In these General Terms and Conditions, the following terms have the following meanings: ‘Myrsa Technology Solutions Private Limited”, with its registered office at Office No. 1202, Oriana Business Park, Plot No. A-69 & A-70, Road No 22., M.I.D.C., Wagle Industrial Area, Thane(W)., listed under company number: U74999MH2016PTC282526, every natural person (B2C) or legal entity (B2B) (for the provisions in the Privacy Act that apply to legal entities) in a contractual relationship, of whatever nature, with Client via the online platform of DirectM. 'Responding Party', every natural person (B2C) or legal entity (B2B) (for the provisions in the Privacy Act that apply to legal entities) in a contractual relationship, of whatever nature, with DirectM via its online platform. '(Listings)': the object of one or several (electronic) agreements. Apart from these General Terms and Conditions, specific conditions may apply to certain services and/or products, if explicitly stated. Should there be any differences between those specific conditions and these General Terms and Conditions, the stipulations included in the specific conditions shall, in principle, prevail over the General Terms and Conditions, unless otherwise provided. Derogation from one or more of the stipulations included in these General Terms and Conditions can only be effectuated on condition that there is explicitly agreed evidence in writing. In that case, the remaining stipulations included in these Terms and Conditions shall remain fully in force. Any General Terms and Conditions applied by the Purchaser are not applicable. “Myrsa Technology Solutions Private Limited” reserves the right to modify and/or supplement the General Terms and Conditions at any time. By using the website or another electronic portal of “Myrsa Technology Solutions Private Limited” and/or placing a listing, the tenant/purchaser accepts these General Terms and Conditions and all other rights and obligations as stated on the website. “Myrsa Technology Solutions Private Limited” can make an appeal to third parties if this is required for a correct execution of a contract with the Purchaser. DirectM can be reached via ‘www.directm.in’.
II. INFORMATION AND CONTRACTS:
“DIRECTM” places information regarding the features of its products/services online with the utmost care, including technical descriptions, which are based on details of its partners and suppliers, and photos to illustrate the listings. All this in so far as technical means allowed and in accordance with the best standards in the market. Certain secondary elements of an offer in response to a Listing, such as the current or future condition of a pop-up store, event locations, temporary workshops, home, apartment, company premises, community centre, piece of land, house, studio, holiday home, certain supplementary options, and the like, may not match the requirements specified in the Listing, as published on the website, at the time of occupation. An agreement is formed when the Responding Party decides to comply with the request formulated in the Listing placed by the Owner/Advertiser/Host, and does so within the time span agreed by the parties and in accordance with the stipulated formalities. In order to finalize an agreement following a Listing that was placed on the website, a confirmation will be emailed to the email address submitted by the Owner/Advertiser/Host. DirectM, Owner/Advertiser/Host , and Responding Party expressly agree that a valid agreement can be formed through the medium of electronic forms of communication. In particular the absence of a verifiable regular, digital, or electronic signature does not diminish the binding force of the offer and acceptance thereof. Only persons aged 18 or over can enter into a valid agreement. DirectM’s electronic files shall in this case, insofar permitted by law, constitute presumption of evidence. Information, images, verbal messages, statements etc. relating to any Listings and the most important elements of Listings or associated offers submitted by phone or email are passed on (reflected) or made as accurately as possible.
From the moment a Listing is placed by the Owner/Advertiser/Host , Responding Parties can submit a proposal. All prices are in INR and exclusive of GST and TDS. Apparent or blatant errors in a Listing, such as evidently incorrect information, can be corrected by DirectM and/or the parties after formation of the agreement. The parties shall receive clear notification of possible additional costs involved. mm
The eventual payable price is the purchase price agreed by the parties, which is beyond the scope of DirectM’s activities. This amount must be paid as agreed by the parties in mutual consultation. DirectM should be considered an objective online intermediary, meaning that it does not have any kind of responsibility or authority regarding final payments. Registration and logging on is, in principle, free of charge until and unless users pay a membership fee at their own volition for added services and features.
If you purchase any Products/Services/make a booking on www.directm.in, you will be responsible for paying any applicable GST as per prevailing government GST rates.
VI. IDENTITY THEFT AND CREDIT FRAUD:
In order to assure the safety of your online transactions, DirectM cooperates with authorized credit card payment partners and publishers. Online payments are executed via a closed security system (SSL), through which your bank details are always encrypted when they are sent via the Internet. Loss or theft of your identity or credit card information is hereby reduced to a minimum risk. DirectM believes all possible and appropriate precautions have been taken. Therefore, DirectM cannot be held liable for possible identity theft or financial theft.
VII. FORCE MAJEURE:
In case of force majeure, DirectM shall not be obliged to comply with its obligations in respect of the other party. DirectM will be entitled to suspend the performance of its obligations for the duration of the force majeure. Force majeure shall be taken to mean any circumstance beyond its control (due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, curfew, lockout, or boycott.) which entirely or partially prevents compliance with its obligations in respect of the other party.
VIII. INTELLECTUAL PROPERTY:
All intellectual property rights and derived rights continue to be retained by DirectM. These intellectual property rights shall be taken to mean copyrights, trademark rights, designs and models rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Purchaser is not allowed to make use of the intellectual property rights as described in this article and/or make changes to them, unless it only concerns the private use of the product itself.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content. You hereby agree that you will not:
1. Upload content or items that are, in our sole judgment, lewd, inappropriate, or of a sexual nature;
2. Violate any laws, rights of third party or our policies;
3. Use our sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites;
4. Fail to deliver payment for use of the site;
5. Change or interfere with other user's listings;
6. Upload false, inaccurate, misleading, defamatory, or libellous content (including personal information);
7. Transfer your DIRECTM account or user ID to another party without our consent;
8. Distribute or upload spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
9. Distribute viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet or any other technologies that may harm DIRECTM, or the interests or property of DIRECTM users;
10. Collect or track the personal information of others
11. Spam, phish, farm, pretext, spider, crawl, or scrape
12. Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
13. Copy, modify, or distribute rights or content from the DIRECTM sites, or DIRECTM's copyrights and trademarks; or
14. Use or distribute information about other users, including email addresses, without their prior written consent.
15. Use for any unlawful purpose
16. Solicit others to perform or participate in any unlawful acts
17. Violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
18. Infringe upon or violate our intellectual property rights or the intellectual property rights of others
19. Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Without limiting any other rights or remedies, we may restrict, suspend, or terminate your account with DIRECTM, prohibit access to our sites and their content, remove any. You hereby agree that we have the right to cancel unconfirmed accounts or accounts that have been inactive for an extended period of time, or to modify or discontinue DIRECTM sites. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). Unless otherwise stated, all fees are quoted in INR. You are responsible for paying all fees and applicable taxes associated with our sites in a timely manner with a valid payment method. You agree to pay any and all legal fees, costs and expenses we incur in enforcing the terms and conditions of this Agreement.
If and when you upload or deliver content to DIRECTM’s sites, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content you delivered, in any media known now or in the future. DIRECTM does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. DIRECTM is not liable for any damage or harm resulting from any posts by or interactions between users. DIRECTM reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content DIRECTM deems objectionable. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
XII. REPRESENTATIONS (ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION):
You acknowledge and agree that DIRECTM and its officers, members, directors, attorneys, and agents are not responsible nor will be held liable for other users' content, actions, or inactions. You acknowledge that we are not a broker, nor your agent, and that we do not represent you unless we have agreed do so in writing signed by our owners. DIRECTM is merely a software to allow anyone to offer, post, promote, advertise, sell, and/or rent on any agreed upon terms and conditions any existing space, premises, land, offices, stores or other real property in any form as agreed upon between users. You hereby agree and acknowledge that we have no control over and do not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of individuals who upload content to sell, lease, or rent any property posted, the ability of renters, leases, licensees, purchasers or other users to pay for property contracted for, or that users will actually complete a transaction. You hereby acknowledge that we will perform no investigation as to the accuracy of any information or uploads on DIRECTM’s sites, and you agree to use and/or trust any information on the sites at your own risk. You agree that all DIRECTM sites are provided on an “as-is” basis. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the material on this site is at your own risk. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product/space/brand descriptions, pricing, promotions, offers, booking charges, lead times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel bookings if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your booking). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. You acknowledge that we do not guarantee constant or secure access to our sites. Accordingly, we hereby exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, direct, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites.
XIII. LIMITATION OF LIABILITY:
1. use of, or inability to use, our site; or
2. use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill or reputation; or
5. any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Myrsa Technology Solutions Pvt Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Notwithstanding anything contained in this Agreement, if we are found to be liable, our liability to you or to any third party is limited to the lesser of (a) the total fees you paid to us in the three (3) months prior to the action giving rise to the liability and (b) INR 1000.
XIV. MODIFICATIONS TO THE SERVICE AND PRICES:
Certain products or services may have limited quantities and are subject to refund only according to our Refund Policy. We have made every effort to display as accurately as possible the colours and images of our listings that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any-time without notice, at our sole discretion. We reserve the right to discontinue any product/listing/service at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
XV. ACCOUNT INFORMATION AND BILLING/PAYMENT ACCURACY:
XVI. PERSONAL INFORMATION SHARING:
XVII. ONLINE STORE TERMS & VIRUSES:
By agreeing to these Terms of Service, you represent that you are not a minor in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. We will not be liable for any loss or damage caused by a virus, trojan, worm, logic bomb, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material (each a "Virus") due to your use of our site or to your downloading of any content on it, or on any website linked to it. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software. You must not misuse or attack our site by knowingly introducing Viruses. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
In the event that a dispute were to arise between the Owner/Advertiser/Host and the Responding Party, these parties shall indemnify DirectM against and compensate DirectM for any known and unknown form and type of claims, rights, and damage ensuing from or in any way related to such disputes. To the fullest extent permitted by law, you agree to indemnify, protect, defend with competent counsel, and hold harmless MYRSA TECHNOLOGY SOLUTIONS PRIVATE LIMITED, its officers, affiliated companies, partners, directors, contractors, licensors, service providers, subcontractors, suppliers, interns and employees members, successors, assigns, legal representatives, shareholders, and agents, for, from and against any and all claims, damages, losses, liabilities, liens, fines, penalties, suits, judgments, causes of action, costs and expenses (including, without limitation, court costs, attorneys fees and disbursements), of any nature, kind or description arising out of, resulting from, or caused, directly or indirectly, (in whole or in part) by your use of our sites, any agreements you make with third parties resulting from information contained on the site, any claims by any third parties with respect to information you post or upload on the site, or your violation of any law or term of this Agreement. You hereby specifically waive any protections in any law or ordinance, if any, applicable to you in your jurisdiction or other jurisdiction which in any way limits this general release. You agree that you will not: (i) take any action that creates or may create (in our sole discretion) an unreasonable or excessive load on our site; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of DIRECTM and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the sites or any activities conducted on or with the sites.
XIX. THIRD-PARTY SERVICE PROVIDORS:
We have made available certain content, products and services via our Service which may include materials and links to/from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
XX. THIRD PARTY TOOLS:
We may provide you with access to third-party tools which we neither monitor nor have any control over or input in. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
XXI. USER/CUSTOMER FEEDBACK AND OTHER SUBMISSIONS/COMMENTS:
If, on request from “DIRECTM”, you make certain specific submissions (Customer surveys, service feedback, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. DirectM may conceivably receive complaints about individual Listings. DirectM reserves the right to, on a case-by-case basis and without prior notice or stating reasons, remove Listings that infringe the moral and/or material interests of another User or a third party. DirectM shall handle every complaint within fourteen (14) working days after receipt. All parties involved shall be notified of the decision on the complaint. Possible faults in the functioning of the DirectM portal, such as excessive downtime, code errors, loss of data, etc., must be reported to the DirectM organisation within seven (7) working days after they arise.
XXII. CHANGES TO TERMS OF SERVICE:
You hereby agree that we may amend this Agreement at any time by posting the amended terms on this site. Any and all such amended terms shall automatically be effective twenty-four (24) hours following their posting on the site. Therefore we recommend that you regularly review the terms of this Agreement. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. This Agreement constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any other amendment to this Agreement must be in writing and executed by both parties. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. Failure of DIRECTM to insist on strict performance of any of the conditions or provisions of this Agreement, or to exercise any of our rights hereunder, shall not waive such rights.
XXIII. SEVERED TERMS & CONDITIONS:
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
XXIV. JURISDICTION (APPLICABLE LAW AND COMPETENT COURT):
This Agreement shall be governed by and construed in accordance with the laws of the Union of India subject to Mumbai, Maharashtra Jurisdiction. This Agreement constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendment to this Agreement must be in writing and executed by both parties. The article headings are for convenience only and do not affect the meanings of the articles and the terms. In any dispute arising under this Agreement, in the event of a conflict between the text and a caption, the text controls. Indian law shall be of exclusive application to all offers and contracts. All disputes related to or arising from offers from DirectM or contracts concluded with it, will be submitted to the competent territorial court jurisdiction Mumbai
XXV. QUESTIONS ABOUT TERMS AND CONDITIONS:
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org