Effective Date: 13-08-2024
Welcome to Best Digital Hawker (“we,” “our,” “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website Best Digital Hawker (“Website”) and the services we provide (“Services”). By accessing or using our Website and Services, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Website or Services.
1. Terms and Conditions General Terms
1.1 Company Information
Best Digital Hawker
G-7, Liberty Colony,
Sarvoday Nagar, Lucknow – 226016
Email: contact@bestdigitalhawker.tech
1.2 Eligibility
You must be at least 18 years old to use our Website and Services. By using our Website, you represent that you are of legal age and have the authority to enter into a binding contract.
1.3 Terms and Conditions Modifications
We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting on our Website. It is your responsibility to review these Terms periodically. Your continued use of our Website or Services following the posting of changes constitutes your acceptance of those changes.
2. Services
2.1 Description of Services
We provide digital marketing services, including but not limited to search engine optimization (SEO), pay-per-click (PPC) advertising, social media marketing, content creation, and web development.
2.2 Service Availability
We strive to ensure that our Services are available 24/7; however, we do not guarantee uninterrupted or error-free service. We reserve the right to suspend or discontinue any part of our Services at any time without notice or liability.
2.3 Service Agreements
Specific terms and conditions related to our Services may be outlined in individual service agreements or contracts. These agreements shall take precedence over these general Terms in case of any conflict.
3. User Responsibilities
3.1 Account Information
If you create an account on our Website, you are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to notify us immediately of any unauthorized use of your account.
3.2 Terms and Conditions For Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Using the Website or Services for any unlawful purpose or in violation of any applicable laws or regulations.
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Uploading, posting, or transmitting any material that infringes upon the rights of others, including intellectual property rights.
- Engaging in any conduct that could damage, disable, or impair the functionality of our Website or Services.
- Attempting to gain unauthorized access to any part of our Website, including other users’ accounts, or our servers.
3.3 Content Submission
If you submit any content to our Website, including comments, reviews, or other material, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, publish, and distribute such content. You represent and warrant that you have the necessary rights to grant this license and that the content is accurate and not misleading.
4. Fees and Payments
4.1 Terms and Conditions For Pricing
All prices for our Services are listed on our Website or will be provided to you in a separate quote or contract. We reserve the right to change our prices at any time without notice. The prices are exclusive of any applicable taxes, which shall be your responsibility.
4.2 Payment Terms
Payment for our Services must be made according to the terms specified in the applicable service agreement or invoice. Failure to make timely payment may result in suspension or termination of your access to our Services.
4.3 Terms and Conditions For Refunds
Refunds, if applicable, will be handled according to the terms specified in the individual service agreements. Refunds may be subject to our discretion and any applicable laws.
5. Intellectual Property
5.1 Ownership
All content, trademarks, logos, and other intellectual property on our Website are the property of Best Digital Hawker or our licensors. You are granted a limited, non-exclusive, non-transferable license to access and use our Website and Services for personal, non-commercial purposes. This license does not grant you any ownership rights in the intellectual property.
5.2 Restrictions
You may not copy, reproduce, distribute, or create derivative works from any part of our Website or Services without our prior written consent. Any unauthorized use of our intellectual property may result in legal action.
6. Disclaimers and Limitation of Liability
6.1 No Warranties
Our Website and Services are provided “as is” and “as available,” without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.2 Limitation of Liability
To the fullest extent permitted by law, Best Digital Hawker shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with your use of our Website or Services, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising out of or relating to these Terms or your use of our Website or Services shall not exceed the amount paid by you, if any, for accessing our Website or Services.
7. Indemnification
You agree to indemnify, defend, and hold harmless Best Digital Hakwer, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of our Website or Services, your violation of these Terms, or your infringement of any rights of another.
8. Termination
8.1 Termination by You
You may terminate your account or cease using our Website and Services at any time.
8.2 Termination by Us
We reserve the right to terminate or suspend your access to our Website or Services, with or without notice, for any reason, including but not limited to your violation of these Terms.
8.3 Effect of Termination
Upon termination, your right to use our Website and Services will immediately cease. Any provisions of these Terms that by their nature should survive termination shall remain in effect.
9. Governing Law and Dispute Resolution
9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
9.2 Dispute Resolution
Any disputes arising out of or relating to these Terms or your use of our Website or Services shall be resolved through good faith negotiations. If the parties are unable to resolve the dispute amicably, it shall be submitted to binding arbitration in Noida, India, in accordance with the rules of the Arbitration and Conciliation Act, 1996. The decision of the arbitrator shall be final and binding on the parties.
10. Miscellaneous
10.1 Entire Agreement
These Terms constitute the entire agreement between you and Best Digital Hawker with respect to your use of our Website and Services and supersede any prior agreements or understandings, whether written or oral.
10.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.3 Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision, and the failure of Best Digital Hawker to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
10.4 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.
10.5 Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, strikes, government regulations, or interruptions in internet or telecommunications services.
10.6 Contact Information
If you have any questions, concerns, or feedback regarding these Terms or our Website and Services, please contact us at:
Best Digital Hawker
G-7, Liberty Colony,
Sarvoday Nagar, Lucknow – 226016
Email: contact@bestdigitalhawker.tech
10.7 Headings
The headings in these Terms are for convenience only and do not affect the interpretation of any provisions.
10.8 Language
These Terms have been drafted in English. If these Terms are translated into another language and there is a discrepancy between the English version and the translation, the English version shall prevail.
By using our Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Thank you for choosing Best Digital Hawker.