Terms & Conditions
This website, www.divyskil.com, is published and maintained by Divy Skil Services Pvt. Ltd. (DSPL). When the user accesses, browses, or uses this website, the user accepts, without limitation or qualification, the terms and conditions set forth herein below. When the user accesses any other website through this website, that other website may have its own terms and conditions of use which are specific to that other website. These Terms of Use and any additional terms posted on this website together constitute the entire agreement between Divy Skil and the user with respect to the use of this website. In the case of any violation of these terms and conditions, Divy Skil reserves its rights to seek all remedies available in law and in equity for such violations.
Site and its Contents:
All materials provided on this website are for the specific purpose only. Users shall not distribute, exchange, modify, sell, or transmit anything that they copy from this website, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as the user is complying with the terms of these terms and conditions stated on this website, Divy Skil grants the user a non-exclusive, non-transferable, limited right to enter, view, and use this website. The user agrees not to interrupt or attempt to interrupt the operation of this website in any way. Access to certain areas of the website may only be available to registered members. All materials, including various software, are the property of Divy Skil and protected by applicable copyright and other intellectual property laws.
Ownership:
All materials on this website, including but not limited to audio, images, software, text, icons, and the like (the “Content”), are protected by applicable copyright and other copyright laws. Users cannot use the Content, except as specified herein. The user agrees to follow all instructions on this website limiting the way the user may use the Content. There are a number of proprietary logos, service marks, and trademarks displayed on this website whether owned/used by Divy Skil or otherwise. By displaying them on this website, Divy Skil is not granting the user any license to utilize those proprietary logos, service marks, or trademarks, in any manner whatsoever. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Devices:
The user agrees that they will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. The user agrees that they will not use any device, software, or routine to interfere or attempt to interfere with the proper working of this website. The user agrees that they will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Transmitted Material:
Internet transmissions are never completely private or secure. The user understands that any message or information that they send to this website may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card, debit card information) is encrypted (sent in code). Sending a message to this website does not cause the website to have any special responsibility to the user. The copyright in the contents of this website belongs to Divy Skil; accordingly, Divy Skil reserves all rights. Copying part or all of the contents of this website without the permission of Divy Skil is prohibited except to the extent that such copying/printing is necessary for the purpose of availing of the service opted by the user for their convenience.
Modifications:
Divy Skil may add to, change, or remove any part of these terms and conditions at any time, without notice. Any changes to these terms and conditions or any terms posted on this website will become applicable as soon as they are posted. By continuing to use this website after any changes, the user is indicating the acceptance of those changes. Divy Skil may add, change, discontinue, remove, or suspend any other Content posted on this website, including features and specifications, process flow depicted on the website, temporarily or permanently, at any time, without notice and without any liability. Divy Skil reserves the right to undertake all necessary steps to ensure that the security, safety, and integrity of Divy Skil systems remain well-protected. Towards this end, Divy Skil may take various steps to verify and confirm the authenticity, enforceability, and validity of the transactions committed by the user.
Divy Skil Recharges:
Divy Skil provides recharge services for various prepaid and postpaid mobile phones, DTH just as a reseller only. Divy Skil is not a telecommunication company/service provider or DTH service provider and is only a reseller of prepaid, postpaid mobile, and DTH services provided by telecommunications and DTH service providers or other distributors or aggregators of such service providers. Divy Skil does not provide any warranty or guarantee for the services provided by the service provider(s). Recharge sold by us to the user is sold without recourse against us for any breach of contract by the telecommunications service provider. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the recharge purchased must be handled directly between the user (or the recipient of the recharge) and the telecommunications service provider.
Domestic Money Remittance:
a) Divy Skil shall not be responsible in any manner whatsoever for any delay in domestic money remittance services due to reasons attributable to the Bank/ NPCI/ RBI or any statutory/governmental authority.
b) The user hereby agrees to be bound by all the terms and conditions as applicable to Divy Skil in its Agreement with the Bank for domestic money remittance services.
c) Divy Skil trusts that the KYC provided by the user to Divy Skil is duly self-attested, true, and authentic.
d) The user shall ensure that the amount with which the user uploads their wallet with Divy Skil is not obtained from proceeds of any crime.
User’s Obligations:
a) General Obligations: The user shall access the site only for lawful and specific purposes for which they have opted for, and the user shall be responsible for complying with all applicable laws, statutes, and regulations in connection with the use of this website. The user shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from this website. The user shall not create a hypertext link to the website or “frame” the website.
b) Information Provided: The information provided by the user on the registration page must be complete and accurate. Divy Skil reserves the right at all times to disclose any information as Divy Skil deems fit and necessary to comply with any applicable law, regulation, legal process, or Central/State Governmental request.
c) Use of the Services: The user may only use this service to make legitimate transactions/payments. Without limitation, any speculative, false, or fraudulent transaction is prohibited. The services provided by the website are opted by the user for their convenience.
d) User Responsibility: The user confirms to us that they are 18 years of age or above and have the legal capacity to enter into this agreement with us and that all information provided by the user in respect of the use of the service is true and accurate to the best of their knowledge and belief. The user is responsible for the security of the password and for all transactions undertaken using their password through our service. The user confirms that they are the authorized holder of the original account used in the transactions and that they alone use the “id” and “password” created by the user for the website. Divy Skil or any of its representatives, agents, consultants, subcontractors, etc. will not be responsible for any financial loss, inconvenience, or mental agony resulting from the use or misuse of the user ID/password/credit card details/debit card details/bank account details for making transactions on/from this website.
e) Avoid Double Booking: If the user tried to make an online transaction and due to some technical error did not get any payment confirmation, please check the respective account details from the transacting bank or speak to customer care before attempting another transaction. Divy Skil or any of its representatives, agents, consultants, subcontractors, etc. will not be responsible for any such transaction losses.
Force Majeure:
Divy Skil shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions or are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government/any governmental or statutory authority including NPCI/RBI, acts of terrorism, or other similar causes.
Safety of Data Downloaded:
The user understands and agrees that availing any of the services through this website or any material and/or data downloaded or otherwise obtained through the use of Divy Skil services is done entirely at their own discretion and risk, and the user will be solely responsible for any damage to their computer systems or loss of data that results from the downloading of any material and/or data or availing any of the Divy Skil services available on this website. Nevertheless, Divy Skil will always make its best endeavors to ensure that the content on this website or other information channels are free of any virus or such other malware, malfunctions, etc.
Relationship:
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 this website, shall be deemed to constitute a partnership between the user and Divy Skil, and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
Jurisdiction:
Divy Skil hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Divy Skil considers itself and intends to be subject to the jurisdiction only of the courts of Delhi.
Limitation of Liability:
Notwithstanding anything to the contrary contained herein, neither DSPL (Divy Skil Services Private Limited), nor its affiliated companies, subsidiaries, officers, directors, employees, or any related party shall have any liability to users or to any third party for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under or relating to these terms, the site, or the offerings, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. To the maximum extent permitted by law, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation, or for any other reason), will at all times be limited to the value of the transaction or Rs 500/- (rupees five hundred only), whichever is lesser.
Indemnification:
The user shall defend, indemnify, and hold harmless Divy Skil and its affiliates, officers, agents, representatives, and employees from and against all claims, lawsuits, actions, demands, liabilities, expenses (including fees and disbursements of counsel), judgments, settlements, and penalties of every kind arising from or in any way relating to: i. User’s breach/violation of any terms or conditions mentioned on this website. ii. User’s violation or alleged violation of any applicable law in relation to use of this website. iii. Any act of fraud, negligence, or misrepresentation by the user. iv. Penalty, fine, or any charges imposed by any regulatory/statutory/governmental authority/Bank on Divy Skil with respect to any acts of commission or omission by the user. v. User’s performance/non-performance of their obligations under these terms and conditions.
Dispute Resolution:
The user agrees that any dispute arising out of the use of this website or availing of Divy Skil services, shall first be resolved by amicable means, and failure to resolve the same within 30 days shall entitle Divy Skil to refer the matter to arbitration conducted by a sole arbitrator appointed by Divy Skil. The proceedings shall be conducted as per the Arbitration and Conciliation Act 1996 or any of its successive statutes/amendments. The seat of arbitration shall be at Noida and proceedings shall be conducted in the English language. The award passed by the arbitrator shall be final and binding on the user.
Termination:
The user agrees that Divy Skil shall have all the rights to suspend or terminate the user’s account wholly or partly or the usage of services and/or the user’s profile at any time. Divy Skil may also in its sole discretion and at any time discontinue providing access to Divy Skil services, or any part thereof, with or without notice.
