myapplications.io General Terms & Conditions
Last updated: 13 August 2021
The Terms and Conditions (T&Cs) of the website www.myapplications.io (“Myapplication” or the Website) applies to all the services provided by Dejitaru Technologies Pvt Ltd (“DEJITARU”, “we” or “us”) through the Myapplication website and all related to or connected intellectual property rights therein is owned and operated and managed by Dejitaru Technologies Pvt. Ltd and the entity or person (“you”, “your”, “ customer” or “user”) who access Myapplication website to receive services by us ( the Service/ Services). If you do not understand any of the terms explained here or have a question, please contact us at contact@myapplications.io. By using our Services, you are agreeing to all the Terms of Service, as may be updated by us from time to time and would be fully bound by them. Last update: July 2021.
IMPORTANT NOTES
All services described here are provided by Dejitaru Technologies Pvt. Ltd. (hereinafter DEJITARU) and related local subsidiaries and affiliates. Our corporate head office address is:
Dejitaru Technologies Pvt Ltd
7/69 St. Johns Road, C32-3F, Shobha Apartments,
Bangalore, Karnataka, India 560042
By purchasing any of our Services, you hereby accept and confirm that, you have read, understood and agreed to be bound by, without limitation or qualification, all of these terms and conditions and would not refute having agreed to the same later under any circumstances including but not restricted to claim refunds for any reason whatsoever.
Myapplication Services
For the purposes of this section, the "Services" include all services which are described and offered by us on our Website. These terms shall also apply to any new Services offered on our Website from time to time. Any service can be amended or discontinued without advance notice.
1. Registered Uploader means an entity, individual or person, competent to contract under the applicable Laws, that registers with the Website in the manner and in accordance with the procedure set out in the Website and subject to the terms and conditions governing the use of the Website, for the purpose of uploading content/documents in the Website in accordance with the terms and conditions governing the use of such service, whose content/documents are stored in the server space of the Website, for the purpose of digital attestation and/or verification by the Verifiers.
2. Registered Document Exchange Partners (or Digital Locker) shall mean and refer to the Organization, Institution, Agency, Individual or such other entity which shall be entitled to download from the Website, as per the terms and conditions contained on the Website, the verified/authenticated documents submitted by a Registered Uploader to such Registered Document Exchange Partners subject to the authorization and consent of such Uploader.
3. Verifier means an organization, institution, agency, individual, universities, government bodies, schools, colleges and such other persons that are entitled to issue content in the normal course of dispensation of its duties and responsibilities or in the course of its business and is willing to provide online authentication/verification services in connection with the various documents issued by it through the Websites.
4. Verifier Account means the account held by the Verifier with the Website comprising the Verifier ID and password created for the Verifier by DEJITARU to enable the Verifier to perform the authentication and verification in the Websites. By using the Verifier Account, the Verifier shall be entitled to access the Website to view the requisite contents/documents issued by the Verifier and uploaded by the Registered Uploaders for online verification/authentication of the same. The Verifier shall also be entitled to view all details of Valid Actions and the Verifier Account through the Verifier Account.
5. Registered Verifier shall be deemed to be a Registered Verifier on completion of the Registration formalities specified on creation of the Verifier Account as defined herein. The terms “Verifier” and “Registered Verifier” may be used interchangeably throughout this Agreement where the context permits such interchangeability.
6. Verifier Login Details means and includes the Verifier Account login, password, security information and other details which provide the Verifier access to the Verifier Account and Verifier Fee Account on the Website.
7. Registered Sub-Verifier shall mean and refer to the employee of the Registered Verifier, duly authorized by the Registered Verifier to access the Website and perform such acts as are necessary to perform the Services of the Verifier contemplated under this Agreement for and on behalf of the Verifier. Such Registered Sub-Verifier shall not be deemed to be a separate entity but shall, for all purposes of this Agreement be deemed to be the Registered Verifier and all terms and conditions specified herein shall apply to the Registered Sub-Verifier.
8. Verifier Fee Account mean and refer to the details of various transactions charged and summarized in the Verifier Account in accordance with the terms agreed between the parties.
9. Verification Request means a request made by a Registered Uploader, in the manner contemplated by the services provided on the Website which manner of request may be altered/amended by DEJITARU after giving due notice to the Verifier, for online verification and authentication of a specific content/document issued by the Verifier,uploaded by the Registered Uploader and submitted to the Verifier using the services provided by the Website.
10. Website mean and refer to the URL, (owned by and operated and maintained by DEJITARU) www.myapplications.io or such other name as may be decided from time to time and includes any and all elements, contents and the “Look and Feel” of the Website.
c. Responsibilities of the parties
1. Customer's Responsibilities
i. It is the responsibility of all customers to read and accept the terms and conditions of the Services offered before applying for it.
ii. You are responsible for the accuracy of the information that you provide and upload as Myapplication is in no way responsible for the correctness or details shown in your account or any direct/indirect or consequential damages or loss caused due to such information.
iii. It is your responsibility to ensure that the documents, information and additional actions (such as email, contact details if required and payment of fees) are accurate, truthful and done in time. 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 Myapplication immediately in writing of any unauthorized use of their password or account or any other breach of security. Myapplication will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his/her password or account, either with or without his/her knowledge. The User shall not use anyone else's password without having valid permission at any time.
iv. The User shall not, copy all or any portion of any Myapplication materials; decompile, disassemble or otherwise reverse engineer (except to the extent expressly permitted under the T&C)
2. Myapplication’s Responsibilities
i. Myapplication is responsible for
a. routing the document digitally after upload to the selected institute/ entity for document authentication by the User.
b. storage of the verified document in Customer’s Elocker.store or selected Digital Locker account after the completing the prescribed payment.
c. to provide the customer with the verification result after the entity/ institute has completed the digital document authentication request.
d. to provide the Customer an option to apply for digital services using the authenticated document with registered partners enlisted with Myapplication.
e. to provide an additional option to receive or send the authenticated document with unregistered parties through an email Id and such email id shall be provided by the Customer.
f. Myapplication 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 Customer at the time of booking; Myapplication may also contact the customer by voice call, SMS or email in case the customer couldn’t or hasn’t concluded Myapplication services, for any reason what so ever, to know the preference of the customer for concluding the services and also to help the customer for the same. The customer hereby unconditionally consents that such communications via SMS and/ or voice call by Myapplication is
(a) upon the request and authorization of the customer, (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 customer will indemnify Myapplication, DEJITARU against all types of losses and damages incurred by Myapplication DEJITARU 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 customer on Myapplication 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.
d. Prices and Payment
1. The pricing for each verification request will depend on the institution to which you are sending/ requesting the verification. The fees will be inclusive of the institutions fees and myapplications.io fees.
2. The fees for the Services (the “Services Fee” or " Verifier Fee ") are available in our Website and are calculated and payable in advance by you. The Services will be made available to you once your payment has been authorised. There will be no contract of any kind between you and us unless and until you make authorised payment for the Service. At any point up until then, we may decline to supply the Services to you without giving any reason.
3. You will receive a confirmation of your payment after you make payment of the Service Fee.
4. Service Fees are exclusive of taxes, but our Website shall state where any additional taxes are applicable and payable by you.
5. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.
e. Payment Processing, Cancellation and Refunds.
Under this agreement, the payment processing services for goods and/or services purchased on this website are provided by Dejitaru Technologies Pvt. Ltd. Any queries or claims relating to such payment shall be directed and addressed by DEJITARU.
Myapplication reserves the right to, charge transaction fees for using the services provided by Myapplication. Myapplication further reserves the right to alter any and all fees from time to time, without notice.
The Customer 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 or universities who are associated with Myapplication 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 between Myapplication and such agencies.
By using the services provided by the Website, the Customer hereby agrees that any payments made 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 Myapplication (hereinafter referred to as “Service Charges”). To complete the transaction, the Customer will be directed to such specific Third-Party entity whose services are being utilized by Myapplication to facilitate the proposed transaction of the User in such proportion and in such manner as may be agreed between such Third Party and Myapplication.
The User further agrees that Myapplication do not have any control over any portion of the Services to be provided by such Third Parties and consequently Myapplication does not have any control over any payments transferred to such Third Party pursuant to the agreement between such third party entities and Myapplication. 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 that Myapplication shall not be liable to refund any payments made by the User towards TPP unless the same is refunded to Myapplication 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, Myapplication 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 the User shall be suitably extended in the event of Myapplication being unable to process such payment for reasons beyond the control of Myapplication. The User shall not be entitled to any interest or compensation on account of any delay in refund of such payments by Myapplication.
In case, there is a short charging by Myapplication for, 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 Myapplication by the User and the User shall make such payment within seven days of receipt of any such demand from Myapplication.
In the rare possibilities of the verification not getting confirmed for any reason whatsoever, Myapplication will process the refund as per the terms and conditions of the Verifier and intimate you of the same. Myapplication 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.
Myapplication 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 such unconfirmed verification.
If the Customer is not satisfied for any reason with the Services, the Customer may request a refund within 30 days provided the electronic document verification or submission process has not been completed subject to the terms and conditions of the Verifier. Refunds will be processed within 15 days once the refund process has been initiated. The completed electronic document verification or submissions are non-refundable.
The Customer agrees that in situations due to any technical or other failure in Myapplication, services committed earlier may not be provided or may involve substantial modification. In such cases, Myapplication shall refund the entire amount received from the Customer for availing such services, which shall completely discharge any and all liabilities of Myapplication against such non-provision of services or deficiencies.
If you’ve done all of this and you still have not received your refund yet, please contact us at contact@myapplications.io
f. Changes of the Procedures
The services provided by Myapplication and its availability may change from time to time. Myapplication will post information about any changes on its website. Myapplication is continually seeking to improve the Services. We reserve the right, at our sole discretion, to make changes to any part of the Services as described on our Website, as may be required or found necessary in the best interest of the provision of Services.
g. No Commercial Use
The Services are intended for and shall only be available for non-commercial and domestic use by individual customers. You may not re-sell the Services without the prior written consent of Myapplication.
h. Limitation of Liability
Myapplication shall have no liability (including in contract or for negligence) to any customer directly or indirectly, or any other person relying on or benefiting from any service for: any loss of profit, revenue, contract, business, profession, or other occupation; for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever. This exclusion of liability includes but is not limited to where the loss is caused by delay, misplacement, loss or damage of documents.
Myapplication’ s liability to you under these terms for any losses relating to or arising in connection with Services provided to you under these terms and whether based on an action or claim in contract, negligence, tort, misrepresentation (other than fraudulent misrepresentation) breach of statutory duty or otherwise shall be limited to a maximum amount equal to the Service Fees paid by you in connection with the Services to which such claim relates and would not in any circumstances include direct/indirect or consequential or related damages under any circumstances whatsoever and howsoever caused.
And for the avoidance of doubt:
1. No Liability for Incorrect Information
The Customer agrees that Myapplication provides a platform for the Issuer, Verifier and the Registered Document Exchange Partners for ease of uploading and downloading authenticated and verified documents for the user. The documents downloaded by the Customer using the Digital Locker Service providers or using Elocker.store with “Issuer Seen Verified” mark are the authentic documents issued, verified and uploaded by the Issuer or its authorized representatives/ Verifier and no further authentication is required from the Issuer or Verifier. The Customer acknowledges and agrees that in case of any queries or issues or claims related to or arising out of the use of the digitally certified documents, shall be raised on the Issuer or Verifier and no claims shall be raised on Myapplication or its affiliates or its representatives for the same.
Myapplication is not responsible under any circumstances for loss, delays or non-issuance of any document arising from or in connection with (to include but not restricted to) incomplete, inaccurate. incorrectly or falsely completed documentation or the Uploader, Registered Document Exchange Partners or Verifier incorrect understanding of the requirements or documents to be submitted/ downloaded or subsequent responses provided to request for further information /documentation
2. No Liability for Events Outside of Our Control (Force Majeure)
The Customer agrees that there can be exceptional circumstances where Myapplication or the Verifiers or Registered Document Exchange Partners or concerns may be unable to honour the service requested due to various reasons beyond the control of Myapplication or such Verifiers or Registered Document Exchange Partners like climatic conditions, labor unrest, business exigencies, government decisions, operational and technical issues etc. If Myapplication is informed by Verifier or by any other sources, in advance of such situations where disturbances of requested services may happen, it will make reasonable commercial efforts to provide similar alternatives. The User agrees that Myapplication being a platform 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.
Myapplication shall not be considered to be in breach of contract or negligent or otherwise liable in any way whatsoever for any delay or failure of any loss, damage or delay to any documents due to accident, theft, natural calamities (act of God), pandemics/ epidemics /government directives or orders (like Lockdown) or any other reason outside the control of and not arising out of a wilful default of Myapplication or for the loss or damage to any document .
3. No Liability for Wasted Costs and Expenses
Myapplication shall have no liability under any circumstances to any customer, or any other person relying on or benefiting from any document verification, for any commitment, cost or expenditure incurred in reliance on or anticipation of receiving the document, whether within a particular timescale or at all and any other arrangements made.
To the maximum extent as permitted by applicable law, Myapplication shall not be liable for any direct/indirect, incidental, consequential, special, punitive damages or any losses on account of loss of business, profits, employment and other opportunities, business meetings, conferences and convention participation, whether incurred directly or indirectly or loss of goodwill, business or social or religious opportunities resulting from your use of or access to Myapplication ‘s websites and facilities and services, the conduct of any Myapplication or third party supplier including without limitation indirect and consequential damages/losses incurred. These limitations shall apply to all and any kind of liability, whether based on an expressed or implied level of delivery of service and whether based on contract, statute, tort including negligence or otherwise, and even if a remedy set forth herein is found to have failed of its essential purpose.
i. Jurisdiction and applicable law
Nothing in these terms and conditions shall benefit or be enforceable by any person other than the customer himself/herself.
These terms and conditions, any services and any disputes or claims whatsoever relating to them shall be governed and construed in accordance with the laws of India.
j. Changes in the Terms and Conditions
You hereby accept and confirm that you have read, understood and agreed to be bound by, without limitation or qualification, all of the terms, conditions and details provided herein. Myapplication, in its sole discretion, may change, amend, cancel or withdraw any or all the terms and conditions mentioned herein at any time without any prior notice. No employee of Myapplication has any authority whatsoever to change/amend /amplify or withdraw any or all the terms and conditions mentioned herein without the prior written approval of Myapplication.
k. Questions& Feedback
In case of any queries, you can contact Myapplication at contact@myapplications.io
Website Use
This section governs your use of this Myapplication’s website (the "Website") and your relationship with Myapplication and any of its subsidiaries, affiliates or related parties (the "Company", "we" or "us"). Please read them carefully as they affect your rights and liabilities under the law when using our website. If you do not agree to these Terms and Conditions, please do not register for services with us or use the Website.
a. Use of the Website
The Website is provided to you for your personal use subject to these Terms and Conditions. By using the Website, you agree to be bound by these Terms and Conditions.
The Customer 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, Myapplication will make its reasonable commercial endeavours to ensure that the content on its websites or other information channels are free of any virus or such other malwares.
b. Amendments
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any changes will be notified to you via the e-mail address provided by you on registration (if applicable) or via a suitable announcement on the Website. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.
c. Registration
You must ensure that any details provided by you for any reason arising in connection with your use of the Website or at any other time are correct and complete.
You must inform us immediately of any changes to the information that you provide in connection with your use of the Website by updating your personal details in order that we can communicate with you effectively.
d. Intellectual Property
The content of the Website is protected by copyright, trademarks, database right and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non- commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from the Company.
e. Your use of the Website
1. You may not use the Website for any of the following purposes:
i. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws.
ii. transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice.
iii. interfering with any other person's use or enjoyment of the Website; or
iv. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
2. You agree that, in using the Website, you shall not:
i. transfer files that contain viruses, trojans or other similar or harmful programs; or
ii. seek to bypass or interfere with any security features of the Website, or interfere with any of the Company's servers, networks or other property.
3. Without prejudice to the other remedies available to Myapplication under this T&Cs or under applicable law, Myapplication may limit the Customer’s activity, or end the customer 's listing, warn other users of the customer's actions, immediately temporarily/indefinitely suspend or terminate the customer's registration, and/or refuse to provide the user with access to the website if:
i. The customer is in breach of this agreement and/or the documents it incorporates by reference.
; or
ii. Myapplication believes that the user's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or Myapplication.
Myapplication may at any time in its sole discretion reinstate suspended users. Once Myapplication or use the website in any manner whatsoever until such time that the customer is reinstated by Myapplication.
Notwithstanding the foregoing, if the customer breaches this agreement or the documents it incorporates by reference, Myapplication reserves the right to recover any amounts due and owing by the customer to Myapplication and/or the service provider and to take strict legal action as Myapplication deems necessary.
You will be responsible for our losses and costs resulting from your breach of this clause.
f. Availability of the Website
Although we aim to offer you the best service possible, we make no promise that the services at the Website will meet your requirements. We cannot guarantee that the service will be fault-free. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
g. Myapplication ‘s right to suspend or cancel your access
We may suspend or cancel your access to the Website immediately at our sole discretion or if you breach any of your obligations under these Terms and Conditions.
h. Myapplication’s liability
1. The Website provides content from other Internet sites or resources and while Myapplication tries to ensure that material included on the Website is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If Myapplication is informed of any inaccuracies in the material on the site we will attempt to correct the inaccuracies as soon as we reasonably can.
2. If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
3. Liability for a breach of the Services Terms & Conditions is expressly subject to the limitations on liability set out thereunder.
i. Third Party Websites
Myapplication website may contain links to third party sites promoting various products and/or services that Myapplication does not own or operate. These links to websites are in nature of paid advertising and are not verified by Myapplication.
These links are provided for convenient access. Access to these links is voluntary and does not indicate that Myapplication endorses it or is associated with any of these other third-party websites. You are requested to use these links at your own discretion, risk and cost when dealing with these websites and neither Myapplication nor its officers, employees, agents shall have any responsibility or liability of any nature whatsoever for these other third-party websites/links or any other information contained in them.
These linked websites/links have their own separate and independent privacy statements, notices and terms of use, which are recommended to carefully review the same. Myapplication does not have any control over such third-party websites/links, and therefore shall have no liability or responsibility of any nature whatsoever for their personal information practices.
j. Advertising and Sponsorship
Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
k. International Use
We make no promise that materials on the Website are appropriate or available for use in locations outside your country and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside your country, you do so on your own initiative and are responsible for compliance with local laws.
l. Miscellaneous
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. .You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
If any provision of this T&Cs are 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 T&Cs 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 customer contained herein or any other section or pages of Myapplication 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 Myapplication website, then these terms shall prevail.
Myapplication shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.