Terms of Use

Who are we and how to contact us
1. Thanks for using Darwinbox Marketplace (“Marketplace”). Marketplace is a service provided by Darwinbox Digital Solutions Pvt. Limited (“Darwinbox”, “we” or “us”, “our”), a company incorporated in India with its having its registered office at Plot No.17, Madhapur Road, Opp. Best Western Jubilee Ridge, Kavuri Hills, Hyderabad - 500033 and its Corp. Office at Unit No. 1, 3rd Floor, Skootr Managed Office, Block C, RMZ Futura, Plot No. 14 and 15, Road No. 2, Hitec City Layout, Madhapur, Hyderabad – 500081, Telangana.
2. Your use of Marketplace is subject to the Marketplace Terms of Use (“Marketplace ToS”), the Agreement you have with Darwinbox and Darwinbox Terms of Use (“Darwinbox ToS”) (together referred to as the “Terms”). If there is any conflict between Marketplace ToS and the Agreement, for the purpose of use of this Marketplace, the Marketplace ToS shall prevail. A reference to "you" or "your" is a reference to the User of the MarketPlace which includes but not limited to the Subscribers, Employee or Contractor of the Customer, Advertiser(s) and Browser/Visitor(s) or any other person who visit the MarketPlace.
3. The marketplace is an intermediary for Other Service Providers. The Other Service Providers may include companies, partnership firms who provide various solutions to you.
4. We reserve the right to amend, modify, change, update the terms of use and these Terms were last updated on 19-07-2023
5. To contact us, please write to us at, email or post to our address above.
You accept these terms by using our Marketplace
1. The terms set out all the rules, regulations and obligations that apply to your use of the MarketPlace.
2. By visiting the Marketplace, you agree and confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Marketplace.
3. By using our Marketplace and accepting these Terms, you give consent to bind the Customer.
4. These Terms may also make reference to other Terms that apply when using the Marketplace, such as our privacy policy and cookie policy.
5. You may use Darwinbox Marketplace to browse, locate, connect, contract with Other Service Providers for availing their services and access various contents of these Other Service providers including but not limited to marketing, advertisement, feature list of such Other Service Providers (“Content”)
6. Marketplace Content may need to be updated, for example, for bug fix, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Such Updates may be necessary in order for you to use Darwinbox Marketplace or to access, or use Content.
7. Darwinbox Privacy Policy explains how we treat your personal data and protect your privacy when using Darwinbox Marketplace. Marketplace may need to provide your personal information, such as your name and email address, to Other Service Providers for you to be able to avail their service.
8. Unauthorized Access to Accounts: If we disable your access to the Marketplace in accordance with the Terms, you may be prevented from accessing Darwinbox Marketplace.
We may change our terms
We change amend these terms from time to time by updating these terms on the Marketplace. Every time you wish to use our Marketplace, please check these terms to ensure you understand the terms that apply at that time.
We may change the Marketplace
At any time from time to time, we may change, the content of this Marketplace or suspend or discontinue any aspect of this Marketplace, which may include your access to it.
Obligations and acceptable use
1. You accept and agree that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use the Marketplace and that your computer system is compatible to access the Marketplace.
2. You must at all times make sure that you do not misuse our system or the Marketplace. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Marketplace, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful. You must not misuse any forms on the Marketplace and any forms you submit must be a genuine enquiry.
3. You must not at any time use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access the Marketplace. You must not use any scraping technology on the Marketplace. Any such use or attempted use of an automated program shall be a misuse of our system and this Marketplace. Obtaining access to any part of our system or this Marketplace by means of any such automated programs is strictly unauthorised.
Service and content
1. While accessing the Marketplace you may show interest in Other Service Providers. Based on your interest, you may submit an inquiry, we will connect you with Other Service Provider.
2. As a User you agree to submit any inquiry about Other Service Providers at your sole discretion and after conducting due-diligence.
3. You agree that we reserve the right to act or not to act on such inquiry.
4. As a User you agree that any inquiry submitted by you would be deemed to be an inquiry of the Customer.
5. We may allow you view the content free of charge on Marketplace. However, at the sole discretion we may give may this Content at a charge.
6. You agree and give consent that Other Service Providers may approach you regarding their services and we will not be responsible for any loss or damage caused to you or the Customer due to such approach.
7. If the Customer signs a contract with the Other Service Providers, you may inform us.
8. When you fill out and submit an enquiry form on our Marketplace, your personal data will be processed in accordance with our privacy policy.
9. All content that you upload to our Marketplace will be considered confidential and subject to the terms of our privacy policy.
10. All Content that you access on the Marketplace do not represent our views or values.
Rights and Restrictions
1. You agree that all right title and interest in the content shown to you in Marketplace is reserved either by us, licensors, or Other Service Providers.
2. If you violate any of the Terms, your rights to access this content will immediately terminate. You may not display the Content accessible on Marketplace or trademark of Darwin box or Other Service Provider unless specifically permitted by us or Other Service Provider.
3. You may not Sell rent lease distribute broadcast transmit communicate modify sub license transfer assign any Content of us or Other Service Provider including any download of content that you may obtain through marketplace except as specifically permitted and only in the exact manner provided.
4. You may not use Marketplace or any Content in conjunction with any stream ripping, stream capture or similar software to record or create a copy of the Content that is presented to you in the streaming format.
5. You may not Attempt to, or assist, authorise or encourage others to circumvent disable or defeat any of the security features or component that protect, oscillate or otherwise restrict access to any Content or Marketplace.
6. You agree not to Remove any watermarks label or other legal or propriety notices included in any Content or attempt to modify any Content obtained through Marketplace including any modification for the purpose of disguising or change any indication of the ownership or source of the Content.
7. You agree and acknowledge that notwithstanding anything to the contrary in these Terms, the third parties who license their content to marketplace are intended third party beneficiaries under these Terms solely with respect to specific provision of these terms that directly concern their Content and we are not responsible for it.
Intellectual property
The copyright and all other intellectual property rights in this Marketplace (including all database rights, trademarks, service marks, trading names, text, graphics, code, files, links and other materials published on it) belong to us or our licensor(s). All rights are reserved.
Warranty
1. While we endeavour to ensure that any material available for downloading from the Marketplace (such as a Other Service Providers brochure) we do not warrant that such material will be free from infection, viruses and/or similar code.
2. Due to the nature of software and the internet, we do not warrant that your access to the Marketplace will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of our Marketplace without notice. We shall not be liable if we cannot process your details due to any circumstances.
3. The information provided on this Marketpalce is for general interest only and does not constitute specific advice. Although we make reasonable efforts to update the information on our Marketplace, we make no representations, warranties or guarantees, whether express or implied, that the content on our Marketplace is accurate, complete or up to date.
4. We give no warranties or representations that the information about Other Service Providers on this Marketplace is correct, accurate or up-to-date.
5. We do not give any warranty of the accuracy of the information of Other Service Providers.
6. No guarantees are made by us on the listing of Content on our Marketplace or the providers of the video Content as to its accuracy or completeness.
7. We do not take any warranty of any documents, legal or otherwise, shared across our marketplace on whether they are accurate, genuine or legal. This responsibility solely rests on the Other Service Providers.
8. The details of the Content available on this Marketplace are provided to us by Other Service Providers for your information only. We do not verify the details provided to us and give no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. We recommend that you check the details with Other Service Providers who are advertising on our Marketplace before making any decisions or taking any action in regards to a services advertised on our Marketplace.
9. This marketplace may contains links to websites operated by Other Service Providers. We have no control over their individual content. We give no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. If you decide to access any third party website linked from this Markplace, you do so at your own risk.
10. To the extent permitted by law, we exclude all conditions, warranties, representations or other Terms which may apply to our Marketplace or any Content on it, whether express or implied.
Bar from Marketplace
We reserve the right to bar Users from this Marketplace and/or restrict or disable their access or use of any or all elements of our services, on a temporary basis or full time basis at our sole discretion.
Suspension or withdrawal of Marketplace
We do not guarantee that our Marketplace, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Marketplace for business and operational reasons. You are also responsible for ensuring that all persons who access our Marketplace through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
Limitation of Liability
1. Whether you are a User of Marketplace, we will not be liable for any damages of any kind arising out of or relating to the use or the inability to use marketplace, its Content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
2. We will not be liable for any failures due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control.
3. We do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
4. We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Marketplace. Subject to clause 12.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Marketplace.
5. We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our marketplace or to your downloading of any content on it, or any website linked to it.
6. If you inquire or show interest in Other Service Providers members using the Marketplace, your details (including your e-mail address, telephone number and the address of the property you are considering a valuation on) will be sent to the Other Service providers that you are enquiring with. We do not accept any liability for any subsequent communications that you receive directly from that member.
7. We exclude all implied conditions, warranties, representations or other terms that may apply to our Marketplace or any content on
  1. We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    1. Use of, or inability to use, our Marketplace; or
    2. Use of or reliance on any content displayed on our Marketplace or For any decision that user took based on the content of our Marketplace
    3. In particular, we will not be liable for:
    4. Loss of profits, sales, business, or revenue;
    5. Business interruption;
    6. Loss of anticipated savings;
    7. Loss of business opportunity, goodwill, or reputation; or
    8. Any indirect or consequential loss or damage.
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL OUR LIABILITY IN THE AGGREGATE, EXCEED A TOTAL OF INR TEN THOUSAND RUPEES ONLY (INR 10,000).
Termination
We may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to the Marketplace (or any part thereof) for any reason, including, without limitation, that we may on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law
Governing Law and Dispute
Any and all disputes arising from or in relation to the use and access of this marketplace shall be governed by, and interpreted under, the laws of India, without regard to conflict of laws principles and the Courts in Hyderabad shall have the exclusive jurisdiction.
Severability
These Terms between we and you governs your use of Marketplace. If any provision of these terms and conditions or part thereof are inconsistent with or are held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.
Waiver
The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of is right to enforce such right or provision subsequently.
Customer feedback
We try to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us at marketplace@darwinbox.com. feedback

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Terms of Use

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