terms and condition

Terms & Conditions 1. Introduction

Welcome to Dustwon Technology ("we", "us", "our"). By accessing or using our website, mobile application, or any other related services (collectively, the "Services"), you agree to comply with and be bound by the following Terms & Conditions. If you do not agree to these terms, you may not use our Services.

2. Eligibility

To use our Services, you must be at least 18 years of age or the legal age of majority in your jurisdiction. By using our Services, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement.

3. Account Registration

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account.

4. Use of Services 4.1 Permitted Use

You may use the Services only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Services:

  • In any way that violates any applicable local, state, national, or international law or regulation.
  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
  • To impersonate or attempt to impersonate Dustwon Technology, a Dustwon Technology employee, another user, or any other person or entity.

4.2 Prohibited Use

You agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.
  • Use any robot, spider, or other automatic devices, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

5. Marketplace for Used Websites 5.1 Listing Websites

Website owners may list their websites for sale on our platform. By listing a website, you represent and warrant that you have the right and authority to sell the website and that the website is free of any liens, encumbrances, or legal issues.

5.2 Purchasing Websites

Buyers are responsible for conducting their due diligence before purchasing a website. Dustwon Technology does not guarantee the accuracy, completeness, or legality of any website listed for sale and is not responsible for any issues that may arise after the sale.

5.3 Transactions

All transactions on the marketplace are final. Dustwon Technology is not responsible for any disputes between buyers and sellers. We recommend that both parties take appropriate legal and financial precautions before completing a transaction.

6. Intellectual Property 6.1 Ownership

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Dustwon Technology, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 License

Subject to your compliance with these Terms & Conditions, Dustwon Technology grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business use.

6.3 Restrictions

You may not:

  • Modify, copy, distribute, or create derivative works based on the Services.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

7. Promoter Program 7.1 Commission Rates

Commission rates for promoters may vary depending on product margins and market conditions. Dustwon Technology reserves the right to adjust commission rates at any time without prior notice. Additionally, recurring income commission rates will decrease over time.

7.2 Deductions

All commissions are subject to applicable taxes, administrative fees, and TDS (Tax Deducted at Source). Promoters are responsible for any additional taxes or fees required by law.

7.3 Benefits

Promoters are eligible for benefits including free training, free insurance, free consultancy, career growth opportunities, family security, and income. These benefits are subject to change at the discretion of Dustwon Technology.

8. Financial Growth Program

Dustwon Technology offers a program where a portion of the profit from customer purchases is invested in various financial instruments such as the stock market, bonds, and mutual funds. These investments are managed by Dustwon Technology and do not require any financial contribution from the customer. Returns are long-term and are distributed to customers based on their subscription plans. Dustwon Technology does not guarantee specific returns and is not liable for any financial loss.

9. Termination

Dustwon Technology reserves the right to terminate or suspend your account and access to the Services at our sole discretion, without notice, for conduct that we believe violates these Terms & Conditions or is harmful to other users of the Services, us, or third parties, or for any other reason.

10. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Dustwon Technology does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.

11. Limitation of Liability

To the fullest extent permitted by law, in no event will Dustwon Technology, its affiliates, or their licensors,

service providers, employees, agents, officers, or directors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  1. Your use of or inability to use the Services.
  2. Any unauthorized access to or use of our servers and/or any personal information stored therein.
  3. Any interruption or cessation of transmission to or from the Services.
  4. Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Services by any third party.
  5. Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Services during the last twelve (12) months.

 

12. Software and Website License Key Extensions

Customers who purchase software or website services from Dustwon Technology may be required to pay additional fees for extended plans or extra charges related to license keys. These charges may apply if you wish to extend the duration of your license, add more features, or increase the capacity of your software or website beyond the initial terms of your purchase. Dustwon Technology reserves the right to determine the pricing and availability of these extended plans or additional features.

13. Licensing Requirements

If a license is required for any software or service provided by Dustwon Technology, customers can obtain the necessary license by paying an additional fee. This ensures that customers have the appropriate legal rights to use the software or service in accordance with the terms of the license. Dustwon Technology will inform customers if a license is applicable and provide details on how to obtain it.

14. Payment Terms

All payments for services, software, or products provided by Dustwon Technology must be made in full and in accordance with the payment terms outlined at the time of purchase. Payments may include, but are not limited to, one-time fees, subscription fees, or fees for additional features or services.

14.1 Payment Methods

Dustwon Technology accepts various forms of payment, including credit/debit cards, online payment gateways, and bank transfers. The specific payment methods available will be provided during the checkout process.

14.2 Late Payments

In the event of late or missed payments, Dustwon Technology reserves the right to charge interest on the outstanding amount at the maximum rate permitted by law. We may also suspend or terminate your access to the Services until all outstanding payments are made.

14.3 Refunds and Cancellations

Refunds and cancellations are subject to the specific terms and conditions applicable to the product or service purchased. Please refer to our Refund Policy for more details.

15. Subscription Services

Certain services provided by Dustwon Technology may be offered on a subscription basis. By subscribing, you agree to pay the subscription fees specified at the time of your initial purchase and any applicable taxes.

15.1 Automatic Renewal

Subscriptions may automatically renew at the end of the subscription period unless you cancel your subscription before the renewal date. The renewal terms and fees will be communicated to you before the renewal occurs.

15.2 Subscription Changes

You may upgrade or downgrade your subscription plan at any time by contacting Dustwon Technology. Any changes to your subscription plan may affect the fees payable and the features available to you.

15.3 Subscription Cancellation

You may cancel your subscription at any time. However, no refunds will be issued for any unused portion of a subscription period unless specifically stated in our Refund Policy.

16. User-Generated Content

Our Services may allow users to submit, upload, or otherwise make available content, including but not limited to text, images, videos, and comments ("User-Generated Content"). By submitting User-Generated Content, you grant Dustwon Technology a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

16.1 Responsibility for Content

You are solely responsible for the User-Generated Content you submit. You represent and warrant that you own or have the necessary rights to the content you provide and that it does not infringe the intellectual property rights, privacy rights, or any other rights of any third party.

16.2 Content Removal

Dustwon Technology reserves the right, but is not obligated, to monitor, review, or remove User-Generated Content at its sole discretion. We may remove content that violates these Terms & Conditions or is otherwise objectionable.

17. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information when you use our Services. By using our Services, you consent to the collection and use of your personal information as outlined in our Privacy Policy.

18. Third-Party Services

Our Services may include links to or integration with third-party websites, applications, or services ("Third-Party Services"). These Third-Party Services are not under the control of Dustwon Technology, and we are not responsible for their content, functionality, or practices.

18.1 Use of Third-Party Services

Your use of Third-Party Services is at your own risk and subject to the terms and conditions of the respective third-party provider. We encourage you to read the terms and conditions and privacy policies of any Third-Party Services you use.

18.2 No Endorsement

The inclusion of any Third-Party Services on our platform does not imply endorsement by Dustwon Technology. We are not responsible for any loss or damage that may arise from your use of Third-Party Services.

19. Limitation of Liability

To the maximum extent permitted by law, Dustwon Technology and its affiliates, licensors, service providers, employees, agents, officers, or directors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of the Services.

19.1 Liability Cap

In no event shall Dustwon Technology's total liability to you for all damages, losses, and causes of action exceed the amount you paid to Dustwon Technology, if any, for accessing or using the Services during the twelve (12) months preceding the event giving rise to the liability.

20. Governing Law and Dispute Resolution

These Terms & Conditions and your use of the Services are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

20.1 Dispute Resolution

Any disputes arising out of or related to these Terms & Conditions or the Services shall be resolved through binding arbitration in accordance with the rules of the Indian Arbitration and Conciliation Act, 1996. The arbitration shall take place in Pune, Maharashtra, and the language of arbitration shall be English.

20.2 Jurisdiction

Subject to the arbitration provision above, you agree to submit to the personal jurisdiction of the courts located in Pune, Maharashtra, for any actions not subject to arbitration.

21. Seller Registration and Eligibility

To sell products or services on Dustwon Technology’s platform, sellers must complete the registration process and meet the eligibility criteria set forth by Dustwon Technology.

21.1 Accurate Information

Sellers are required to provide accurate and complete information during registration, including business name, contact details, and any other necessary documentation. Dustwon Technology reserves the right to verify the information provided and may reject or terminate the registration of sellers who fail to meet the eligibility criteria or provide false information.

21.2 Compliance with Laws

Sellers must comply with all applicable local, state, national, and international laws, regulations, and standards when using the platform to sell products or services. It is the seller's responsibility to ensure that all products or services offered for sale meet the legal and regulatory requirements.

22. Product Listings

Sellers are responsible for creating and managing their product listings on the Dustwon Technology platform. This includes ensuring that product descriptions, prices, images, and other relevant information are accurate and up to date.

22.1 Prohibited Products

Sellers may not list products that are illegal, counterfeit, or otherwise prohibited by Dustwon Technology. The platform may have specific guidelines regarding the types of products or services that can be sold. Dustwon Technology reserves the right to remove or suspend listings that violate these guidelines.

22.2 Product Availability

Sellers must ensure that the products listed on the platform are available for sale and can be delivered to customers within the specified time frame. In the event of stock shortages or delays, sellers must promptly update their listings and notify customers of any changes.

23. Pricing and Payments

Sellers are responsible for setting the prices of their products or services on the platform. All prices must be clearly displayed and inclusive of any applicable taxes.

23.1 Price Accuracy

Sellers must ensure that the prices listed on the platform are accurate and do not include hidden fees. If a pricing error occurs, the seller must notify Dustwon Technology and the affected customers immediately.

23.2 Payment Processing

Dustwon Technology will facilitate the payment process between sellers and customers. Payments will be processed through the platform’s payment gateway, and funds will be transferred to the seller's designated account after deducting any applicable fees or commissions.

24. Shipping and Delivery

Sellers are responsible for shipping and delivering products to customers in a timely and efficient manner. Sellers must use reliable shipping methods and provide accurate tracking information to customers.

24.1 Shipping Costs

Sellers may charge customers for shipping, but the costs must be clearly stated at the time of purchase. Dustwon Technology may offer guidelines on shipping rates and methods to ensure consistency across the platform.

24.2 Delivery Timeframes

Sellers must adhere to the delivery timeframes specified in their product listings. If there are delays or issues with delivery, sellers must promptly communicate with customers and provide updates.

25. Returns and Refunds

Sellers must establish and communicate clear return and refund policies for their products or services. These policies must comply with Dustwon Technology's platform guidelines and applicable consumer protection laws.

25.1 Refund Processing

If a customer requests a refund, the seller must process the request in accordance with their stated return policy. Refunds must be issued promptly and in the original payment method whenever possible.

25.2 Return Shipping

If a product is eligible for return, the seller may require the customer to pay for return shipping, unless the return is due to a defect or error on the part of the seller. The seller must clearly state their return shipping policy in the product listing.

26. Seller Fees and Commissions

Sellers may be required to pay fees or commissions to Dustwon Technology for using the platform to sell products or services. These fees may include listing fees, transaction fees, and commission rates on sales.

26.1 Fee Structure

The fee structure will be outlined in the seller's agreement or during the registration process. Dustwon Technology reserves the right to change the fee structure at any time, with prior notice to sellers.

26.2 Payment of Fees

Sellers are responsible for paying all fees and commissions owed to Dustwon Technology in a timely manner. Failure to pay these fees may result in the suspension or termination of the seller's account.

27. Seller Conduct and Responsibilities

Sellers must conduct themselves professionally and ethically while using the Dustwon Technology platform. This includes treating customers with respect, providing accurate information, and fulfilling orders as promised.

27.1 Customer Service

Sellers are expected to provide high-quality customer service, including timely responses to customer inquiries and resolving any issues or disputes that may arise.

27.2 Prohibited Conduct

Sellers are prohibited from engaging in any conduct that could harm the reputation of Dustwon Technology or other users of the platform. This includes but is not limited to fraudulent activities, misrepresentations, or attempts to manipulate reviews or ratings.

28. Intellectual Property Rights

Sellers must respect the intellectual property rights of others when listing products or services on the platform. This includes avoiding the sale of counterfeit goods or products that infringe on trademarks, copyrights, or patents.

28.1 Use of Dustwon Technology Branding

Sellers may not use Dustwon Technology’s name, logo, or branding without prior written permission. Any authorized use must comply with Dustwon Technology's branding guidelines.

28.2 Intellectual Property Violations

If Dustwon Technology receives a complaint or notice of intellectual property infringement, the seller's listing may be removed, and the seller's account may be suspended or terminated.

29. Account Suspension and Termination

Dustwon Technology reserves the right to suspend or terminate a seller's account for violations of these Terms & Conditions or any other agreements with Dustwon Technology.

29.1 Grounds for Suspension

Grounds for suspension may include, but are not limited to, non-payment of fees, violations of platform policies, poor customer service, or legal disputes.

29.2 Notice of Suspension

In the event of account suspension, Dustwon Technology will provide notice to the seller, along with the reasons for the suspension and any steps that may be taken to resolve the issue.

29.3 Account Termination

Dustwon Technology may terminate a seller's account if the issues leading to suspension are not resolved or if the seller engages in repeated or severe violations of platform policies.

30. Dispute Resolution Between Sellers and Customers

Disputes between sellers and customers should be resolved in a fair and timely manner. Dustwon Technology may offer mediation services or guidelines to assist in resolving disputes, but the ultimate responsibility lies with the seller.

30.1 Dispute Handling

Sellers must respond to customer complaints or disputes promptly and make a good faith effort to resolve the issue.

30.2 Mediation and Arbitration

If a dispute cannot be resolved directly between the seller and customer, Dustwon Technology may offer mediation services. In cases where mediation fails, the dispute may be referred to arbitration, as outlined in the Governing Law and Dispute Resolution clause of these Terms & Conditions.

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