Welcome to Diksha Online! Please read these Terms of Service ("TOS") carefully before using our Website or Services. "Service" or "Services" means the services or websites provided by Diksha Online Software Private Limited (Herein referred to as "Diksha Online" or "our" or "company" or "we" or "us"), a company registered under the provision of the Companies Act, 1956 and having its registered office at L 1/3, First Floor, S.K. Puri, Boring Road Patna 800001. Diksha Online is the Legal owner of domain dikshaonline.com and all the Services provided by Diksha Online. By using this website or any Services provided by us, you are agreeing to the terms and conditions of our TOS. If you do not agree, please do not use our Service. These Terms may be updated by us from time to time without any notice to you and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this TOS as last revised. If you do not agree to be bound by this TOS as last revised, do not continue to use this Site or the Services. Subject to compliance with these Terms of Service, Diksha Online grants you a non-exclusive, limited privilege to access and use this Website and the Services provided there in. You understand that using our Services does not give you any exclusive rights or ownership of any intellectual property rights in our Services or the content you access. The usage of the Service is limited under all the terms and conditions herewith published. All terms under this TOS will be considered as written and have been duly signed once the same is electronically confirmed by using or accessing any Service by you. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this TOS, has access to your account or uses the Services. Nothing in this TOS shall be deemed to confer any third-party rights or benefits. In addition, when you are using third party services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. You agree to use the Service at your own risk. Violation of any of the terms below will result in the termination of your Account with Diksha Online. Diksha Online reserves the right to refuse access to use the Services offered by Diksha Online to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
In consideration of your use of the Service, you agree to following terms:ACCOUNT TERMS
1) You must be a human. Accounts registered by "bots" or other automated methods are not permitted. 2) You must represent a school in order to qualify for the use of our school-erp.net Services. 3) You must provide true, accurate, current and complete information about yourself in order to complete the signup process in order to use the Service. 4) Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like. 5) You are responsible for maintaining the security of your account and password. Diksha Online cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. 6) You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account). 7) You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).PAYMENT TERMS
1) The Services are billed in advance on yearly basis. There will be no refunds or credits for partial months of Service or refunds for months unused with an open account. 2) All invoices are payable in full on or before due date of the invoice. 3) If we do not receive payment by the due date, the system will automatically lock-out your account. Users under the locked account will not be able to log-in until the outstanding payment is received in full. If the full outstanding payment is not received within 15 days after the due date, then your account and all data contained within will be deleted. 4) All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. 5) Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Diksha Online does not accept any liability for such loss. 6) All Cheque/DD/Bank Transfers are to be made in favor of Diksha Online Software Private Limited payable at Patna (Bihar)CANCELLATION AND TERMINATION
1) You are solely responsible for properly cancelling your account, which can be done via email or a written request to Diksha Online to cancel the Service Account. 2) All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled. 3) If you cancel the Service before the end of your current paid up year, your cancellation will take effect immediately and you will not be charged again for the next coming year. 4) You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as a result of your account or Service cancellation. 5) If at any time you breach the terms of the Service, we may elect to suspend, terminate and/or cancel this agreement and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. Diksha Online, in its sole discretion, reserve the right to suspend your Service at any stage for any reason we may deem necessary to continue to provide any of our Services in a way that may be hindered by your status as being our client/user or other valid reasons to do so.SERVICE SUBSCRIPTION RENEWALS
1) Renewal of Service is done on yearly basis and it is the sole responsibility of the client to renew the Service before expiry. 2) Once the Service subscription is expired all the data and back up will be deleted from our server and user cannot claim any right for the same.MODIFICATIONS TO THE SERVICE
Diksha Online reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.MODIFICATIONS TO THE PRICES
1) Prices of all Services and current charges are subject to change from time to time upon prior notice. Such notice may be provided by email or by posting the changes to our site and user will automatically charged new price in next billing cycle. 2) Diksha Online shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.PERMISSION AND COPYRIGHT
The Client will have to obtain all the necessary permissions and authorities in respect to the use of all copy, graphic images, registered company logos, names and trademarks or any other supplied material. This agreement shall be regarded as a guarantee by the Client to Diksha Online that all such permissions and authorities have been obtained. Diksha Online cannot be held liable for any information, copy, or images that have not been secured legally and that may result in copyright infringement. COPYRIGHT AND CONTENT OWNERSHIP
1) We claim no intellectual property rights over the material you provide to us. Your profile and materials uploaded remain yours. 2) Diksha Online does not pre-screen content, but we and our designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. 3) The design and technology of the Service is copyright of Diksha Online. All rights reserved. You may not duplicate copy, distributed, modified, reuse or re-licensed any portion of the Service or visual design elements without express written permission from Diksha Online.DESIGN CREDIT
A link to Diksha Online as the site creator will appear in small print at the bottom of each page of the website designed by Diksha Online.PUBLICITY
1) The customer irrevocably authorizes Diksha Online to include the customer's name, customer's brand name and logo in any directory or promotional materials. 2) The customer hereby agrees, undertakes and covenants to prominently display and maintain the promotional material of Diksha Online as supplied by the Diksha Online from time to time.DEALING WITH THIRD PARTIES
You understand that Diksha Online uses third party vendors, hosting partners and Internet Payment Gateway services to provide the necessary hardware, software, storage, online payment services enabling receipt of payment through a credit/debit card or other methods on internet and other technology required to run the Service. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third parties, as the result of the presence of such third parties on the Service, or as the result of the use of the Service in any way by such third parties.SMS UNDERTAKING
1) You declare that you are aware of and well conversant with the "Telecom Commercial Communications Customer Preference Regulations 2010" issued by the Telecom Regulatory Authority of India with respect to Unsolicited Commercial Communication ("UCC Regulations")
2) You also declare that you are fully aware of & well conversant with the implications for the violations of the UCC Regulations including the penal and financial related actions, and take complete responsibility for any NDNC complaint received from your Opt-In user base leaving Diksha Online, its directors, officers and employees harmless. For avoidance of doubt, you understand that the penalty schedule for breach of the UCC regulation is up to Rs.2,50,000 INR
3) That you undertake to abide by the said UCC Regulations by making yourself liable for any breach of the UCC Regulations by you and/or any person acting on behalf of you for any punitive action for violation of the said UCC Regulations.
4) The messages intend to be send should be "Clean, Harmless and Transactional" in nature and sent only to your Opt-in list of subscribers. You agree to provide us with authorized documents regarding the Opt-In details in case of NDNC complaint arises within the stipulated time frame not exceeding 2 working days.
5) You undertake to indemnify and always keep indemnified Diksha Online Software Private Limited, its directors, officers and employees for any loss or damage suffered by them on account of any breach or violation of the UCC Regulations by you and/or any person acting on behalf of you.
6) In any case if you fail to reach to the removal of the complaint within 2 working days, you will compensate for any financial loss which Diksha Online Software Private Limited may have incurred.LIABILITY
You expressly understand and agree that Diksha Online Software Private Limited shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Diksha Online has been advised for the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party involved in the Service or any other matter relating to the Service. (v) loss arising out of use of our third party vendors, hosting partners and Internet Payment Gateway service providers. (vi) In any case Diksha Online and its suppliers, distributors, executives and directors for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).IMPOSSIBILITY OF PERFORMANCE
Diksha Online Software Private Limited cannot guarantee the absence of Service due to interruptions caused by circumstances beyond its control including but not limited to telecommunications problems, server down time, vandalism, hacking, theft, phone Service disruptions, Internet disruptions, loss of data, extreme or severe weather conditions or any other causes in the nature of "ACTS OF GOD" or force majeure.AVAILABILITY OF WEBSITE/SERVICES
We shall use commercially reasonable efforts to attempt to provide this site and the Services on twenty-four hours a day, seven days a week basis. You acknowledge and agree that from time to time this Site and Service may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.FREE PRODUCT/SERVICE CREDITS
In the event you are provided with a free product or service credit ("Credit") with the purchase of another product or service ("Purchased Service"), you acknowledge and agree that such Credit is only valid for one year and is only available with a valid purchase and may be terminated in the event the product purchases is deleted, cancelled, transferred or not renewed. The Credit will expire one (1) year from date of purchase of the Purchased Service if the Credit has not been redeemed. In the event that the Credit is redeemed, after the initial free one year period, the free product will automatically renew at the then current renewal price until cancelled.LINKS TO OTHER WEBSITE
Our website may contain links to other Internet websites. These hyper links, if any, are at user’s own risk. The contents of these sites are not verified or endorsed by Diksha Online in any way. Diksha Online makes no warranty or representation that the contents of such websites are error-free and correct. However, once you have used these links to leave our site, you should note that we do not have any control over that website. Therefore, we cannot be held responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to that website.GENERAL TERMS
1) Your use of Service is at your sole risk. The Service is provided on "as available" basis. 2) Support is only provided to paying account holders and is only available via email. 3) You understand that Diksha Online uses the services of third party vendors, hosting partners, SMS Providers and Internet Payment Gateway service providers to provide the necessary hardware, software, storage, SMS and online payment processing services enabling receipt of payment through a credit/debit card or other methods on internet and other technology required to run the Service. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third parties, as the result of the presence of such third parties on the Service, or as the result of the use of the Service in any way by such third parties. 4) You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 5) You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. 6) You must not transmit any worms or viruses or any code of a destructive nature. 7) If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Diksha Online), we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. 8) Diksha Online does not warrant that (I) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected. 9) You undertake not to use the Service in any manner, or in furtherance of any activity, which constitutes a violation of any law or regulation or which may result in fraud on any person or which may cause Diksha Online to be subject to investigation, prosecution or legal action. 10) The Terms of Service may be updated by us from time to time without any notice to you. You can review the most current version of the TOS at any time at: www.dikshaonline.com/terms-of-service.aspx
1) Refund will be made within 7 days of first signing up subject to client was able to perform the operation as stated with demo version but the functionality was not there in the final version. In such case we will provide you with a full refund excluding one month’s subscription cost along with Domain charges and any other setup fees that were charged when you signed up. 2) If you cancel your account after the first 7 days have passed, or after your account is renewed then unfortunately we will not be able to issue any refunds. 3) The Service is billed in advance on yearly basis. There will be no refunds or credits for partial months of Service or refunds for months unused with an open account/Service. 4) Termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. 5) Diksha Online reserves the right to refuse refund and Service to anyone for any reason at any time.
The information contained in this website is for general information purposes only. Though we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk and the Service is provided on "as available" basis. Our website may contain links to other Internet websites. These hyper links, if any, are at user’s own risk. The contents of these sites are not verified or endorsed by Diksha Online in any way. Diksha Online makes no warranty or representation that the contents of such websites are error-free and correct. However, once you have used such links to leave our site, you should note that we do not have any control over that website. Therefore, we cannot be held responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to that website. Every effort is made to keep the website up and running smoothly. However, Diksha Online does not warrant that (I) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected. We do not guarantee the absence of Service due to interruptions caused by circumstances beyond our control including but not limited to telecommunications problems, server down time, vandalism, , equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, hacking, theft, phone service disruptions, Internet disruptions, loss of data, extreme or severe weather conditions or any other causes in the nature of "ACTS OF GOD" or force majeure.