Terms and Conditions
Delphinesse & Co. reserves the right in its sole discretion to alter, add, delete or modify any provision of this Agreement at any time with or without prior notice. User agree and acknowledge that it is their responsibility to review this Agreement periodically to keep themselves aware of any modifications. User’s continued use of this Site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. If User does not agree to any modifications, User should discontinue availing the Services immediately (other than those which have already been availed by them prior to such modifications).
Delphinesse & Co. through the Site helps in getting various services to be delivered including but not limited to legal, tax, assurance, accounting and legal compliance services through a certain set of professionals selected by them (“Services”). User agree and acknowledge that, Delphinesse & Co. while providing the Services acts merely as a facilitator to the User for delivery of the services requested for, by helping the appropriate professional who shall deliver such requested services be connected with the User and then further supporting in project management to ensure seamless experience of the User.
Delphinesse & Co. disclaims at all point in time to be offering any legal, accounting or compliance service on its own and being made liable for it. Delphinesse & Co. makes no guarantee as to the continuous availability of the Service or any specific feature of the Services. Delphinesse & Co. reserves the right to discontinue and/or change the Service or any of its features at any time with or without notice to the User.
The counsel section in the website is strictly for educational purposes. Any answer provided by Delphinesse & Co. admins or any professional from Delphinesse & Co. do not constitute Legal advice unless explicitly declared so. All the answers in the counsel section are based on the information provided by the users and without any documentary evidence. As such Users are advised to consult a qualified lawyer if they need specialized assistance on any of the matters mentioned in their queries which they may ask Delphinesse & Co. specifically for. Users agree that any query by them to counsel section can be used by Delphinesse & Co. to be published in their website and they may also use the same for any other of their requirements such as and not limited to marketing in social media, marketing collaterals etc. as they seem fit and Users have no objections for the same whatsoever.
Responsible Use and Conduct
a) The User can avail the Services provided by Delphinesse & Co. after completion of the required registration process contemplated under the Site. As part of the registration process, the User may be required to provide certain information about her/him (including but not limited to, email, phone number, contact details, etc.). The User herein agrees and undertakes that any such information provided by him/her will always be accurate and correct and any and all changes to such information will be promptly updated on the Site by the User through his/her account;
b) The User agrees and undertakes to be responsible for maintaining the confidentiality of any login information (e.g. Username and password) associated with any account it uses to avail the Services. Accordingly, User agrees to be responsible for all activities that occur under his/her account;
c) The User agrees and undertakes that he/she and all those individuals he/she authorizes, are the only individuals/entities that are authorized to access the Services through its account. The User agrees to ensure that all authorized users on its behalf will comply with this Agreement;
d) The User agree and undertake that he/she will not use the Services or permit others to use the Services through his/her account in any way that violates any law or regulation or subjects Delphinesse & Co. to liability of any means;
e) In consideration of the use of the applicable Services as an individual, User certifies herein to be least eighteen (18) years of age;
f) Availing (or attempting to avail) any of Delphinesse & Co. Services by any means other than through the means provided on the Site, is strictly prohibited. User specifically agrees not to avail (or attempt to avail) any of Delphinesse & Co. Services through any automated, unethical or unconventional means;
g) Engaging in any activity that disrupts or interferes with Delphinesse & Co. Services, including the servers and/or networks to which Delphinesse & Co. resources are located or connected is strictly prohibited;
h) Attempting to copy, duplicate, reproduce, sell, trade, or resell Delphinesse & Co. resources and Services without the prior written consent of Delphinesse & Co. is strictly prohibited;
i) The User agrees and undertakes to be solely responsible for any consequences, losses, or damages that Delphinesse & Co. may directly or indirectly incur or suffer due to any unauthorized activities conducted by User, as explained above, and may incur criminal or civil liability.
j) Delphinesse & Co. may provide various open communication tools on its Site, such as guest blogs, comments, public chat, legal opinions/advice in relation to queries raised in the Counsel section etc. The User herein agree and understand that, generally Delphinesse & Co. does not pre-screen or monitor the content posted by Users of these various communication tools, which means that if User chooses to use these tools to submit any type of content to Delphinesse & Co. Site, then it is User personal responsibility to use these tools in a responsible and ethical manner as any reasonable person would do. By posting information or otherwise using any open communication tools as mentioned, User agree that he/she will not upload, post, share, or otherwise distribute any content that:
i)Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii) Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii) Contains any type of unauthorized or unsolicited advertising;
iv) Impersonates any person or entity, including any Delphinesse & Co. employees or representatives User understand and agree that, Delphinesse & Co. has the right in its sole discretion to remove any content that, it feels in its judgment does not comply with this Agreement, along with any content that Delphinesse & Co. feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. Delphinesse & Co. is not responsible for any delay or failure in removing such content. If User posts content that Delphinesse & Co. chooses to remove, User hereby consents to such removal, and consent to waive any claim against Delphinesse & Co.;
By using Delphinesse & Co. Site, the User understands and agrees that all Services provided through the Site are “as is” and “as available”. This means that Delphinesse & Co. does not represent and/or warrant to the User and/or takes any responsibility including but not limited to for any advice, opinion and/or the services/deliverables provided/delivered or not delivered to the User by the professionals hired by Delphinesse & Co. to deliver the Services and including but not limited to for any such opinions/ advice and/or write ups posted on the Site. User understands and agrees that, Delphinesse & Co. merely acts as a platform which enables connection/collaboration between the User and the professionals, who are hired by Delphinesse & Co. to deliver the desired Services.
LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, the User expressly understand and agree that any claim against Delphinesse & Co. shall be limited to the amount User has paid, if any, for use of products and/or Services under the specific order under which the claim arises, irrespective of the nature of the claim which results in such liability and whether based on contract or tort or any other theory of law.
User agree and undertake not to hold Delphinesse & Co. and its partners, officers, managers, employees, agents, and licensors, liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by User as a result of User use or inability to use the Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
COPYRIGHTS / TRADEMARKS
All content and materials available on www.Delphinesse & Co..com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Delphinesse & Co., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on the Site is strictly prohibited, unless specifically authorized by Delphinesse & Co..
The User agree to grant to Delphinesse & Co. Limited, a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) User submits to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to www.Delphinesse & Co..com by all means and in any media now known or hereafter developed.
Use of the Site
The User understands that, except for information, products or services clearly identified as being supplied by www.Delphinesse & Co..com. www.Delphinesse & Co..com does not operate, control or endorse any information, products or services on the internet in any way. Except for www.Delphinesse & Co..com identified information, products or services, all information, products and services offered through the Site or on the internet generally are offered by third parties that are not affiliated with www.Delphinesse & Co..com. The User also understands that Delphinesse & Co. cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
The User agree and undertake to be responsible for implementing sufficient procedures and checkpoints to satisfy its particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. The User agrees to assume total responsibility and risk for its use of the Site and the internet.
User herein agrees to indemnify and hold harmless Delphinesse & Co. and its partners, officers, managers, employees, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or the failure to fulfill any obligations relating to the User account incurred by User or any other person using the account of User. Delphinesse & Co. herein reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under this Agreement. In such event, User agree and undertake to provide Delphinesse & Co. with such cooperation as is reasonably requested by them.
TERMINATION OF USE
The User agrees that Delphinesse & Co. may, at its sole discretion, suspend or terminate the User access to all or part of its Site and Services with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating the User relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, the User right to avail the Services provided by Delphinesse & Co. will immediately cease, and Delphinesse & Co. reserves the right to remove or delete any information that the User may have on file with Delphinesse & Co., including any account or login information User may terminate this Agreement by expressing its intent to Delphinesse & Co. through e-mail. The User termination will only be complete upon the User receipt of a confirmation from Delphinesse & Co. which will be sent to the User e-mail address. However, User will remain responsible for any transactions entered into by User by use and/or availing of the Services and for all obligations incurred by User until its termination subject to any terms surviving this Agreement.
TERMINATION OF USE GUARANTEE UNLESS OTHERWISE EXPRESSED, DELPHINESSE & CO. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
Both User and Delphinesse & Co. herein agree to keep all information (written or oral) disclosed/exchanged between them and/or the information disclosed with the professional hired by Delphinesse & Co. to deliver the desired Services as “Confidential”. It is agreed between the parties as mentioned aforesaid that: The Confidential Information to be disclosed can be described as and includes technical and business information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and/or illustrations, existing and/or contemplated products and services, research, opinions, and development, production, costs, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure. Delphinesse & Co. agrees to limit disclosure of Confidential Information within its own organization to its directors, officers, partners, members, employees and/or independent contractors (collectively referred to as “affiliates”) having a “need to know” basis. Delphinesse & Co. and affiliates will not disclose the confidential information obtained from the disclosure unless required to do so by law. User understand and agree that, the confidentiality obligations, imposes no restriction upon Delphinesse & Co. with respect to any Confidential Information (a) that was in Delphinesse & Co.
possession before receipt from the User; (b) is or becomes a matter of public knowledge through no fault of Delphinesse & Co.r; (c) is rightfully received by Delphinesse & Co. from a third party not owing a duty of confidentiality to User; (d) is disclosed without a duty of confidentiality to a third party by, or with the authorization of Delphinesse & Co.; (e) is public knowledge or the information is available in public domain; or (f) is independently derived by Delphinesse & Co. User agrees to be solely responsible for any consequences, losses, or damages that Delphinesse & Co. may directly or indirectly incur or suffer due to any unauthorized activities conducted by User, as explained above, and may incur criminal or civil liability.
Upon termination, all rights and obligations created by this Agreement will terminate, except that that User and Delphinesse & Co. will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning [Services], [Limitation of Warranties], [Limitation of Liability], [Copyrights/Trademarks], [Guarantee], [Indemnification], [Governing Law], [Use of the Site]. Delphinesse & Co. retains the right to enforce these provisions regardless of User account status.
Delphinesse & Co. shall not be liable to User for any loss, delays in or failure of performance under this Agreement if and to the extent caused by Force Majeure, which is defined to be occurrences beyond the control of Delphinesse & Co., including but not limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, terrorism, insurrection, pandemic, sabotage and non-cooperation of third parties.
USE OF USER NAME
User herein consents and agrees for Delphinesse & Co. to display/use their individual name and/or Company / Brand name or any testimonials written by Users for Delphinesse & Co. ; (a) during any of their presentations, seminars; and/ or (b) on their Site, marketing collaterals etc. solely for Delphinesse & Co. marketing purposes,
User herein consent and agree to be legally bound by an obligation wherein, during the term of their engagement with Delphinesse & Co. and for a period of two (2) years after the completion of such engagement, the User may not directly or indirectly solicit the services from the professionals of Delphinesse & Co. who have performed any services for the User pursuant to their engagement with Delphinesse & Co..
GOVERNING LAW/DISPUTE RESOLUTION
This Site is controlled by Delphinesse & Co. from its offices located in the state of West Bengal, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of West Bengal, India by accessing the Site, the User agree that the statutes and laws of West Bengal, India without regard to the conflict of laws will apply to all matters relating to the use of this Site and the purchase of any products or Services through the Site Any disputes under this Agreement shall be referred to arbitration and shall be settled in accordance with the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Kolkata, India and language English. Subject to the above, courts Kolkata shall have exclusive jurisdiction to deal with any dispute which may arise between Delphinesse & Co. and User under this Agreement.
This terms and conditions of Services constitute the entire agreement between the User and Delphinesse & Co. with respect to the Services provided under this Site. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the remainder of this Agreement, which will remain valid and enforceable according to its terms. If Delphinesse & Co. fails to exercise any right or remedy under this Agreement, the same will not operate as a waiver of that right or remedy or prevent Delphinesse & Co. from exercising the said right at a later stage. Delphinesse & Co. may provide User with notices, including those regarding changes to the Agreement, by email, regular mail, text message, postings on the Site, or other reasonable means. Delphinesse & Co. may assign its rights and duties under this Agreement to any party at any time without notice to the User. User agrees not to assign or otherwise transfer the Agreement or any right granted hereunder to any other person, without Delphinesse & Co.’s prior written consent.
If the User has any questions or comments about these Terms of Service as outlined above, the User can contact Delphinesse & Co. at: shayeree @delphinesse.com .