This agreement ("user agreement") incorporates the User Terms and Conditions for
the website, (“DV”)to provide services to the person (s)
("the User") intending to use DV’s e-verify or e-submit services or for uploading
documents onDV websites or using any other interface channels of DV which includes
its sales persons, offices, call centers, advertisements, information campaigns
etc.This Website User Agreement governs your use of this website and the relationship
between you and the website, owned, operated and managed
by Tharakan Web Innovations Pvt. Ltd. (Company). DV reserves the right to update
or change this Agreement at any time and for any reason without notice to you, and
you agree that by continuing to use this Website after we make any changes to this
Agreement, that you are bound by the then current version of this Agreement. Your
act of visiting or using this Website has the same legal force and effect as a written
contract with your written signature. You further agree that you will not challenge
the validity, enforceability or admissibility of this Agreement on the grounds that
you agreed to it electronically. You also agree that you have had an opportunity
to print a copy of this Agreement for your records.
Both User and DV are individually referred to as 'party' and collectively referred
to as 'parties'.
The Users visiting the website or availing any services indicated therein from DV
shall be deemed to have read, understood and expressly accepted the terms and conditions
of this agreement, which shall govern the use of this Website, any desired transaction
or provision of any services by DV for all purposes, and shall be binding on the
User. All rights and liabilities of the User and/or DV with respect to any services
to be provided by DV shall be restricted to the scope of this agreement.
DV reserves the right, in its sole discretion, to terminate the access to any or
all DV websites or its other sales channels and the related services or any portion
thereof at any time, without notice, for general maintenance or for any reason what
so ever.DV shall not be responsible for any losses suffered by the User or any consequent
claims for damages arising on this account.
Additionally, the Verifier or Downloader itself may provide terms and guidelines
that govern particular features, offers or the operating rules and policies applicable
to each Service. The User shall be responsible for ensuring compliance with the
terms and guidelines or operating rules and policies of the Verifier or Downloader
with whom the User elects to deal, including terms and conditions set forth in a
Verifier or Downloader terms and conditions.
DV's Services are offered to the User conditioned on acceptance without modification
of any of the terms, conditions and notices contained in this Agreement, as may
be applicable from time to time. For the removal of doubts, it is clarified that
availing of the Services by the User constitutes an acknowledgement and acceptance
by the User of this Agreement. If the User does not agree with any part of such
terms, conditions and notices, the User must not avail DV's Services.
In the event that any of the terms, conditions, and notices contained herein conflict
with the Additional Terms or other terms and guidelines contained within any other
DV document, then the terms and conditions specified herein shall prevail.
In no event shall the Company and/or the Website or any of its Contractors or Agents
be liable to you for any damages (including, without limitation, incidental and
consequential damages, lost profits, or damages resulting from lost data or business
interruption) resulting from your use or inability to use this website or the content,
or any of the services provided therein, whether based on warranty, contract, equity,
tort, statute or any other legal provision, and whether or not we are advised of
the possibility of such damages or claims.You further agree that in no event shall
the Company and/or the Website or any of its Contractors or Agents of the Company
and/or website, be liable to you for any damages (including, without limitation,
incidental and consequential damages, lost profits, or damages) resulting from the
use or misuse of any information provided by you. You further understand that DV
has no control over how any information that you provide to third party linked sites
are used. You further agree that in no event shall the Company and/or the Website
or any of its Contractors or Agents of the Company and/or website, be liable to
you for any damages (including, without limitation, incidental and consequential
damages, lost profits, or damages) for the non-fulfillment of any offer or services
requested to be performed by you on this Website.
By using the Account Access service in DV's websites, the User authorizes DV and
its agents to access third party sites, including that of Banks and other payment
gateways, designated by them or on their behalf for retrieving requested information.
While registering, the User will choose a password and is responsible for maintaining
the confidentiality of the password and the account.The User is fully responsible
for all activities that occur while using their password or account. It is the duty
of the User to notify DV immediately in writing of any unauthorized use of their
password or account or any other breach of security. DV will not be liable for any
loss that may be incurred by the User as a result of unauthorized use of his password
or account, either with or without his knowledge. The User shall not use anyone
else's password at any time.
DV reserves the right to charge listing fees for certain listings, as well as transaction
fees for certain transactions using the services provided by DV. DV further reserves
the right to alter any and all fees from time to time, without notice.
The User shall be completely responsible for all charges, fees, duties, taxes, and
assessments arising out of the use of the services‘Third Party/ies’ shall mean and
refer to the various agencies who are associated withDV and who have agreed and
who are authorized to verify documents uploaded by the users and/or to download
such verified (or unverified, as the case may be) documents for a fee agreed betweenDV
and such agencies. By using the services provided by the Website, the User hereby
agrees that any payments made by you for availing such services is a comprehensive
payment not specifically segregated at the time of making such payment but is deemed
to include payments to Third Parties (hereinafter referred to as “TPP”) and payment
for the Services being rendered by DV (hereinafter referred to as “Service Charges”).
TPP are directly transferred to such specific Third Party entity / person whose
services are being utilized by DV to facilitate the proposed transaction of the
User in such proportion and in such manner as may be agreed between such Third Party
andDV. The User further agree thatDV do not have any control over any portion of
the Services to be provided by such Third Parties and consequentlyDV does not have
any control over any payments transferred to such Third Party pursuant to the agreement
between such third party entities/persons andDV. In the event of failure on the
part of such Third Parties to render the services contemplated or intended by the
User, the User understands and agrees thatDV shall not be liable to refund any payments
made by the User towards TPP unless the same is refunded toDV by such Third Parties
nor shall the User be entitled to any compensation for any losses suffered or expenses
incurred by reason of such failure or for any other reason whatsoever. On receipt
of such refund from the Third Parties,DV shall make all reasonable efforts to process
and refund such payments to the User within such period, not being less than 14
working days therefrom. The period for refund to he User shall be suitably extended
in the event ofDV being unable to process such payment for reasons beyond the control
ofDV. The User shall not be entitled to any interest or compensation on account
of any delay in refund of such payments byDV. The User further agree that the User
shall only be entitled to refund of TPP and not the Service Charges, which shall
be deemed to be a non-refundable payment made toDV for the intermediary services
being provided by it through the Website.
In case, there is a short charging by DV for listing, services or transaction fee
or any other fee or service because of any technical or other reason, it reserves
the right to deduct/charge/claim the balance subsequent to the transaction at its
own discretion. The balance amount shall be an acknowledged debt due and payable
to DV by the User and the User shall make such payment within seven days of receipt
of any such demand from DV.
In the rare possibilities of the verification not getting confirmed for any reason
whatsoever, DVwill process the refund and intimate you of the same.
is not under any obligation to make a re-verification request in lieu of
or to compensate/ replace the unconfirmed verification. All subsequent further verifications
will be treated as new transactions with no reference to the earlier unconfirmed
verification.DV shall be liable solely for refund of such amount and shall not in
any manner be liable to pay any compensation for any loss suffered on any account
whatsoever by the User on account of non-confirmation of the transaction.
If the User are not satisfied for any reason with the Services, the User may request
a refund within 30 days provided the electronic document verification or submission
process has not been completed. Refunds will be processed within 15 days, once the
refund process has been initiated. Completed electronic document verification or
submissions are non-refundable.
Any information which is specifically mentioned by DV as Confidential shall be maintained
confidentially by the user and shall not be disclosed unless as required by law
or to serve the purpose of this agreement and the obligations of both the parties
DV may send verification confirmations, submission information, cancellation, payment
confirmation, refund status or any such other information relevant for the transaction,
via SMS or by voice call on the contact number given by the User at the time of
booking; DV may also contact the User by voice call, SMS or email in case the User
couldn’t or hasn’t concluded DV services, for any reason what so ever, to know the
preference of the User for concluding the services and also to help the User for
the same. The User hereby unconditionally consents that such communications via
SMS and/ or voice call by DV is (a) upon the request and authorization of the User,
(b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the
guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance
with the relevant guidelines of TRAI or such other authority in India and abroad.
The User will indemnify DV against all types of losses and damages incurred by DV
due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any
other authority due to any erroneous complaint raised by the User on DV with respect
to the intimations mentioned above or due to a wrong number or email id being provided
by the User for any reason whatsoever.
DV is responsible only for the transactions that are done by the User through DV.
DV will not be responsible for screening, censoring or otherwise controlling transactions,
including whether the transaction is legal and valid as per the laws of the land
of the User.
The User warrants that they will abide by all such additional procedures and guidelines,
as modified from time to time, in connection with the use of the services. The User
further warrants that they will comply with all applicable laws and regulations
regarding use of the services with respect to the jurisdiction concerned for each
The User represents and confirms that the User is of legal age to enter into a binding
contract and is not a person barred from availing the Services under the laws of
India or other applicable law.
DV is not responsible for any errors, omissions or representations on any of its
pages or on any links or on any of the linked website pages. DV does not endorse
any advertiser on its web pages in any manner. The Users are requested to verify
the accuracy of all information on their own before undertaking any reliance on
The linked sites are not under the control of DV and DV is not responsible for the
contents of any linked site or any link contained in a linked site, or any changes
or updates to such sites. DV is providing these links to the Users only as a convenience
and the inclusion of any link does not imply endorsement of the site by DV.
The user agrees that there can be exceptional circumstances where DV or the verifiers
or downloaders or concerns may be unable to honor the service requested due to various
reasons beyond the control of DV or such verifiers or downloaders like climatic
conditions, labor unrest, insolvency, business exigencies, government decisions,
operational and technical issues etc. If DV is informed in advance of such situations
where dishonor of requested services may happen, it will make its best efforts to
provide similar alternative to refund the amount after reasonable service charges,
if supported and refunded by that respective verifiers or downloaders. The User
agrees that DV being an agent for facilitating document verification and submission
shall not be responsible for any such circumstances and the customers have to contact
that service provider directly for any further resolutions and refunds.
The User agrees that in situations due to any technical or other failure in DV,
services committed earlier may not be provided or may involve substantial modification.
In such cases, DV shall refund the entire amount received from the customer for
availing such services minus the applicable cancellation, refund or other charges,
which shall completely discharge any and all liabilities of DV against such non-provision
of services or deficiencies. Additional liabilities, if any, shall be borne by the
DV shall not be liable for delays or inabilities in performance or nonperformance
in whole or in part of its obligations due to any causes that are not due to its
acts or omissions and are beyond its reasonable control, such as acts of God, fire,
strikes, embargo, acts of government, acts of terrorism or other similar causes,
problems at verifier or downloaders end. In such event, the user affected will be
promptly given notice as the situation permits.
Without prejudice to whatever is stated above, the maximum liability on part of
DV arising under any circumstances, in respect of any services offered on the website,
shall be limited to the refund of total amount received from the customer for availing
the services less any cancellation, refund or others charges, as may be applicable.
In no case the liability shall include any loss, damage or additional expense whatsoever
beyond the amount charged by DV for its services.
In no event shall DV and/or its suppliers be liable for any direct, indirect, punitive,
incidental, special, consequential damages or any damages whatsoever including,
without limitation, damages for loss of use or profits, arising out of or in any
way connected with the use or performance of the DV website(s) or any other channel
. Neither shall DV be responsible for the delay or inability to use the DV websites
or related services, the provision of or failure to provide services, or for any
information, software, products, services and related graphics obtained through
the DV website(s), or otherwise arising out of the use of the DV website(s), whether
based on contract, tort, negligence, strict liability or otherwise.
DV is not responsible for any errors, omissions or representations on any of its
pages or on any links or on any of the linked website pages.
The User understands and agrees that any material and/or data downloaded or otherwise
obtained through the use of the Service is done entirely at their own discretion
and risk and they will be solely responsible for any damage to their computer systems
or loss of data that results from the download of such material and/or data.
Nevertheless, DV will always make its best endeavors to ensure that the content
on its websites or other information channels are free of any virus or such other
The User is aware that provides various services of document
verification, authentication, sharing and storage and would like to learn about
them, to enhance his / her experience. The User hereby specifically authorizes to contact the User with offers on various services offered
by it through direct mailers, e-mailers, telephone calls, short messaging services
(SMS) or any other medium, from time to time. In case that the customer chooses
not to be contacted, he /she shall write to for specific
exclusion at support@ or provide his / her preferences
to the respective service provider. The customers are advised to read and understand
the user or shares the user's information.
DV may provide the User with contents such as sound, photographs, graphics, video
or other material contained in sponsor advertisements or information. This material
may be protected by copyrights, trademarks, or other intellectual property rights
The User may use this material only as expressly authorized by DV and shall not
copy, transmit or create derivative works of such material without express authorization.
The User acknowledges and agrees that he/she shall not upload post, reproduce, or
distribute any content on or through the Services that is protected by copyright
or other proprietary right of a third party, without obtaining the written permission
of the owner of such right.
Any copyrighted or other proprietary content distributed with the consent of the
owner must contain the appropriate copyright or other proprietary rights notice.
The unauthorized submission or distribution of copyrighted or other proprietary
content is illegal and could subject the User to personal liability or criminal
Unless otherwise specified, the DV services are for the User's personal and non
- commercial use. The User may not modify copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the DV website(s) without
the express written approval from DV..
The User agrees to indemnify, defend and hold harmless the Company, DV and/or its
affiliates, their websites and their respective lawful successors and assigns from
and against any and all losses, liabilities, claims, damages, costs and expenses
(including reasonable legal fees and disbursements in connection therewith and interest
chargeable thereon) asserted against or incurred by DV and/or its affiliates, partner
websites and their respective lawful successors and assigns that arise out of, result
from, or may be payable by virtue of, any breach or non-performance of any representation,
warranty, covenant or agreement made or obligation to be performed by the User pursuant
to this agreement.
The user shall be solely and exclusively liable for any breach of any country specific
rules and regulations or general code of conduct and DV cannot be held responsible
for the same.
DV at its sole discretion reserves the right to not to accept any customer order
without assigning any reason thereof. Any contract to provide any service by DV
is not complete until full money towards the service is received from the customer
and accepted by DV.
Without prejudice to the other remedies available to DV under this agreement or
under applicable law, DV may limit the user's activity, or end the user's listing,
warn other users of the user's actions, immediately temporarily/indefinitely suspend
or terminate the user's registration, and/or refuse to provide the user with access
to the website if:
The User expressly undertakes to provide to DV only correct and valid information
while requesting for any services under this agreement, and not to make any misrepresentation
of facts at all. Any default on part of the User would vitiate this agreement and
shall disentitle the User from availing the services from DV.
In case DV discovers or has reasons to believe at any time during or after receiving
a request for services from the User that the request for services is either unauthorized
or the information provided by the User or any of them is not correct or that any
fact has been misrepresented by him, DV in its sole discretion shall have the unrestricted
right to take any steps against the User(s), including cancellation of the transaction,
etc. without any prior intimation to the User. In such an event, DV shall not be
responsible or liable for any loss or damage that may be caused to the User or any
of them as a consequence of such cancellation of transaction or services.
The User unequivocally indemnifies DV of any such claim or liability and shall not
hold DV responsible for any loss or damage arising out of measures taken by DV for
safeguarding its own interest and that of its genuine customers. This would also
include DV denying/cancelling any transactions on account of suspected fraud transactions.
The terms and conditions herein shall apply equally to both the singular and plural
form of the terms defined. Whenever the context may require, any pronoun shall include
the corresponding masculine, feminine and neuter form. The words "include", "includes"
and "including" shall be deemed to be followed by the phrase "without limitation".
Unless the context otherwise requires, the terms "herein", "hereof", "hereto", 'hereunder"
and words of similar import refer to this agreement as a whole.
If any provision of this agreement is determined to be invalid or unenforceable
in whole or in part, such invalidity or unenforceability shall attach only to such
provision or part of such provision and the remaining part of such provision and
all other provisions of this Agreement shall continue to be in full force and effect.
The headings and subheadings herein are included for convenience and identification
only and are not intended to describe, interpret, define or limit the scope, extent
or intent of this agreement, terms and conditions, notices, or the right to use
this website by the User contained herein or any other section or pages of DV Websites
or its partner websites or any provision hereof in any manner whatsoever.
In the event that any of the terms, conditions, and notices contained herein conflict
with the Additional Terms or other terms and guidelines contained within any particular
DV website, then these terms shall control.
None of the provisions of any agreement, terms and conditions, notices, or the right
to use this website by the User contained herein or any other section or pages of
DV Websites or its partner websites, shall be deemed to constitute a partnership
between the User and DV and no party shall have any authority to bind or shall be
deemed to be the agent of the other in any way.
User acknowledges that DV provides services with reasonable diligence and care.
It endeavors its best to ensure that User does not face any inconvenience. However,
at some times, the information, software, products, and services included in or
available through the DV websites or other sales channels and ad materials may include
inaccuracies or typographical errors which will be immediately corrected as soon
as DV notices them. Changes are/may be periodically made/added to the information
provided such. DV may make improvements and/or changes in the DV websites at any
time without any notice to the User. Any advice received except through an authorized
representative of DV via the DV websites should not be relied upon for any decisions.
DV reserves the right to change the terms, conditions, and notices under which the
DV websites are offered, including but not limited to the charges. The User is responsible
for regularly reviewing these terms and conditions.
DV hereby expressly disclaims any implied warranties imputed by the laws of any
jurisdiction or country other than those where it is operating its offices. DV considers
itself and intends to be subject to the jurisdiction only of the courts of Chennai,
India. This agreement shall be governed by the Laws of India without regard to any
conflict of law principles. Any failure on the part of DV to exercise or enforce
any right or provision of this Agreement shall not constitute waiver of such right
Any and all disputes arising out of or in connection with this Agreement shall be
settled by Arbitration in accordance with the provisions of the Indian Arbitration
Act, currently called the Arbitration and Conciliation Act, 1996 or any statutory
amendments thereto. The Arbitral Tribunal shall consist of a Sole Arbitrator to
be appointed by the Company. Where the provision for arbitration is invoked by the
User, all expenses for such arbitration shall be borne by the User till the passing
of the award by the Arbitrator. The Arbitrator shall determine the liability of
the Company to pay costs for such arbitration based on the nature of the claim raised
by the User (whether such claims are frivolous or otherwise), amount claimed, amount
awarded and such other circumstances as the Arbitrator may consider reasonable.
Where the provision for arbitration is invoked by the Company, the costs of the
arbitration proceedings shall be borne equally by the Parties, subject to determination
by the Arbitrator and recorded in the award. The venue of such arbitration shall
be Chennai (City), Tamil Nadu (State), India (Country). The Agreement shall be governed
by the Laws of India. The procedure shall be governed by the provisions of the Arbitration
and Conciliation Act, 1996.
The User expressly agrees that use of the services is at their sole risk. To the
extent DV acts only as a gateway on behalf of the verifier or downloader, it shall
not have any liability whatsoever for any aspect of the standards of services provided
by the verifier or downloader. In no circumstances shall DV be liable for the services
provided by the verifier or downloader. The services are provided on an "as is"
and "as available" basis. DV may change the features or functionality of the services
at any time, in their sole discretion, without notice. DV expressly disclaims all
warranties of any kind, whether express or implied, including, but not limited to
the implied warranties of merchantability, fitness for a particular purpose and
non-infringement. No advice or information, whether oral or written, which the User
obtains from DV or through the services shall create any warranty not expressly
made herein or in the terms and conditions of the services. If the User does not
agree with any of the terms above, they are advised not to read the material on
any of the DV pages or otherwise use any of the contents, pages, information or
any other material provided by DV. The sole and exclusive remedy of the User in
case of disagreement, in whole or in part, of the user agreement, is to discontinue
using the services after notifying DV in writing.
Furthermore, you agree that you will not: