DARPANI licenses are subject to the terms and conditions of use, as changed / updated from time to time entirely at the discretion of Darpani as set out below. The term of this agreement shall continue and would be in force till the time you use Darpani licenses service and you agree that you are bound by the terms as mentioned herein.
Please read these terms carefully as they form a contract between the customer (Users, End-Users, or Candidates) "You" and "The Company", "We", "Us" and govern use of and access to the Service(s), App and Websites by You, Your Affiliates, Users and End-Users.
By accessing or using the Service(s) or Website or authorizing or permitting any User or End-User to access or use the Service(s), App or Website, you agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an "Entity"), You are agreeing to these Terms for that Entity and representing to Us that You have the authority to bind such Entity and its Affiliates to these Terms, in which case the terms, "You", "Your" or related capitalized terms used herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these Terms, you must not accept these Terms and may not access or use the Service(s) or Websites.
You, as an individual, must be 18 years or older to access or use the Websites and the Service(s). Persons who are competent of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to access, use or register on the Website and avail the Service(s).
Further, in the event that it is discovered that You are below the age of 18 (eighteen) years and the Terms have not been consented to by your legal guardian or parent(s), or if the details provided by You are false or inaccurate, we shall not have the responsibility and shall not be held liable if the aforesaid eligibility criteria is not satisfied by You.
These Terms are applicable during your subscription to the Service(s) through a Subscription Plan of Your choice.
When used in these terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:
Subject to any limitation on the number of individual users available under the service plan to which you subscribed, access and use of the Service(s) is restricted to the specified number of individual Users permitted under Your subscription to the Service(s). Each User shall be identified using unique login information such as usernames and passwords ("User Login") and such User Login shall be used only by one individual.
If you are a managed service provider and You wish to use the same User Login across Accounts that You manage for Your clients, you acknowledge that it is Your sole responsibility to obtain necessary consents from such clients.
You should, not share Your User Login with any third parties. In any event, unless you notify Us of any unauthorized use or suspicious activity in Your Account, you are responsible for all activities that occur under Your Account. The company will not be liable for any damage or loss that may result from Your failure to protect Your login information, including Your password. Without limiting the foregoing, you are solely responsible for ensuring that Your use of the Service(s) to store and transmit Service Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Service(s) or the information generated thereby is accurate or sufficient for Your purposes.
The content and information provided on Darpani (www.darpani.in) websites are for your personal use only. Unless provided otherwise in an Agreement, you hereby agree and acknowledge that you are expressly prohibited from: (i) making available all or any portion of the content of Darpani (www.darpani.in) websites to any other person or entity, except as expressly permitted in these Terms of Use or in an Agreement; (ii) creating derivative works from the content; and (iii) using the content in the provision of any services to third parties. Except as expressly provided in these Terms and Conditions, no Part, Content or Marks of Darpani (www.darpani.in) websites may be copied, reproduced, aggregated, republished, uploaded, posted, publicly and visually displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the prior express written permission of Darpani.
You agree not to
You shall be responsible for any loss of data or attempted or actual access or use of the Service(s) through Your Account in violation of these Terms.
If We inform You that a specified activity or purpose is prohibited with respect to the Service(s), You will ensure that You immediately cease use of the Service(s) for such prohibited activity or purpose. In case any license holder is found to be using his license(s) for a specified activity or purpose is prohibited with respect to the Service(s), his license shall be suspended indefinitely. He will also be liable to pay for all damages to reputation of Darpani and costs incurred by the company in the process.
We may suspend access to any portion or all of our Services at any time if we decide, in our sole discretion, that your use of our Services:
We can block unauthorised multiple sign-ins, in case it is discovered that a certain login credential is being used by more than one individual or enterprise, for security reasons, your account's access to Darpani services shall be suspended with immediate effect. If the situation reoccurs, the account shall be suspended indefinitely.
If we suspend your access to any portion or all of our services:
You must not use Darpani website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Darpani are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only and only in accordance with the applicable law. You must not use the website for any of the following:
You may not be able to access or use the Service(s) (a) during planned downtime for upgrades and maintenance to the Service(s) (of which We will use commercially reasonable efforts to notify You in advance through Our Service(s)) ("Planned Downtime"), or (b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.
We will use commercially reasonable efforts to schedule Planned Downtime for weekends and other off-peak hours.
We may update the Service(s) from time to time and You may receive notifications of such upgrades, enhancements, or updates ("Updates"). Any new or modified features added to or augmenting or otherwise modifying the Service(s) or other updates, modifications or enhancements to the Service(s) are also subject to these Terms and We reserve the right to deploy Updates at any time.
Darpani reserves the right to add to or change/modify the terms of this agreement including but not limited to suspend/cancel, or discontinue any or all service at any time without notice, make modifications and alterations in any or all of the content, products and services contained in the pack without prior notice. Such changes will be posted to www.darpani.in for your convenience to understand your responsibility as a user. You are responsible for regularly reviewing these Terms & Conditions so that you are apprised of any changes. You will be deemed to have accepted such change(s) if you continue to access www.darpani.in subsequent to such changes.
We may access and process the Service Data to modify, upgrade and enhance Our Service(s), Website and any other features or services, including but not limited to the algorithm of the Service(s), mobile App or Website, any related software, codes, APIs, user interface, designs, etc., to ensure the quality of Your user experience and to service You in a better manner. We do not use or download the Service Data uploaded by You at any time for Our own use.
Except for the rights granted to You under Section 1, all rights, title and interest in and to all Our inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in or related to the Service(s), including the mobile app, Website, and any part of it (collectively, "Intellectual Property Rights") shall belong to and remain exclusively with Us. We are the owner or the licensee of all Intellectual Property Rights in relation to the Service(s) and Our mobile App, Website, and the content or material published on it.
Our Intellectual Property Rights in relation to the Service(s) and Our Websites, and the content or material published on it are protected by intellectual property laws, including but not limited to, copyright laws and treaties around the world. You must not use any part of the content or material in the Service(s) or on Our Websites for commercial purposes without obtaining a license to do so from Us.
You may not deploy within Darpani website any bot, spider, web crawler or other automated query programmes at any time for any reason. Darpani prohibits scraping, crawling, caching or otherwise accessing any content on its website. The use of automated systems or software to extract data from the website (including but not limited to screen scraping, web scraping and data scraping) is prohibited unless you have a written agreement with Darpani in which it permits you to do so. In case you are found indulging in any of the aforementioned activities, you will be liable to pay for all damages to reputation of Darpani and costs incurred by the company in the process.
Our product and service names, and logos used or displayed on the Service(s) or Websites are Our registered or unregistered trademarks (collectively, "Marks"), and You may only use such Marks to identify Yourself as a user of the Service(s) You have subscribed to.
All rights not expressly provided to You herein are reserved.
Certain other features and integrations, including but not limited to payment, communication integrations, user visibility, social media hooks, job vacancy posting on job boards, assessment services, background verification services ("Third Party Integrations") are available to You through third-party platforms and forums where applications are developed for their integration with the Service(s).
These Third-Party Integrations are governed by their own terms and privacy policies and You agree that We are not responsible for Your use of these Third Party Integrations where You choose to enable these Third Party Integrations and integrate them into Our Service(s). By enabling the Third Party Integrations, You understand and agree that We do not provide any warranties in any manner whatsoever for Third Party Integrations and We are not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such Third Party Integrations, or Your reliance on the privacy practices, data security processes or any other policies and processes of such Third Party Integrations. You understand that We are not responsible for providing technical support for such Third Party Integrations and that We are not responsible for the data hosting and data transfer practices followed by providers of such Third Party Integrations. To this extent, You shall address any comments, queries, complaints or feedback about such Third Party Integrations to the respective developers or publishers as specified on such other platforms or forums.
Unless otherwise specified all charges associated with Your Account ("Subscription Charges") are due in full and payable in advance, in accordance with Section 7.2, when You subscribe to the Service(s). Unless specified otherwise in a Form, the Subscription Charges are based on the Subscription Plans You choose and are payable in full until You terminate Your Account in accordance with Section 8. You will receive a receipt upon each receipt of payment by Us. You may also obtain a payment receipt from within the Service(s).
7.2 Payment methods:
You may pay the Subscription Charges through Your netbanking, Debit card, UPI, credit card, or other accepted payments method as specified in a Form. For credit card payments, your payment is due immediately upon Your receipt of Our invoice. You hereby authorize Us or Our authorized agents, as applicable, to bill Your credit card upon Your subscription to the Service(s) (and any renewal thereof).
For payments through other accepted methods, your payment is due within 15 (fifteen) days of Our invoice date ("Due Date") unless otherwise stated in a Form.
Your subscription to the Service(s) will renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service(s) for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Subscription Plan to which You have subscribed as of the time such subsequent Subscription Term commences. You acknowledge and agree that unless You terminate Your Account in accordance with Section 8, Your credit card/ payment method will be charged automatically for the applicable Subscription Charges.
We may use a third-party service provider to manage credit card and other payment processing; provided, that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us.
You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by e-mailing Us at darpanionline@gmail.com.
Unless otherwise specified in these Terms or a Form or a Subscription Plan, all Subscription Charges are non-refundable. No refunds shall be issued for partial use or non-use of the Service(s) by You provided however You shall be eligible for a pro-rated refund of the Subscription Charges for the remainder of the Subscription Term if You terminate Your Account as a result of a material breach of these Terms by Us.
You may upgrade Your Account or downgrade within a Subscription Plan or between two Subscription Plans in accordance with the provisions below.
You may upgrade Your Account at any time during Your Subscription Term. When You upgrade the new Subscription Charges become immediately applicable and the new Subscription Charges for the subsisting month would be charged on a pro-rated basis and Your credit card/ payment method will be charged automatically. Subsequent months will be charged in full according to the new Subscription Charges.
If You subscribed to the Service(s) before the Effective Date, You may downgrade Your Account at any time during Your Subscription Term but before its renewal in accordance with Section 7.3 above. However, if You choose to modify Your Subscription Term after the Effective Date, You will not be able to downgrade Your Account during Your renewed Subscription Term as provided herein earlier. You agree that all downgrades in accordance with this Section 7.7.2 will be applicable only from the subsequent Subscription Term.
If You plan to downgrade Your Account, please provide Us a notice by writing to darpanionline@gmail.com at least seven (7) business days prior to the expiry of Your current Subscription Term. You understand that downgrading Your Account may cause loss of content, features, or capacity of the Service(s). You agree that We will not be liable for any loss due to such downgrading of Your Account. You must ensure that You always opt for the Subscription Plan that suits Your specific requirements.
Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively "Taxes"). You are responsible for paying the Taxes that would be levied against You by government authorities. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.
We may, at Our sole discretion, offer You certain benefits such as discounts on Subscription Charges, extension in Subscription Term for no extra payments from You, with regard to the Service(s).
These benefits are specific to Your Account and the Service(s) identified while offering these benefits. They are not transferrable. The benefits may have an expiry date. If they do not have an expiry date, they will expire upon completion of twelve (12) months from their date of the offer.
We shall not be liable to You or any other third party for suspension or termination of Your Account, or access to and use of the Service(s), if such suspension or termination is in accordance with these Terms.
If You are on a Subscription Plan for any of Our Service(s), Your Account may be suspended or terminated in the following manner:
TDB has the right to cancel the license of any current license holder at any point for valid reasons. In addition to suspension for late payment or non-payment of Subscription Charges, We may suspend Your access to and use of Your Account or the Service(s) if You are in violation of the Terms. We will notify You of Your activities that violate these Terms and, at Our sole discretion, provide You with a period of fifteen (15) days ("Subscription Plan Cure Period") to cure or cease such activities. If You do not cure or cease such activities within said Subscription Plan Cure Period or if We believe that Your breach of these Terms cannot be cured, Your Account shall be terminated.
Any associated Service Data shall be retained for a period of 15 days from the date of termination of Your Account beyond which it shall be deleted during the normal course of operation.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Darpani or the Company or domain name used by Us on any social media or electronic platform, or otherwise engage in any conduct or action that might tarnish the image or reputation of Darpani or our employees or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated as may be owned or used by us. Any violation of this clause shall lead to immediate suspension of your license with us and/or necessary and/or legal action.
You may elect to terminate Your Account at any time from within Our Service(s), if You pay for Your Account through credit card. If payment for Your Account is made through other accepted payment methods as specified in the Form, You may request to terminate Your Account by writing to darpanionline@gmail.com Any associated Service Data shall be retained for a period of 15 days from the date of termination of Your Account beyond which it shall be deleted during the normal course of operation.
We may suspend Your Account upon expiry or non-renewal of Your Subscription Term. We shall retain any associated Service Data for a period of 6 months beyond which Your Account shall be terminated and all associated Service Data shall be deleted immediately and permanently.
We strongly recommend that You export all Service Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us, unless otherwise specified elsewhere herein or in the Supplemental Terms, Service Data will be retained or deleted in accordance with Sections 8.2.2 or 8.2.3 as applicable to You. Where the Service Data is retained as described herein, You may contact Us within such data retention period to export Your Service Data. Service Data cannot be recovered once it is deleted. Further, when Service Data is migrated from one data centre to another upon Your request, We shall delete Service Data from the original data centre after 15 days from such migration.
Darpani has complete rights to delete the content related to you after your account is closed/has expired, and such content will not be recoverable. We will not be responsible to you for any content that is lost when your account closes/expires. Any service whose delivery is pending on the part of Darpani shall be kept on hold if your licence expires, and shall be continued to do so unless the membership is renewed.
Please note that some content that you input into our systems may not be deleted, and that we may continue to use it in accordance with the terms herein.
If Your Account is terminated in accordance with Sections 8.2 or 8.3 of these Terms, in addition to other amounts You may owe Us, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term, unless waived by Us in writing. This amount will not be payable by You, or You may be eligible for a pro-rated refund of the Subscription Charges, as the case may be, where You terminate Your subscription to the Service(s) or terminate Your Account as a result of a material breach of these Terms by Us, provided that You provide notice of such breach to Us and afford Us not less than thirty (30) days to reasonably cure such breach.
If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion, You have failed to comply with any of the provisions of these Terms.
Each of us will protect the other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each of us protects our own Confidential Information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of us may use the other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms and shall disclose such Confidential Information solely to those of our respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. The provisions of this sub-section shall supersede any non-disclosure agreement by and between You and Us entered prior to these Terms that would purport to address the confidentiality of Service Data and such agreement shall have no further force or effect with respect to Service Data.
We use appropriate technical and organizational measures to protect the Service Data that we Process. The measures we use are designed to provide a level of security appropriate to the risk of Processing your Service Data.
Darpani will only collect, store, use, and share your personal information (including email address and phone numbers) as it is defined by its Privacy Policy and as regulated by Indian laws. We do not disclose user's information (including email address and phone numbers) to third parties except when the user requests to utilise services from other service providers. In just case, we will disclose information to the appropriate government officials if the law so compels us. When you use services and other tools on our website that may or may not require registration, www.darpani.in may collect non-identifiable data from such tools, to help us customize offers and tools to your particular interests. www.darpani.in will not record or track any data you enter into standalone tools in any way that identifies you personally, unless we specifically inform you that we are doing so at the time you provide such data. In case of changes in CCA Rules & Regulations and procedures we would try our best to incorporate the same on the site at the earliest however we do not take responsibility to always update our website or the service/s offered instantly, at times it may take time or we may not consider to update the same for a reason, the decision of Darpani would be final. In the event of leakage of any information from the site for any reason beyond our control and for whatsoever reason Darpani shall not be responsible under any circumstances and no action shall lie against Darpani and its affiliates, employees, directors, officers, agents and representatives.
We may contact You directly via e-mail to notify You that:
1. You are in violation of these Terms;
2. A specific activity or purpose is prohibited with respect to the Service(s), so that You immediately cease use of the Service(s) for such prohibited activity or purpose; or
The websites and the service(s), including all server and network components are provided on an "as is" and "as available" basis, without any warranties of any kind to the fullest extent permitted by applicable law. We expressly disclaim any and all conditions, representations, warranties or other terms, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and noninfringement.
You acknowledge that we do not warrant that the service(s), mobile app or websites will be uninterrupted, timely, secure or error-free and you further acknowledge that we do not warrant that the access to the service(s), which is provided over internet and various telecommunications networks, all of which are beyond our control, will be uninterrupted, timely, secure, error-free or free from viruses or other malicious software. Darpani will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our websites. No information or advice obtained by you from us or through the service(s) or websites shall create any warranty not expressly stated in these terms.
To the fullest extent permitted by applicable law, in no event will we, our affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, lost revenue, lost sales, lost goodwill, loss of use or lost content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty,negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, our aggregate liability and that of our affiliates, officers, directors, employees, agents, suppliers and licensors, relating to the service(s), will be limited to an amount equal to the lower of (a) six months of the subscription charges for the service(s) to which the claim relates; or (b) the subscription charges paid by you, for the service(s) to which the claim relates prior to the first event or occurrence giving rise to such liability. You acknowledge and agree that to provide you with the rights to access and use the service(s) in accordance with section 1, we have limited our potential liability and allocated risks based on the subscription charges, which would have been substantially higher if we were to assume any further liability other than as set forth herein. In jurisdictions which do not permit the exclusion of implied warranties or limitation of liability for incidental or consequential damages, our liability will be limited to the greatest extent permitted by law.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You shall not, directly, or indirectly, assign all or any of Your rights under these Terms or delegate performance of Your duties under these Terms without Our prior written consent. We may, without Your consent, assign Our agreement with You under these Terms to in connection with any merger or change of Our control or the sale of all or substantially all Our assets provided that any such successor agrees to fulfill its obligations pursuant to these Terms. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.
These Terms, together with any Form(s) and Supplemental Terms, constitute the entire agreement and supersede any and all prior agreements between You and Us with regard to the subject matter hereof.
These Terms together with any Form(s) and Supplemental Terms shall prevail over the terms or conditions in any purchase order or other order documentation You or any Entity You represent provides (all such terms or conditions being null and void), and, except as expressly stated herein, there are no other agreements, representations, warranties, or commitments which may be relied upon by either party with respect to the subject matter hereof. In the event of a conflict between any Form and these Terms, these Terms shall prevail.
We may amend these Terms and/or the Supplemental Terms from time to time, in which case the new terms will supersede prior versions. Please read these Terms of Service along with Our Privacy Policy carefully before You start to use Our Service(s) or Websites, as these will apply to Your use of the Service(s), Mobile App and Our Websites. Please check these Terms from time to time to take notice of any changes We made, as they will be binding on You. Your continued use of the Service(s) following the effective date of any such amendment may be relied upon by Us as Your acceptance of any such amendment. Our failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in effect. Our non-exercise of any right under or provision of these Terms does not constitute a waiver of that right or provision of the Terms.
Sections 2 (Your Responsibilities), 5 (Intellectual Property Rights), 7 (Billing, Plan Modification and Payments), 8 (Suspension and Termination), 9 (Confidentiality), 10 (Data Privacy and Security), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 16 (Survival), 17 (Notices; Consent to electronic communication) and 18 (Governing Law and Dispute Resolution) shall survive any termination of Our agreement with respect to use of the Service(s) by You. Termination of such agreement shall not limit Your or Our liability for obligations accrued as of or prior to such termination or for any breach of these Terms.
All notices to be provided by Us to You under these Terms may be delivered in writing (i) by nationally recognized overnight delivery service ("Courier") or mail to the contact mailing address provided by You on any Form(s) or related document while subscribing to the Service(s); or (ii) electronic mail to the e-mail address provided for Your Account.
Our address for a notice to Us in writing by Courier or Mail is: darpanionline@gmail.com or electronic mail. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.
These Terms shall be governed by the laws of the Republic of India without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction courts of India, for the purpose of resolving any dispute relating to the Terms or Your access to or use of the Service(s).
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be settled by an arbitral panel composed of a single arbitrator appoint