Megh 3– Terms of Service

Last Updated on: 2023

The instant Terms of Service (“Terms”) is published by DigiBoxx Technologies and Digital India Private Limited (CIN: U72900MH2020PTC349744), a company incorporated under the Companies Act, 1956 and having its registered office at First Floor, Queens Mansion, Prescot Road, Fort, Mumbai, Maharashtra – 400001, India (“Company”). The “User” (as defined below) shall be deemed to have accepted these Terms for accessing or using the Website (as defined below). Upon such confirmation, these Terms come into effect and be held to be a valid agreement between the Company and the User.

This document is an electronic record in terms of 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.

All capitalised terms used but not defined herein have the same meaning as defined in the Company’s Terms of Service, except for the following definitions, which are amended and now read in these Terms:

“DigiBoxx Megh3 Account” shall mean the account created by the User by providing the Company certain User information.
“Megh3” shall mean the platform created under the DigiBoxx platform specifically created for Users to store User’s Content.
“Services” shall mean the services as detailed under Clause 4 of this Terms.
“User” shall mean an individual being a natural person or a small business user or a business / enterprise user who accesses the Website and/or accepts these Terms and who seeks to avail the Services of the Company. Nothing in this Terms shall be deemed to confer any third-party rights or benefits.
“User’s Content” shall mean the content that the User saves, submits, posts, displays, uploads, shares, transmits through the Digiboxx Megh3 platform, which are in the nature of photos, image files, videos or other data. Any other content that the User choses to submit, post, display, upload, share, transmit through the Website shall be saved to the DigiBoxx Megh3 Account.
“Website” hall mean the internet portal, by the name of “Digiboxx Megh 3”, located at URL …………………..”

Acceptance
These Terms will apply to the User for accessing and using of the Website. By impliedly or expressly accepting these Terms, the User also accepts and agrees to be bound by all Company’s policies (including but not limited to Privacy Policy available on as amended from time to time) and any usage limits, product disclaimers or other restrictions presented to User on the Website.
Eligibility
Use of the Website is available only to competent individuals or natural persons. By using the Website, the User represents that the User has either reached the age of “majority” as per the Applicable Laws of the jurisdiction where the User resides, or, is not under the age of 13 (thirteen) years and further has a valid consent / guidance / supervision of a parent or legal guardian to be bound by these Terms. The parent or legal guardian of a “minor” who uses the Website, accepts and agrees to be bound by these Terms and the said parent or the legal guardian shall be responsible for supervising the minor’s use of the Website. The Company reserves the right to refuse to provide a User with access to the Website if it is brought to the Company’s notice or if it is discovered that a User is not eligible to use the Website.
User’s Obligations, Representations and Warranties
User agrees, undertakes and confirms that its use of the Website shall be strictly governed by the binding principles contained under the Company’s Terms of Service.
Scope of Services
1. In the scope of Digiboxx Megh3 Storage (hereinafter Service) Digiboxx Megh3 allows the Customer to store their data in the object storage service via the universal API (compatible with S3 REST API protocol) interface
2. Functionality of API interface is defined abc.com
3. Service management interface account.abc.com is accessible through web interface (hereinafter referred as Management Interface)
Service operation
1. Digiboxx Megh3 is providing Service by using hardware and software located in Digiboxx Megh3’s partner datacentres
2. Geographical location of datacenter is selectable by Customer. However currently the Data Centers are only limited to Indian Partnerships
3. Within the content and functionality of the Service, Digiboxx Megh3 enables to store Customer data (files, documents, photos etc) on high availability infrastructure
4. Functionality of the Management Interface may differ from capabilities of API interface
5. Full description of functionality of Service can be found on abc.com/docs
Customer access
1. Digiboxx Megh3 is granting access to Management Interface for Customer designated user(s) and providing required access credentials
2. It is Customer’s responsibility to guard and change access credentials according to industry’s best practices, Digiboxx will not be responsible on account of customer failing to carry out its duties as mentioned below.
Customer duties and responsibilities
1. It is Customer’s responsibility to ensure required internet connectivity and S3 compatible software to use the Service
2. It is Customer’s sole responsibility to protect access credentials to Management Interface
3. Customer is responsible of consequences of using access credentials including of possible provisioning of additional paid services and associated additional costs
4. Customer is responsible of using Management Interface according to set terms and conditions
5. If a Customer is providing access to Management Interface to 3rd parties the Customer is taking full responsibility for this action and remains responsible for the whole period when such access is granted. In such cases is the Customer responsible for handling 3rd party claims related to Service
6. By using Service, Customer is responsible not to upload, save, forward or apply in any other way in Digiboxx Megh3 infrastructure content what is not in accordance of valid laws and is solely responsible for associated damages made to Digiboxx Megh3 or 3rd parties
7. By using Service, Customer must avoid any activities that interferes (or might interfere) or impedes (or might impede) Service, violates (or might violate) Digiboxx Megh3 or Digiboxx Megh3’s partners infrastructure and/or network availability and/or security
8. Customer is responsible for any violation of law or violation of rights of 3rd parties what is caused by Customer’s action or inaction including damage caused by 3rd parties if Customer violates terms of this document
9. Service availability is 99.9% within perimeter of Digiboxx Megh3 datacenter
10. It is Customer’s responsibility to ensure internet connection and other required resources to use the Service
11. Service malfunction or downtime is not treated as SLA breach if this is caused by Customer’s activity or inactivity or in case of force majeure. Digiboxx Megh3 datacenter environment
12. Service is operated from Digiboxx Megh3 partner datacenter with strict access control policies and includes:
  1. video surveillance
  2. door system with entry and exit logging
  3. automatic gas extinguishing system
  4. two source power feed through UPS system and backed with diesel generator
  5. temperature and humidity control systems
Customer access
1. Customer undertakes to pay for the use of the Service according to the price list
2. In case Customer is violating terms and conditions set in this document, has Digiboxx Megh3 right to revoke access from Customer to Management Interface regardless of extent of violation or fact that Customer agrees with Digiboxx Megh3’s evaluation of violation
Privacy Policy
1. Digiboxx Megh3 takes security seriously. We utilize commercially reasonable safeguards to protect against the unauthorized access, use, modification, destruction or disclosure of User’s Content. However, no technology is one hundred percent secure. Due to the realities of data security, Digiboxx Megh 3 is unable to guarantee that any information provided to us will not be accessed, hacked, disclosed, altered, or destroyed by unauthorized parties.
2. The Company does not claim ownership of the User’s Content and shall in no manner have any right to view or access the User’s Content uploaded on the Website. However, the User shall remain solely responsible for the User’s Content it uploads on the Website, for any claims, damages or losses resulting from the use of such User’s Content.
3. User’s Content stored on the Company’s servers are not shared with any marketing partners. User’s Content is never sold to any 3rd party. The User’s Content uploaded on the Website are intended to be private and not shared.
4. The Company may however use and/or disclose the User’s personal information (including but not limited to the name, contact number, email address, location tracking, etc.), non-personal information and even sensitive personal information (personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership and the processing of financial data such as credit card/debit card/payment details etc.) if the Company believes that the access, use, preservation or disclosure of such information shared with the Company is reasonably necessary to: (1) satisfy any applicable law, regulation, legal process or enforceable government request including to law enforcement and in response to an order passed by the Leaned Courts; (2) detect, prevent, or otherwise address fraud, technical or security issues; (3) enforce applicable terms and conditions, including investigation of potential violations thereof.
5. Digiboxx Megh 3 may display advertisements. Digiboxx Megh3 may share personal information such as your device ID or IP address with third party marketing partners in order to display targeted advertisements. Rest assured, your User Content will not be shared with the third party marketing partners and will remain private.s
6. DigiBoxx Megh3 values the privacy of your data and your trust in our service. We may transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
7. The abovementioned privacy policies of DigiBoxx Megh3 shall form a part of and be read with the Privacy Policy of DigiBoxx, its mother platform.
Trademark, Copyright and Restriction
All material of, or contained on the Website, including artwork, computer code, design, structure, selection, co-ordination, expression, the look, feel and arrangement of the content on the Website, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and also, the User must not assist any other person to do so.
Disclaimer of Warranties
1. The Company makes no representation that the Website and the Services will be constantly available or available at all times. The User agrees and acknowledges that the Website and the Services are provided on an online portal and are susceptible to downtimes, crashes or other such technical issues for which the Company shall not be responsible to the User in any manner whatsoever.
2. Further, the Company shall not be responsible for service interruptions caused by: (1) periodic scheduled maintenance or repairs the Company or the TSP (as defined in the Company’s Terms of Service) may undertake from time to time; (2) interruptions caused by User from custom scripting, coding or the installation of third-party applications; (4) causes beyond the Company’s control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments. Unscheduled maintenance may need to be performed. During this time the server may be off-line. In this case a notice regarding the maintenance may be posted by the Company.
3. User specifically acknowledges and agrees that, User’s use of the services and the Website is at its own risk. The company (including any third party assisting the company in provision of services), its affiliates, group companies, officers, directors, employees and agents, do not make, and hereby disclaim, any and all warranties, whether express, implied, statutory, or otherwise, including without limitation the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title, and any warranties arising from a course of dealing, performance, usage, or trade practice or about (a) the accuracy, completeness, or content of the Website, (b) the accuracy, completeness, or content of any sites linked (through hyperlinks or otherwise) to the Website, (c) the services found at the Website or any sites linked (through hyperlinks or otherwise) to this website, and the company assumes no liability or responsibility for the same, (d) the service or quality of any services or information will meet your requirements or expectations, and/or (e) the service or the server(s) that make the service available are free of viruses or other harmful components. The Service and all content is provided to you strictly on an “as is” basis. The Company does not warrant that the services or the website will be uninterrupted, error-free, timely, and completely secure or operate in combination with any other hardware, software, system or data. The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these terms or User’s use of this Website or the services found at this Website.
Remedy
Termination or expiration of these Terms, in part or in whole, shall not limit the Company from pursuing other remedies available to it, nor shall the Company be liable to the User for any damages resulting solely from termination as permitted herein.
Indemnity
As a condition of its use of the Website, User shall indemnify and hold harmless the Company, its affiliates, group companies (as applicable) and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the User’s breach of this Terms, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Limitation of Liability
Under no circumstances shall company or any of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors and assigns be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, this website or the information contained on this website or obtained from your use of this website, including for viruses alleged to have been obtained from the website, even if the company has been advised of the possibility of such damages or losses and regardless of the theory of liability.
Jurisdiction and Dispute Resolution
The Terms shall be governed by and interpreted and construed in accordance with the laws of India. Any dispute or disagreement arising out of these Terms including but not limited to issues relating to the rights and liabilities of both the Users and/or the Company, interpretation of these Terms, and all such other issues arising out of these Terms shall be subject to the exclusive jurisdiction of the courts at Mumbai.
Termination of Account
DigiFotos may terminate or suspend any and all Services and/or your DigiFotos account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your DigiFotos account, you must do so in writing and select whether you wish to deactivate (i.e., temporarily suspend) or completely delete your account. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, your entitlement to the payment of royalties (excluding royalties generated after you delete your account), warranty disclaimers, indemnity and limitations of liability.
Contact Us
Please send any questions or comments (including all inquiries related to trademark/ copyright infringement) regarding the Website or the Services to ____________________.
Miscellaneous
The miscellaneous provisions and other general terms and conditions shall be as contained under the Company’s Terms of Service available at ________________.