATFORM. DESTA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE DESTA PLATFORM IS AT YOUR OWN RISK.
DESTA GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE THIRD PARTY VENDORS THAT ARE INVOLVED IN THE PROCESSING OF THE PAYMENT INCLUDING THOSE THAT ARE INVOLVED IN THE VERIFICATION OF THE USERS’ IDENTITY, THE ASSESSMENT OF THE USERS’ CREDIT HISTORY AND THE PAYMENT. IN NO EVENT SHALL DESTA BE LIABLE FOR YOUR USE OR NON-USE OF THEIR SERVICES AND ANY DAMAGES THAT MAY ARISE FROM SUCH USE OR NON-USE. DESTA SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES. YOU EXPRESSLY AGREE THAT THE USE OR NON-USE OF THEIR SERVICES IS AT YOUR OWN RISK.
If you do not participate in any survey during a selected extended time period, DESTA may elect, in its sole discretion, to terminate your access/account without notice. Other grounds for termination without notice include providing inadequate or untruthful survey responses or if you are not contactable on the phone number listed and you having undeliverable e-mail address or mailboxes that are full after multiple attempts to contact you. You hereby waive and release any and all claims against DESTA and its affiliates arising from or related to such membership termination.
- GOVERNING LAW AND DISPUTE RESOLUTION
Any heading, caption or section title contained herein is inserted only for convenience, and in no way defines or explains any section or provision hereof.
If you communicate with any of our personnel (Personnel), you agree to do so in a respectful and appropriate manner. You shall not send, upload, share or otherwise distribute to Personnel, Personnel affiliates or other users of the DESTA Platform any rude or offensive communications or any content that is obscene, vulgar, sexually-oriented, shock-oriented, threatening, hateful, illegal or otherwise inappropriate.
DESTA shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- GRIEVANCE OFFICER
If you have any concerns regarding any content that is posted on the DESTA Platform, please contact:
C-25 Sector-8, Noida,
Uttar Pradesh – 201301