Legal

Last Revised: 11-Nov-2021

The following Terms of Use (“TOU”) govern all use of the http://www.dmsgroups.in/ website (“Website”) and http://www.shop.dmsgroups.in/ shop webpage (“Shop Webpage”) and also http://www.app.dmsgroups.in/ application (“Webapp”) and all content and services available by DMS Groups. (“DMS Groups”, “we”, “us”, “our”) at or through the Website, Shop webpage and the Webapp (collectively “Services”). The Website, webpage, Webapp and Services are owned and operated by DMS Groups., in Vellore corporation, with email address: [email protected] - (“DMS Groups”).

You must be over 18 years old in order to use our Services. Our Services are offered subject to your acceptance without modification of all of the TOU contained herein and all other operating rules, policies and procedures that may be published from time to time on this Website by DMS Groups.

Please read the TOU carefully before accessing our Services. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Website and/or by clicking to accept or agree to the TOU when this option is made available to you, you accept and agree to be bound and abide by these TOU and our Privacy Policy, incorporated herein by reference and all other operating rules, policies and procedures that we may publish from time to time on the Website. We encourage you to review the Website and these TOU periodically for any updates or changes. If you do not want to agree to these TOU or the Privacy Policy, you must not access or use the Website.

1. Introduction

Via our online platform (“Platform”), our customers (“Customers”) may post their products (“Product”) and our website visitors (“Visitors”) and registered users (“Users”) can discover products of their preference.

2. Registration

a) Website Visitors

Registration is not required for Visitors. Visitors may access the products posted on our Website freely. However, they are bound by our TOU.

b) Registered Users

Registration is required for the use of certain features of our Services. Only registered Users can receive newsletters about our Services, access our wishlist, have a custom feed webpage and gain access to special discounts and deals. During registration process, Users have to provide us with their e-mail, a username and password. Users may see our Privacy Policy for more information regarding how we use the information that we collect from them. DMS Groups reserves the right to reject any registration request at its sole discretion.

Once we receive your registration application, we will create an account (“Account”) for you and we will e-mail you a link to activate your Account. Once you complete activation, you will be able to start using our Services.

Each Account is personal and non transferable. Your rights and obligations to DMS Groups are non transferable either. You are responsible for maintaining the security of your password and Account. You are fully responsible for all activities that occur under this Account and any other actions taken in connection with this Account. You must immediately notify DMS Groups at [email protected] regarding any unauthorized uses of your Account or any other breaches of security. DMS Groups will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

To prevent fraud and abuse, Users are limited to one active Account. Any additional Accounts that are created to circumvent guidelines, promote competitive advantages, or mislead the DMS Groups community shall be disabled. Mass Account creation may result in disabling of all the related Accounts.

Facebook login

Users may sign-up on our Website or Webapp via their Facebook account. If Users login via Facebook, they acknowledge that they are fully responsible for maintaining the security of their Facebook account and fully responsible for all activities that occur under this account and any other actions taken in connection with this account. Users are also fully responsible for the compliance with all the Facebook’s terms of use. Nevertheless, Users must immediately notify DMS Groups at [email protected] of any unauthorized uses of their Facebook account or any other breaches of security. DMS Groups will not be liable for any acts or omissions by Users, including any damages of any kind incurred as a result of such acts or omissions.

c) Customers

Customers can post their products (“Products”) on our Website. You must register through our Website in order to post your Product on our Platform, by accessing the following link: http://www.shop.dmsgroups.in. During the registration process, you have to provide us with the following information:

Your full name

Your e-mail

Your Product title

Your Product link

Your Product description

You will also be asked to provide further the following Information:

Photos of your Product

A video of your Product

You can see our Privacy Policy for more information regarding what information we collect from you and how we use it. To prevent fraud and abuse, Customers are limited to one listing per Product.

3. Our Responsibility to our Users and Visitors

a) No responsibility for the Products

Users and Visitors agree and acknowledge that DMS Groups does not perform any quality control, regarding each Product’s quality, standards, licenses etc nor does it provide any guarantee for each Product’s functionality according to its specifications. Users and Visitors agree and acknowledge that they have to independently verify the Product’s quality, standards, licenses and specifications and make their own due diligence before purchasing a Product. In no event shall DMS Groups be liable for any Product purchase made in reliance on any Information available in our Website.

b) No endorsement of any particular Product

Users and Visitors understand and acknowledge that DMS Groups does not make any endorsements of any particular Product. However, DMS Groups provides recommendations and suggestions based on the Users’ choice of filter.

c) No involvement in Users and Visitors purchase arrangements with Customers

DMS Groups facilitates Users and Visitors to discover Products online. Any relationship, arrangement or contract – oral or written – among Users and Visitors and any Customer, is made directly between Users, Visitors and the Customers and DMS Groups is not a party to that relationship, arrangement or contract. DMS Groups is not in any way involved in any transaction between Users, Visitors and the Customer. Furthermore, DMS Groups is not responsible for the payment of the purchase price of the Product. The payment of such fees and charges is entirely the Users’ and Visitors’ responsibility.

Users and Visitors acknowledge that any claim that they may have that is in any way connected with a dispute or a complaint against a Customer, must be brought directly against that Customer.

4. Customers’ Products’ Listing

Customers may post their Products only if they completed the registration process as described in par. 2 of the TOU and paid the fee pursuant to their chosen pricing plan.

Prohibited Products

DMS Groups expressly prohibits the posting of any Product which infringes laws, good morals and commercial practices or any of these TOU or any Products, including but not limited to: a) drugs and other psychotropic substances and products suitable for the creation of these substances, b) radioactive and poisonous substances and any kind of chemicals dangerous for health, c) products that are designed to explode and could cause damage to nearby people or property, such as explosives and fireworks as well as instructional materials on how to make explosives, d) war and military equipment and weapons of any kind as well as functional devices that appear to discharge a projectile at high velocity, whether for sport, self-defense or combat and any part or component that is necessary to the function of a gun or intended for attachment to a gun, e) human organs and parts, f) protected animals or plants, g) pornographic material and h) tobacco or any products containing tobacco. DMS Groups reserves the right to include without limitation further types of prohibited Products.

You acknowledge that it is within our discretion to review the Product before uploading it on our Website and refuse to post it in case the Product contains any prohibited item pursuant to these TOU or to the local or international laws.

DMS Groups’s discretion to reject Products

DMS Groups accepts only the following categories of Products: a) mainstream hardware products, b) that contain high quality and descriptive images, c) which can be purchased through a third-party’s website or a crowdfunding platform and d) are made of high quality materials.

Customers acknowledge that it is within our discretion to review the Product before uploading it on our Website and refuse to post it in case the Product does not meet the above standards.

Technical Issues

DMS Groups shall not be liable in the event that due to technical issues the Customer’s Product is not posted on time or it is uploaded incorrectly. Further, the Customer is exclusively responsible for posting his Product correctly and without typographical errors.

Each Customer can only post one type of Product per pricing plan. Customer agrees that he will not direct other Customers to upload Products on his behalf. In case we become aware of such actions or of any action aiming to manipulate the price and cause market distortion, we reserve the right to immediately stop providing our Services to the Customer.

Notification e-mails

Every time you post a Product on the Platform, we send notification e-mails to all our Users that might be interested in your Product, according to their preferences and choice of filters.

5. Disclaimer

DMS Groups acts as a neutral venue, a connecting platform, where Users, Visitors and Customers (collectively “You”) may enter into purchase transactions (“Transaction”). You acknowledge and agree that we are not a party in the Transaction. We are not responsible nor guarantee the proper execution of the transaction and/or for any quality, safety, or legal issues that may arise between you during or after the execution of the transaction. YOU ACKNOWLEDGE THAT USERS AND VISITORS PURCHASE THE PRODUCTS FROM THIRD-PARTY WEBSITES. DMS GROUPS HAS NO INVOLVEMENT IN THE EXECUTION OF THE TRANSACTION WHATSOEVER AND DISCLAIMS ANY LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Customers agree that it is their sole obligation to comply with all local and national laws, rules, statutes and regulations that may apply including any and all licensing requirements regarding the posting of their Product, the Transaction and any aspect thereof.

DMS Groups has no involvement in the collection of the Customers’ purchase price. Customers understand and agree that they are solely responsible for determining i) the taxes that they should collect or obligations relating to applicable taxes, ii) their applicable tax reporting requirements. They are also solely responsible for remitting to the relevant authority any applicable taxes. DMS Groups cannot and does not offer tax-related advice to any Customer.

6. Reviews

Our Visitors and Users are able to make a review on the Product’s performance, quality and functionality, by leaving a brief comment and choosing between five ratings in the form of stars. The review cannot concern Products that were not provided by the Customer through our Website, Webpage and/or our Webapp.

Users and Visitors agree that they must make their reviews on the basis of honest practices and principles of morality. Their reviews must be true and accurate and not profanity, hate language, hostile, disruptive, defamatory, offensive or misleading.

Users, Visitors and Customers acknowledge and agree that DMS Groups retains all ownership rights of the reviews posted on our Website by our Visitors and Users, about our Customers’ Products.

If a Customer has suspicions about the veracity and accuracy of a review, he may contact us at [email protected] and we will communicate with both parties to ensure the accuracy and veracity of the review. DMS Groups reserves the right to withdraw the review and cancel a User’s Account if it is determined that the review was false or inappropriate.

7. Special Programs/Plans

a) Affiliate Program

DMS Groups offers an Affiliate Program for Users, Visitors or Customers who would like to promote our Services in exchange for a commission fee.

Registration

Registration is required for our Affiliate Program. During registration, we collect the following information from you:

Your full name

Your e-mail

Your PayPal payment e-mail

Your website url

We will create an Account for you pursuant to par. 2 of these TOU.

You may also login in our Affiliate Program via your existing DMS Groups Account.

Dashboard

You shall have access to an online dashboard (“Dashboard”) in your Account, where you will be able to track your referrals, their amount, status and date. We shall update the Dashboard regularly.

Payment

A PayPal account is required in order to register in our Affiliate Program. You may set up your PayPal account here. We process payment only via your PayPal account. Payment terms are governed by PayPal’s Terms of Use.

As soon as we approve your registration, you shall be paid a commission fee of 15% of the net proceeds (less applicable taxes and transaction costs) from each new Customer’s registration that you refer to us. Payment shall take place at the last date of each month.

Termination

We have the right to terminate your Account at any time in the event of violation of these TOU or in the event that DMS Groups determines at its sole discretion that your choice of means of promotion of our Services are inappropriate or not in accordance with our standards, rules and/or policies or any federal or state laws. Following the effective date of termination, you shall have no right to further commission fees and your Account shall be permanently deleted from our system. DMS Groups reserves its right to seek further remedies against you in case of a violation as described above.

You may terminate your Account at any time pursuant to par. 11 of these TOU.

8. Customers’ Responsibility

a) You agree to provide accurate and complete information about your Product and to maintain and update that information. If the information you provide is untrue, inaccurate, incomplete or not current, we reserve the right, in our sole discretion, to remove your Product from our Website.

You represent and warrant that you are not in the process of being declared bankruptcy or insolvent and that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the Transaction. If those conditions are not fulfilled, we reserve the right to act at our sole discretion and we may remove your Product from our Website.

b) Except as expressly stated in our Privacy Policy, any material, information or other communication that you post, upload or submit to the Website or that is displayed on the Website at your direction (collectively “Communications”) will be considered non-confidential and non-proprietary, and DMS Groups shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any such Communication.

c) You are responsible for ensuring that all of your Product posting (including any Product description, photos or videos) does not violate or infringe any copyright, trade secret, trademark or other personal or proprietary rights of another person or entity, or defame any person, or violate any law or regulation or any of these TOU. You shall be solely liable for any damages resulting from any infringement or violation or any other harm resulting from your uploading, posting, or submission of the Product and any Communication on our Website. DMS Groups has the right to terminate any Services offered to you and to remove any Product or Communication posted on the Website at its sole discretion, without any compensation or recourse in the event that the relevant Product or Communication is in breach of any of the provisions herein.

9. Visitors’, Users’ and Customers’ Responsibility

a) The content available on our Website is provided for the sole purpose of our Services. You may use, print and download information from the Website for this purpose only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the Website. If you perform an unauthorized use of the content of our Website, we have the right to immediately stop providing our Services to you and terminate your Account.

b) You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content.

c) When using our Website, you shall not:

take any action that imposes an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;

interfere with the proper working of the Services we provide or any activities conducted on the Services;

attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services;

run any form of auto-responder or ‘spam’ on the Services;

use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website;

harvest or scrape any content from the Services;

otherwise take any action in violation of our guidelines and policies;

decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;

modify, translate, or otherwise create derivative works of any part of the Services;

copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;

act in such a way that the Services are damaged, interrupted or made less efficient;

manipulate or abuse the Services, or act in such a way that it creates an unreasonable strain on the Services.

Non-permitted use of our Services

The following actions/activities are not permitted on our Website:

Adult services & pornography: DMS Groups does not allow any exchange of adult oriented or pornographic materials and services;

Inappropriate behavior & language: Communication on our Website, Webpage and Webapp should be friendly, constructive, and professional. DMS Groups condemns bullying, harassment, and hate speech towards others;

Phishing & spam: DMS Groups takes its Visitors’, Users’ and Customers’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another Visitors’, Users’, Customers’ Account or computer environment is strictly prohibited. Please respect our Visitors’, Users’ and Customers’ privacy by not contacting them for commercial purposes without their consent;

Content: You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Services, including without limitation any content, that:

infringes any third party right or violates any law or contractual duty;

you know is false, misleading, untruthful, unlawful, threatening, abusive, harassing, defamatory, fraudulent, pornographic, or is otherwise inappropriate as determined by us in our sole discretion;

constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);

contains software viruses or any other harmful computer codes, files, or programs;

includes anyone’s identification documents or sensitive financial information;

otherwise interferes with the Services.

DMS Groups shall have the right to terminate any Services offered to you and to remove any content posted on the Website at its sole discretion, without any compensation or recourse in the event that the relevant content is in breach of any of the provisions above.

Fraud / unlawful use – You may not use our Website for any unlawful purposes or to conduct illegal activities;

Targeted abuse: We do not tolerate Visitors’, Users’ and Customers’ who engage in targeted abuse or harassment towards other Visitors’, Users’ and Customers’ on our Website. This includes creating new multiple accounts;

Selling accounts: You may not buy or sell DMS Groups accounts;

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.

10. Customers’ license grant

By posting the Product on our Website, Customers expressly grant, represent and warrant to DMS Groups that Customers have all right, power and authority to grant to DMS Groups a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display all the content of Customers’ Product posting and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and DMS Groups’s business, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any and all media formats and through any and all media channels whether now known or hereafter developed. The foregoing license shall be subject to our Privacy Policy in effect at the time that Customers post the Product. To the extent the Product has a trademark or service mark protected by local or international laws, the foregoing license extends solely to DMS Groups’s use thereof to identify Customer as contemplated by the Services and the Product for which Customer provides such trademark or service mark.

The web scraping, data harvesting, unauthorized copy, display, transmit or distribute of any material from the Website in any form and by any means whatsoever is strictly prohibited. Nevertheless, it is not possible for us to make sure that all Visitors and Users will comply with these prohibitions and thus we cannot guarantee that the Products will not appear in any other third party sites. DMS Groups will not be responsible or held liable in any way if any Visitor, User or any other third-party, in breach of the TOU, uses the posting of the Product for any purpose other than for the offer of our Services. You accept that you post your Product on our Website entirely at your own risk.

11. Termination of the use of our Services

Visitors

Visitors have the right to terminate our Services at any time by simply stop visiting our Website and using our Webapp.

Users

Users have the right to terminate our Services at any time by deleting your Account at our Website or Webapp. We continue to keep saved your business information and data after termination of your use of our Services. However, you have the right to request that we completely delete your Account and your Personal Information (as defined in our Privacy Policy) from our system. As soon as you notify us at [email protected] and after we send you a confirmation of receipt of your request, your Account and Personal Information shall be marked as deleted in the system.

Customers

Customers have the right to terminate our Services at any time by e-mailing us at [email protected] and make a request to remove their Products from our Website and delete all their Product information as well as Personal Information from our system.

12. Suspension & disablement of your Account

DMS Groups reserves the right at any time to immediately terminate or suspend your Account or your access to the Website without notice, if you breach any of TOU or violate any law or regulation. An event that may result in the termination or suspension of your Account can include but is not limited to: a) providing inaccurate information, b) any circumvention of the DMS Groups marketplace by you or by others at your direction, c) your creation and/or management of more than one Account, d) your circumvention or non-payment in full of our fees, e) any attempt by you to post or cause another to post a false or inappropriate review for a Customer, f) any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a member.

Regarding any breach of TOU or any violation of the law or any regulation, DMS Groups also reserves the right to take further action as in its sole discretion considers appropriate or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate without the obligation to make any refunds. DMS Groups shall have the sole and absolute discretion to decide whether you have breached any of the TOU, and such decision shall be final. In case DMS Groups has not exercised the right under this paragraph, it shall not be deemed to be a waiver.

13. Pricing Policy

Our Visitors and Users may access our Services for free. For our Customers, we offer paid pricing plans here. You accept and agree that we do not provide any refunds.

Third Party Payment Processors

We use a third-party payment processor (the “Payment Processor”) to bill our Customers. The processing of our pricing plan payments shall be subject to the terms, conditions and privacy policies of the Payment Processor in addition to our TOU. We are not responsible for error or delays by the Payment Processor. By submitting your registration form with your preferred pricing plan, you agree to pay us, through the Payment Processor, all charges at the prices stated for the applicable pricing plan. You further authorize us, through the Payment Processor, to charge your chosen payment provider (“Payment Method”). You agree to make payment using that selected Payment Method. Τhe terms of your payment will depend on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we do not receive payment from you, via the Payment Processor, we shall not make our Services available to you.

14. Links to third party sites

This Website contains links to sites owned or operated by third parties. Such links are provided for your reference only and we do not control such sites and we are not responsible for their content. We reserve the right to terminate a link to a third party site at any time and the fact that we provide a link does not mean that we endorse, authorize or sponsor that site. You are not allowed to upload links of any kind.

15. Service Availability Disclaimer

We will make all reasonable efforts to ensure that the Website, Webpage and Webapp are available at all times. However, we cannot guarantee that the Website, Webpage and Webapp or any individual function or feature of the Website, Webpage and Webapp will always be available and/or error free. The Website, Webpage and Webapp may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Website and Webapp.

16. Warranty disclaimer / limitation of liability

DMS GROUPS DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DMS GROUPS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, DMS GROUPS, ITS SUBSIDIARIES, ITS LICENSORS AND AFFILIATES, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, TRUE, RELIABLE, CORRECT OR COMPLETE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

IN NO EVENT SHALL DMS GROUPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE, (II) ANY LOSS OR DAMAGE DUE TO UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL BUSINESS INFORMATION STORED THEREIN, (III) ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR INTEROPERABILITY PROBLEMS, (IV) ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE (VIII) ANY LOSS OR DAMAGE RESULTING FROM YOUR USE, OR INABILITY TO USE, ANY PORTION OF OUR WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA, (IV) ANY LOSS OF YOUR REVENUE, PROFITS, GOODWILL OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES . THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DMS GROUPS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DMS GROUPS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE QUALITY, FUNCTIONALITY, PERFORMANCE AND/OR SPECIFICATIONS OF THE PRODUCTS, FOR THE TRUTH AND/OR ACCURACY OF ANY INFORMATION AND/OR DOCUMENT THAT CUSTOMERS PROVIDE ABOUT THEIR PRODUCTS, NOR THEIR RELIABILITY AND ABILITY TO EXECUTE THE TRANSACTION OR CONDUCT BUSINESS PROPERLY.

DMS GROUPS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY AND VALIDITY OF THE INFORMATION CONTAINED IN ANY POSTING, NEITHER FOR THE CUSTOMER’S COMPLIANCE WITH ANY LAW, GOOD MORAL, COMMERCIAL PRACTICES AND/OR THESE TOU.

YOU ACKNOWLEDGE AND AGREE THAT DMS GROUPS IS NOT A PARTY IN THE TRANSACTION CONCLUDED AMONG YOU AND ANY CUSTOMER AND IS NOT IN ANY CASE RESPONSIBLE FOR THE PAYMENT OF THE PURCHASE FEES TO THE CUSTOMERS. DMS GROUPS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE EXECUTION OF THE TRANSACTION AND/OR FOR ANY QUALITY, SAFETY OR LEGAL ISSUE THAT MAY ARISE BETWEEN THE VISITORS, USERS AND THE CUSTOMERS DURING OR AFTER THE EXECUTION OF THE TRANSACTION.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

17. Indemnification

You agree to defend, indemnify and hold DMS Groups and its contractors, its licensors, its affiliates and their respective directors, officers, employees and agents harmless from any and all liabilities, costs, and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to (i) the use of the Website or your placement or transmission of any message or information on this Website by you, (ii) your violation of any of the TOU (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights, (iv) your violation of any law, rule or regulation, (v) any claim or damages that arise as a result of your use of our Services or (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code.

In the event that you have a dispute with one or more Visitors, Users and/or Customers, you release DMS Groups (and our officers, directors, agents, subsidiaries, licensees, promotional partners, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

18. Intellectual property

The TOU do not transfer from DMS Groups to you any DMS Groups or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DMS Groups. DMS Groups’s logo and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks of DMS Groups. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any DMS Groups or third-party trademarks. You expressly declare and undertake not to register any domain name that includes the word “DMS Groups” neither to use the word “DMS Groups” in any way that may cause confusion on any advertising service on the internet.

19. Copyright infringement

As DMS Groups asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by DMS Groups violates your copyright, you are encouraged to notify DMS Groups at [email protected]. DMS Groups will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. DMS Groups will terminate a Visitor’s, User’s or Customer’s access to the Services if, under appropriate circumstances, they are determined to be a repeat infringer of the copyrights or other intellectual property rights of DMS Groups or others. You are not allowed to copy our template, structure, UI, iOS and Android app unique components of our branding without written approval from the board of directors and CEO of DMS Groups.

20. Confidentiality/Non-Disclosure

As a result of the provision of our Services to you, and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Information”). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use our Information only for the specific purposes as allowed in these TOU. Any disclosure of our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these TOU. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.

21. Assignment

DMS Groups reserves the right to assign to third parties any rights, licenses, and/or obligations arising out of or relating to these terms without restriction. You may not transfer or assign any of its rights, or delegate any of its duties, under this contract, either in whole or in part (including by merger or operation of law), without the prior written consent of DMS Groups. To the extent the license or any rights or obligations hereunder are transferred, assigned or delegated in a manner that is permitted by these terms, these terms shall be binding upon all your successors and assigns hereto (including any transferee or assignee of all or substantially all your assets and any successor by merger or operation of law).

22. Modification

DMS Groups may amend these TOU at any time by posting a revised version on the Website. Each revised version will state its effective date, which will be on or after the date posted by DMS Groups. If the revised version materially reduces your rights or increases your responsibilities, we may post it in advance of the effective date to give you notice. Notification will be provided through the Website user interface, or be sent to the email address associated with your Account or otherwise; or you will be asked to opt-in or otherwise expressly agree to the changes or a version of these TOU incorporating the changes.

23. Applicable Law

The present TOU are in conformity with the laws of Vellore. DMS Groups makes no representations that our Services are appropriate or available for use in other countries. Those who access or use our Services from other jurisdictions do so at their own risk and are responsible for compliance with local laws.

24. Arbitration

Any dispute, claim or controversy arising out of or relating to these TOU or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these TOU to arbitrate, shall be determined by arbitration in Vellore before one arbitrator. The arbitration shall be administered by Alternative Dispute Resolution (ADR) lawyer to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

25. Notices

Any notice to be served on or documentation to be sent to any party to these TOU shall be deemed to be properly served if sent by email to the following email address: [email protected].

26. General Terms

These TOU shall endure for the benefit of and be binding upon the respective administrators, successors and assigns of each party hereto.

All terms, conditions and warranties in these terms are essential terms and a breach or non performance here to of any terms, conditions, warranties, schedules hereof shall entitle DMS Groups to either terminate your Account and stop providing its Services, and claim damages or terminate without any claim for damages or claim damages without terminating your Account and stop providing its Services.

No failure or delay by DMS Groups in exercising any right or remedy provided by law under or pursuant to these terms shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.

Termination of the Account and termination of Services shall not affect the accrued rights of DMS Groups arising in any way out of these TOU as at the date of termination and, in particular but without limitation, the right to recover damages against the other, and all provisions of these TOU which contemplate or are capable of operation after termination shall survive the termination of the license and shall remain in full force and effect.

If any of the provisions of these TOU become invalid, illegal or unenforceable in any respect under any applicable law, the validity and enforceability of such provision shall not be considered affected in any other jurisdiction and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and all of them shall remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these TOU is not affected in any manner materially adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

Last Revised: 11-Nov-2021

DMS Groups Privacy Notice

Our commitment to Privacy

Protecting your privacy and your information is a top priority here at DMS Groups Inc. (“DMS Groups” “we”, “us” or “ours”). This Privacy Notice explains what information we collect from website visitors and users of our services (“You”), how we use it, who we share it with and how we protect it.

Please note that your access to our Services and Website may be subject to certain third party terms and conditions and privacy policies, including but not limited to third-party online storage services and payment providers. Unless stated otherwise, this Privacy Notice only deals with the use of information collected by DMS Groups. You acknowledge that DMS Groups is not responsible for any such third party terms and conditions and their use of your information.

This Privacy Notice should be read alongside our TOU. Capitalized terms in this Privacy Notice have the meanings as set forth in our TOU.

Children under the Age Of 18

Our Website is not designed or intended for children under 18 years of age. No one under age 18 May provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete any such information. If you believe we might have any information from or about a child under 18, please contact us at [email protected]. Understanding how Iinformation Is Collected on DMS Groups, If you are under 18 years of age you must obtain parental consent before using the Website.

What information do we collect and what do we use it for?

The information that we collect about you will depend on whether you are a User or a Customer of ours.

Users

Only registered Users may access the special features of our Services (exclusive discounts, deals and custom feed features). You can register through our Website or through our iOS or Android Apps. During the registration process, you will provide us with the following information:

Your First name

Your Email Address

Your Password

Your Favorite Product Categories

Customers

Only registered Customers can post their Products on our Platform. You can register through our Website by filling in a registration form. During the registration process, you have to provide us with the following information:

Your full name

Your e-mail

Your Product title

Your Product link

Your Product description

You will be asked to provide further the following information:

Photos of your Product

A video of your Product

The purpose of our request of this additional information is promote your Product to our Users via the website and social media.

Users and Customers have the obligation to state truthfully, accurately and fully your up-to-date information in the registration process. If your information is not in compliance with these provisions or if DMS Groups has reasonable suspicions that your information is not in accordance with these provisions, DMS Groups has the right to reject your application for registration or to suspend or terminate immediately your Account without prior notice. You agree that you have no right to any compensation for the rejection of your application.

Activity and behavior information: We collect information about your activity and behaviour on the Website, such as your posts of any kind and/or the Products that you submit. We also collect our Visitors’ and Users’ reviews about you.

Posted Comments: Should you choose to add a comment to any posts that we have published on our Website or blog, your name and email address will be saved to the Website’s database, along with your computer device’s IP address as well as the time and date that you submitted the comment. This information is only used to identify you as a contributor to the comment section of the respective blog post. Only your name will be shown on the Website although if the supplied email address is linked to a Gravatar account, your Gravatar photo will also be displayed. Your comments and any associated personal data will remain on the Website until we decide to 1) remove the comment or 2) remove the blog post.

NOTE: You are advised to not enter personally identifiable information in the actual comment field of any blog post or product reviews comments that you submit on our Website, Webpage, Webapp.

Correspondence information: If you send us personal correspondence, such as emails or letters or third parties send us correspondence about your activities or postings on our Website, we may store such information in our servers.

Website visitation tracking: Our Website uses google analytics (“GA”) to track our Users’ interaction. We use the data to determine the number of people using our Website, to better understand how they locate and use our web pages. Although GA records data such as your geographical location, device, internet browser and operating system, none of this information personally identifies you to DMS Groups. GA also records your computer device’s IP address which could be used to personally identify you but Google do not grant us access to this.

Contact forms and email links: Should you choose to contact us via the contact form at our contact us page or an email link, none of the data that you provide will be stored in the Website or passed to / be processed by any of the Third Party Data Processors. The data will be compiled into an email and sent to us over the Simple Mail Transfer Protocol (SMTP). Our SMTP servers are protected by TLS (also known as SSL) meaning that the email content is encrypted using SHA-2, 256-bit cryptography. The email content is then decrypted by our local computers and devices.

Newsletters: If you are a registered user at our Website, you may receive daily or weekly newsletters from us. If you subscribe to our newsletter, your e-mail address will be forwarded to Campaign Monitor, a third party, for marketing purposes. Your e-mail address shall be saved in Campaign Monitor’s database for as long as we continue to use Campaign Monitor’s services for marketing purposes. You may request removal of your e-mail address from Campaign Monitor’s list. You can do this by using the unsubscribe links included in our newsletter.

Other uses of your information: In addition to the purposes listed above, we may also use your information as follows:

in order to resolve disputes;

troubleshoot problems;

help promote your Product;

measure consumer interest in Services;

inform you about offers, products, services, and updates;

customize your experience;

detect and protect us against error, fraud and other criminal activity;

enforce our TOU; and as otherwise described to you at the time of collection.

At times, we may look across multiple Customers to identify problems or resolve disputes, and in particular we may examine your information to identify Users using multiple usernames or aliases. We may compare and review your information for errors, omissions and for accuracy.

We may use Users’ information in order to provide benchmark analysis and aggregate statistics to Customers based on the performance of their Products. This particular information will be anonymized, will not contain personal identification and will not be transferred or sold to third parties in any way or format that identifies you.

Note: We do not transfer, sell or rent your information to third parties for their marketing purposes other than what is stated in this Privacy Notice. We request only the information that we need to operate our Services and improve our Website’s user experience. We do not use your information to create any advertising creative.

Who do we share your personal information with?

We may disclose your personal information to the following categories of recipients:

to our group companies, third party services providers and partners who provide data processing services to us (for example, to support the delivery of, provide functionality on, or help to enhance the security of our Website), or who otherwise process personal information for purposes that are described in this Privacy Notice or notified to you when we collect your personal information.

to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;

to an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Notice; to any other person with your consent to the disclosure.

Except as otherwise provided herein, DMS Groups discloses personal information only to third parties who reasonably need to know such personal information only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations.

DMS Groups may provide personal information to third parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, DMS Groups may store such personal information in the facilities operated by third parties. Such third parties must agree to use such personal information only for the purposes for which they have been engaged by DMS Groups and they must either:

comply with the EU-U.S. Privacy Shield principles or another mechanism permitted by the applicable EU data protection law(s) for transfers and processing of personal information;

or agree to provide adequate protections for the personal information that are no less protective than those set out in this Privacy Notice.

DMS Groups has responsibility for the processing of personal information it receives under EU-U.S. Privacy Shield and subsequently transfers such personal information to such third parties, acting as an agent on its behalf. DMS Groups is liable if such third parties, acting as its agent on its behalf, process such personal information in a manner inconsistent with EU-U.S. Privacy Shield principles and this Privacy Notice.

How do we protect your information?

– Customers understand and agree that their information can be accessed by the Visitors and Users of our Website. Although DMS Groups makes reasonable efforts to restrict access to the above mentioned information only to our registered Users, DMS Groups can not guarantee that other third parties will not, without DMS Groups’s consent, gain access to it.

– You may ask DMS Groups to remove your Product from the Website and thus disable access to your information by Visitors and Users at any time. However, you acknowledge that the Visitors, Users and other parties who have previously gained access to your information may have retained a copy. DMS Groups is not responsible for the retention, use or violation of privacy of that information in those instances, or for the use or privacy of that information by any of such parties while it is available on our Website.

– All our employees, independent contractors and agents have executed non-disclosure agreements, which provide explicit confidentiality protections. Any employee, independent contractor or agent who violates such privacy and/or security policies is subject to possible termination and civil and/or criminal prosecution.

– We do not make any of your information available to third parties for their marketing purposes. DMS Groups’s software runs on shared hosting servers and no data given or collected is shared with other social media platforms. If however, we share your information with third parties, we will notify you. Please note that no transmission over the internet can guarantee confidentiality and non-disclosure, and as such, you transmit at your own risk.

– DMS Groups uses robust security measures to protect data from unauthorized access, maintain data accuracy, and help ensure the appropriate use of data. When the Services are accessed using the internet, Secure Socket Layer (SSL) technology protects your information, using both server authentication and data encryption. These technologies help ensure that your information is safe, secure, and only available to you and to whom you have granted access. DMS Groups also implements other advanced technology measures to prevent interference or access from outside intruders.

– All traffic (transferral of files) between the Website and your browser is encrypted and delivered over HTTP.

– We do not tolerate Spam. To report DMS Groups-related spam please contact us at [email protected]. You may not use our communication tools to send spam or otherwise send content that would violate our TOU. We may check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content of the Website, but we will not permanently store messages sent through these tools.

– DMS Groups does its utmost to secure communications and data storage in order to protect confidentiality of your information against loss and interception by third parties. However, it is important to know that there is no zero-risk against loss or interception by others of your information. You are responsible for maintaining the security and confidentiality of your Account’s username and password.

Cookies and similar tracking technology

We use cookies and similar tracking technology (collectively, “Cookies”) to collect and use personal information about you. For further information about the types of Cookies we use, why, and how you can control Cookies, please see our Cookie Notice [link].

Data retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Your data protection rights

Depending on where you reside, You may have the following data protection rights:

If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided under the “Contact Us” heading below.

In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the “Contact Us” heading below.

You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the “Contact Us” heading below.

Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

International data transfers

DMS Groups is a Indian headquartered company. Your personal data may be stored, transferred and processed in and to India and in other countries by our affiliates and/or service providers. The data protection laws in these countries may provide a lower standard of protection for your personal data than your country of residence. We take great care in protecting your personal data and have put in place adequate mechanisms to protect it when it is transferred internationally. We will transfer your personal data in compliance with applicable data protection laws and will implement suitable safeguards to ensure that your personal data is adequately secured by any third party that will access your information.

By using our Site and providing personal data to us, you consent to the terms of this Privacy Policy and the collection, use, maintenance, transfer to and processing of your personal data in India or other countries or territories, and, unless otherwise stated in this Privacy Policy, we use this consent as the legal basis for that data transfer. You further agree that all transactions relating to the Sites and our Services shall be deemed to have occurred in the India.

If you have questions or wish to obtain more information about the international transfer of your personal data or the implemented safeguards, please send us an email to [email protected]

Links to Other Sites

Our Website contains links to other websites that are not owned or controlled by DMS Groups. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage you to be aware when you leave our Website and to read the privacy policies of each and every website that collects personal information. This privacy Notice applies only to information collected by this Website.

Freebies, Giveaways, Surveys, Quizzes and Sweepstakes

While you are visiting http://www.dmsgroups.in Website, Webpage and Webapp, you may have the opportunity to participate in Freebies, Giveaways, Surveys, Quizzes and Sweepstakes or other interactive features that request information about you and your opinions and preferences. Your participation in these features is entirely voluntary. If you do choose to participate, please be aware that these features may be operated by a third party that is not controlled by DMS Groups and therefore the information you provide may be collected by the third party and subject to its privacy policy.

Legal basis for processing personal information (EEA Users and Customers only)

If you are a visitor from the European Economic Area, our legal basis for collecting and using the information described above will depend on the information concerned and the specific context in which we collect it.

However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you, (ii) where the processing is in our legitimate interests and not overridden by your rights, or (iii) where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you.

If we ask you to provide personal information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our platform and communicating with you as necessary to provide our services to you and for our legitimate commercial interest, for instance, when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities. We may have other legitimate interests and if appropriate and we will make clear to you at the relevant time what those legitimate interests are.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “Contact Us” heading below.

Independent Dispute Mechanism

In compliance with the EU-U.S. Privacy Shield Principles, DMS Groups commits to resolve complaints about your privacy and our collection or use of your personal information. EU individuals with questions or concerns about the use of their personal data should contact us at: [email protected]. If a Customer’s question or concern cannot be satisfied through this process we have further committed to refer unresolved privacy complaints under EU-U.S. Privacy Shield to an independent dispute resolution mechanism via a Alternative Dispute Resolution (ADR) lawyer. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by DMS Groups, EU individuals may bring a complaint before Alternative Dispute Resolution (ADR) lawyer in Vellore. Finally, as a last resort and in limited situations, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism. DMS Groups commits to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.

Changes to this Privacy Notice

We may update this Privacy Notice from time to time in response to changing legal, technical or business developments. When we update our Privacy Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Notice changes if and where this is required by applicable data protection laws. You can see when this Privacy Notice was last updated by checking the “Last Revised” date displayed at the top of this Privacy Notice.

Contact Us

The data controller of this website is: DMS Gropus, in Vellore Corporation.

[email protected]

Last updated: 11-Nov-2021

This Cookie Notice explains how DMS Groups. (“DMS Groups”, “we“, “us“, and “ours“) use cookies and similar technologies to recognize you when you visit our website. It explains what these technologies are and why we use them, as well as your rights to control our use of them.

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.

Cookies set by the website owner (in this case, DMS Groups) are called “first party cookies”. Cookies set by parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognise your computer both when it visits the website in question and also when it visits certain other websites.

Why do we use cookies?

We use first party and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Websites. Third parties serve cookies through our Websites for advertising, analytics and other purposes. This is described in more detail below.

The specific types of first and third party cookies served through our Websites and the purposes they perform are described in the table below:

Essential website cookies: These cookies are strictly necessary to provide you with services available through our Websites and to use some of its features, such as access to secure areas.

Serves: DMS Groups

How to refuse: Because these cookies are strictly necessary to deliver the Websites to you, you cannot refuse them.

You can block or delete them by changing your browser settings however, as described below under the heading “How can I control cookies?”

Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality may become unavailable.

Serves: DMS Groups

How to refuse: To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”

Alternatively, please click on the relevant opt-out link below:

Google Analytics (Google Analytics Opt Out)

Analytics and customisation cookies: These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective are marketing campaigns are, or to help us customise our Websites for you.

Serves: DMS Groups, Google Analytics

How to refuse: To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”

Alternatively, please click on the relevant opt-out link below:

Google Analytics (Google Analytics Opt Out)

Targeting/Advertising cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.

Serves: Doubleclick (www.doubleclick.net) Google Analytics (Google Analytics Opt Out)

How to refuse: To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”

To learn more about these and other advertising networks and your ability to opt out of collection by certain third party, please visit the Network Advertising Initiative Opt Out, and the Digital Advertising Alliance Opt Out.

See also specific Opt Out links below:

Google Analytics Opt Out

Alternatively, please click on the relevant opt-out link below:

Doubleclick Optout

Social networking cookies: These cookies are used to enable you to share pages and content that you find interesting on our Websites through third party social networking and other websites. These cookies may also be used for advertising purposes too.

Serves: Facebook (www.facebook.com) Twitter (www.twitter.com)

How to refuse: To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”

Alternatively, please click on the relevant opt-out link below:

Facebook Opt Out

Twitter Opt Out

Cookies are not the only way to recognise or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny graphics files that contain a unique identifier that enable us to recognise when someone has visited our Websites or opened an e-mail that we have sent them. This allows us, for example, to monitor the traffic patterns of users from one page within our Websites to another, to deliver or communicate with cookies, to understand whether you have come to our Websites from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.

Do you serve targeted advertising?

Third parties may serve cookies on your computer or mobile device to serve advertising through our Websites. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other sites in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other personally identifying details unless you choose to provide these.

How can I control cookies?

You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences by clicking on the appropriate opt-out links provided in the cookie table above.

You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.

In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.youronlinechoices.com/ or http://www.aboutads.info/choices/.

How often will you update this Cookie Statement?

We may update this Cookie Statement from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Statement regularly to stay informed about our use of cookies and related technologies.

The date at the top of this Cookie Statement indicates when it was last updated.

Where can I get further information?

If you have any questions about our use of cookies or other technologies, please email us at [email protected]

Last updated: 11-Nov-2021

General Disclaimer

All the information provided on this website is provided on an “as is” and “as available” basis and you agree that you use such information entirely at your own risk.

The DMS Groups gives no warranty or Guarantee and accepts no responsibility or liability for the accuracy or the completeness of the information and materials contained in this website. Under no circumstances will DMS Groups be held responsible or liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of information) resulting or arising directly or indirectly from your use of or inability to use this website or any websites linked to it, or from your reliance on the information and material on our DMS Groups website, webpage, and webapp even if DMS Groups has been advised of the possibility of such damages in advance.

DMS Groups website, webpage, and webapp also contains links to other third party websites. Such links are provided as an information service for the visitors, users and customers of this website. As DMS Groups has no control over third party websites, the visitors, users and customers hereby acknowledges and agrees that DMS Groups is not held responsible or liable for any content or material on such sites. In providing such links, DMS Groups does not in any way, expressly or implicitly, endorse the linked sites or resources or the respective contents thereof. The visitors, users and customers further acknowledges and agrees that DMS Groups shall not be responsible or liable, whether directly or indirectly, for any damages or loss caused or sustained by the visitors, users and customers in connection with any use or reliance on information or material obtained from third party sites.

Any media platforms that claim to represent DMS Groups are, unless officially recognised by DMS Groups, unofficial and do not represent DMS Groups views or policies. We caution that these platforms may contain outdated, inaccurate or false information. DMS Groups excludes any responsibility in connection with these platforms.

DMS Groups reserves the right to remove posts, comments or other content from the DMS Groups official media platforms that contain inappropriate or inaccurate material.

No Responsibility Disclaimer

When we created our DMS Groups website, webpage, and webapp, we wanted to be as transparent as possible with our users and customers. Everything we have created has been through hard work and dedication, With that being said, The information available through DMS Groups website, webpage, and webapp is provided solely for informational purposes on an “as is” basis at the user’s sole risk. The information is not meant to be, and should not be construed as advice. DMS Groups makes no guarantees as to the accurateness, quality, or completeness of the information and shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user’s reliance on the information.

The visitors, users and customers is solely responsible for verifying the information as being appropriate for the user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific questions a user may have.

Fair Use Disclaimer

DMS Groups website, webpage, and webapp may contain copyrighted material, the use of which may not have been specifically authorized by the copyright owner. This material is available in an effort to explain issues relevant or to illustrate the use and benefits of the products and services. DMS Groups claims no credit for any images and Video, Audio, Text, info graphic or any Content posted on this site unless otherwise noted. Use of any images and Video, Audio, Text, info graphic or any Content on DMS Groups website, webpage, and webapp are copyrighted to its respectful owners. If there is any images and Video, Audio, Text, info graphic or any Content appearing on DMS Groups website, webpage, and webapp that belongs to you and you do not wish for it to appear on DMS Groups website, webpage, and webapp, please email [email protected] with a link to said image and it will be promptly removed.

If you wish to use any copyrighted material from DMS Groups website, webpage, and webapp for purposes of your own that go beyond ‘fair use’, you must obtain expressed permission from the copyright owner.

Views Expressed Disclaimer

The views and opinion expressed in DMS Groups website, webpage or webapp are those of User and customers Content (including any that may have been created by person employed or contracted by DMS) does not necessarily reflect the opinion of DMS Groups. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to screen, edit, reinstate or remove, User and customer Content and opinions at our sole discretion for any reason or no reason, and without notice to you.

User and customer Content and opinion on Message Boards and Forums

DMS Groups website, webpage, and webapp may offer visitors, users and customers the ability to post messages on message boards, chat areas, bulletin boards, e-mail functions, forums, and other interactive areas as a part of the DMS Groups Services (collectively, "Forums"), which may be open to the public generally, to all members of the DMS Groups website, webpage, and webapp or to a select group of members to a specific Forum group. You acknowledge that all Content and Opinion posted on Forums are belong to Visitors, Users and customers, and by posting on Forums you agree to comply with the rules and restrictions on Visitors, users and customers Content set forth in out TOU and any other rules specifically applicable to such Forums, DMS Groups reserves the right, but disclaims any obligation or responsibility, to prevent you from posting visitors, users and customers Content to any Forums and to restrict or remove your visitors, users and customers Content from a Forums or refuse to include your visitors, users and customers Content in a Forums for any reason at any time, in DMS Groups sole discretion and without notice to you.

You acknowledge that messages posted on such Forums, are public and DMS Groups cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. DMS Groups is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information.

Offensive Content Disclaimer

Because community standards vary and individuals sometimes may not comply with our policies and guidelines, in the process of using DMS Groups, you may be exposed to content that you find offensive or objectionable. visitors, users and customers are encouraged to bring any Material they deem offensive or objectionable to the attention of forum moderators by using the ‘Contact Us’ Form identifying the specific material that they consider is objectionable. You will be asked to give your reasons for wanting the Material removed.

Medical and General Disclaimer

DMS Groups is committed to providing information on natural and alternative health, but is not written by health care professionals. All material provided on DMS Groups website, webpage, and webapp is for informational purposes only, and is not to be taken as medical advice or recommendation. Any health concern or condition should be addressed by a doctor or other appropriate health care professional. The information and opinions found on this website are written based on the best data available at the time of writing, and are believed to be accurate according to the best discernment of the authors or visitors, users and customers. Those who do not seek council from the appropriate health care authority assume the liability of any injury which may occur. Additionally, the opinions expressed in DMS Groups website, webpage, and webapp do not represent the views of each and every authors or contributor or visitors, users and customers to DMS Groups website, webpage, and webapp. DMS Groups is not responsible for any errors or omissions in any content herein.

Earning Disclaimer

DMS Groups from time-to-time provides various Paid Jobs, Sweep Tasks, and other Special Programs to earn money on this Website. You should Not Interpreted it As A Promise Or Guarantee Of Earnings. Earning Potential Is Entirely Dependent On you who joined in those program. We Do Not Purport This As A “Get Rich Scheme.” Any Claims Made Of Actual Earnings Or Examples Of Actual Results Can Be Verified Upon Request. Your Level Of Success In Attaining The Results Claimed In Our Materials Depends On The Time You Devote To The program, Ideas, And Techniques Mentioned, Your Knowledge And Various Skills. Since These Factors Differ According To Individuals, We Cannot Guarantee Your Success Or Income Level. Nor Are We Responsible For Any Of Your Actions. DMS Groups Earning Programs May Contain Information That Includes Or Is Based Upon Forward-Looking Statements Within The Meaning Of The Securities Litigation Reform Act Of 1995. Forward-Looking Statements Give Our Expectations Or Forecasts Of Future Events. You Can Identify These Statements By The Fact That They Do Not Relate Strictly To Historical Or Current Facts. They Use Words Such As “Anticipate,” “Estimate,” “Expect,” “Project,” “Intend,” “Plan,” “Believe,” And Other Words And Terms Of Similar Meaning In Connection With A Description Of Potential Earnings Or Financial Performance. Any And All Forward-Looking Statements Here Or On Any Of Our Sales Material Are Intended To Express Our Opinion Of Earnings Potential. Many Factors Will Be Important In Determining Your Actual Results And No Guarantees Are Made That You Will Achieve Results Similar To Ours Or Anybody Else’s, In Fact, No Guarantees Are Made That You Will Achieve Any Results From Our Ideas And Techniques In Our Material or Programs.

Interest-Based Ads & Advertising Disclaimer

Certain advertisers such as Google Adsense etc., on DMS Groups website, webpage, and webapp may use “interest-based advertising” that allows advertisers to show ads based on a visitors, users and customers previous interactions with them, such as visits to advertiser website and also to reach visitors, users and customers based on their interests (e.g., “sports enthusiast”). To develop interest categories, advertisers will recognize the types of web pages visitors, users and customers visit throughout the Google content network. As an example, if you visit a number of sports pages, Google Adsense will add you to the “sports enthusiast” interest category. Sometimes these ads are irrelevant to our website content, if any user visiting this website are get re-directed to some other kind of website or converted as a lead for legit or scam purpose or facing any problem by clicking those ads, DMS Groups is not responsible or provide any compensation for such kind of activities.

Affiliate Disclaimer

Links on DMS Groups website, webpage, and webapp may lead you to a product or service or freebies and offer that provides an affiliate commission to DMS Groups when you make a purchase. In no way does any affiliate relationship ever factor into a recommendation, or alter the integrity of the information we provide.

Please note that we have not been given any free products, services, or anything else by these companies in exchange for mentioning them on the site. The only consideration is in the form of affiliate commissions.

Product and Service Disclaimer

DMS Groups in no way endorses any of the products and services, or freebies and offer. we provide information for and does not accept responsibility for any financial or other problems or damages that arise from the use of DMS Groups website, webpage, and webapp. All products and services, or freebies and offer are the sole responsibility of the provider and any problems should be directed to them. The information provided on this website is for educational purposes only and DMS Groups does not guarantee, accept responsibility for, or provide compensation for any products and services, or freebies that are covered within this website which does not provide their promotions as stated or as a result of having become expired, due to the volatile nature of such promotions.

Freebies and Offer Disclaimer:

Samples, freebies, coupons, deals, sweepstakes, contests and offers (collectively "Offers") are subject to change. The availability of Offers we distribute may vary based on location and timing. In redeeming an Offer, you further agree to DMS Groups TOU. DMS Groups website, webpage, and webapp contains many offers from third party entities which may allow you to order, receive, or redeem various products and services by businesses that are not owned or operated by us. The delivery, guarantee, maintenance, and all other matters concerning your transactions with these businesses are solely between you and such business. DMS Groups will not be liable for the accuracy, completeness, or usefulness of such information or the availability of any offers. DMS Groups are not sponsored or endorsed by any of the third parties who provide “Offers” reflected on DMS Groups website, webpage, and webapp. The product names, logos, brands and trademarks shown are the property of the rightful owners.

Shipping and Damage, Return and Refund Disclaimer:

You acknowledge that users and visitors purchase the products and services, or Claim freebies and offer from third-party websites. Dms groups has no involvement in the execution of the transaction whatsoever and disclaims any liability in this regard to the maximum extent permitted by law. For shipping, return & refund, or for any damage kindly contact the particular third-party websites or e-commerce store customer support from where you purchase the product or services or claimed your freebies and offers.

we recommend these companies and their products based on customer review & rating, The decision is yours, and whether or not you decide to buy something is completely up to you.

Testimonials Disclaimer:

In accordance with the FTC guidelines concerning use of endorsements and testimonials in advertising, please be aware of the following:

Testimonials appearing on this site are actually received via text, audio, or video submission. They are individual experiences, reflecting real life experiences of those that have used the products and/or services in some way or another. However, they are individual results and results may vary. DMS Groups do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use the products and/or services.

Note: Past performance does not guarantee future results you should not rely on any form of information on our DMS Groups website, webpage, and webapp. use such information entirely at your own risk You are the sole responsible for any decision you make and damage caused based on the information you see here.

The testimonials presented on DMS Groups website, webpage, and webapp are applicable to the individuals writing them, and may not be indicative of future performance or success of any other individuals. DMS Groups cannot and does not guarantee results.

The testimonials displayed (text, audio, and/or video) are given verbatim except for correction of grammatical or typing errors. Some have been shortened, so that the whole message received by the testimonial writer is not displayed. This is done only when a testimonial is lengthy, or if the entire testimonial did not seem relevant for the general public.

DMS Groups is acts as a neutral venue, a connecting platform, where Users, Visitors and Customers (collectively “You”) may enter into purchase transactions You acknowledge and agree that we are not a party in the Transaction. Material shared on DMS Groups website, webpage, and webapp does not constitute any form of advice nor is it offered as such, as you assume any. please use such information entirely at your own risk You are the sole responsible for any decision you make and damaged caused based on the information you see here. As mentioned in our Disclosure page DMS Groups may have a financial relationship with some of the companies mentioned on this site, it may be compensated with a referral/commission fee. All trademarks, registered trademarks and service-marks mentioned on this site are the property of their respective owners.

How to Contact Us

Name: DMS Groups E-Mail : [email protected]

* Important Note:

Please read all DMS Groups Agreements in Legal page section carefully before accessing our Services. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Website and/or by clicking to accept or agree DMS Groups Agreements when this option is made available to you, you accept and agree to be bound and abide by DMS Groups Agreements, incorporated herein by reference and all other operating rules, policies and procedures that we may publish from time to time on the Website.

We encourage you to review DMS Groups Agreements in Legal page section periodically for any updates or changes and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it or If you do not want to agree to DMS Groups Agreements in Legal page section, you must not access or use DMS Groups website, webpage, and webapp.

By accepting to DMS Groups Agreements in Legal page section you affirm that you are 18 years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. In case you are below 18 years of age, you must not access or use DMS Groups website, webpage, and webapp.

Legal

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Legal

Kindly read all our Agreement pages in this Legal section Carefullybefore using our site to know our terms & conditions and your responsibilities

Disclosure

Terms of Use

Privacy Policy

Cookies Policy

Disclaimer

Kindly read all our Agreement pages in this Legal section Carefully
before using our site to know our terms & conditions and your responsibilities