TERMS AND CONDITION

DiaCad Terms and Condition

Please read these terms and conditions carefully before using our Platform. You should understand that by using our Platform, you agree to be bound by these terms and conditions including ‘Terms of Use’ and ‘Privacy Policy’. Please understand that if you refuse to accept these terms and conditions, you will not be able to access the Referral Program provided under our Platform. These terms and conditions are in addition to the Diacad Terms of Use to which you agree and are bound by using Diacad.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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.

Eligibility

Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website.

Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.

The Website reserves the right to terminate any membership and refuse to provide access to the Website if it is brought to the Website’s notice or discovered that the person accessing/using the Website is under the age of 12 years.

Limitation Of Liability

All transactions on the Diacad Application, monetary and otherwise, are non-refundable, non-exchangeable and non-reversible, save and except in the event of proven gross negligence on the part of Diacad or its representatives, in which event the user agrees that the user shall only be entitled to a refund of the amount actually paid by the user and actually received by Diacad with respect to the Payment done by the user.

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Diacad has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Diacad liability in such jurisdictions shall be limited to the extent of the amount actually paid for by any user while availing any of the services on the Diacad website

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any Diacad Service, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably.

If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Diacad may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act).

Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act.

Verification Of Information

We may share some or all of the information you provide with the Payment System Providers, Card Associations, issuing Banks, Partner Bank, Nodal Banks and other statutory, regulatory and governmental authorities.

By accepting these Terms and Conditions, you authorize Diacad to request for supplemental documentation at any time (before or after your Diacad Account has been activated), in order to verify your identity, the accuracy of the information provided.

If we cannot verify that this information is accurate and complete, we may deny your use of the services, or close your Diacad Account at any time. At any time, Diacad and/or the Payment System Providers may conclude that you will not be permitted to use the services.

Risks

The use of a device such as mobiles, tablets and laptops involves risks as also does the usage of internet. For example, sensitive personal information or financial data that is transmitted from or to a device or internet may be intercepted and used by third parties without your knowledge.

Viruses, spyware and other “malicious code” can also be downloaded to your devices without your knowledge. By using a device and internet to access the Sites, you assume all of those risks and agree that we will have no liability whatsoever to you for any loss or theft (including identity theft) occurring as a result of such risks.

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