Terms and Conditions

Last Updated: 21 June 2024

By accessing or using dotkonnekt’s website at https://dotkonnekt.com/ including any content functionality or services offered on or through https://dotkonnekt.com/ (the “Platform”) you whether as a guest or a registered user (“you” “your”) must read agree with and accept the following terms and conditions (the “Terms”) including dotkonnekt’s Privacy Policy. You also agree to any additional terms specific to the Services you use including the Payment Plan the scope of Services and any other agreements that are entered into between you and dotkonnekt’s all of which become part of your agreement with us.

If you do not agree to these Terms you must not access or use the Platform. As used in these Terms “dotkonnekt” “we” or “us” means DotKonnekt Pte. Ltd. a company incorporated in Singapore having its registered office at 68 Circular Road #02-01 049422 Singapore and includes Dotkonnekt Innovation Labs Private Limited as its subsidiary its successors legal representatives affiliates and group companies. Certain services provided by dotkonnekt are provided under the brand/trade name Sangria (https://sangria.tech/) and all such brands/trade names shall at all times be deemed to mean dotkonnekt.

1. Acceptance of the Terms

If you are accepting these Terms on behalf of a company or other legal entity you represent that you have the authority to bind such entity and its affiliates to these terms and conditions in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority or if you do not agree with these terms and conditions you must not use this Platform or any services provided by us. By using this Platform you represent and warrant that you are of legal age as per applicable law to form a binding contract with dotkonnekt if you do not meet all of these requirements you must not access or use the Platform or any services provided therein.

2. Modification of Terms

We may revise update or modify the Term from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. We will notify the revised version on our website and/or communicate it to you through the Services or email.  You are also expected to check this page from time to time so you are aware of any changes as they are binding on you. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.

3. Description of Service

Subject to these Terms you are provided with an exclusive non-transferable non-sublicensable worldwide revocable limited right to access and use the Platform (“Services”) for your internal business or for business purposes in the entity that you represent. The details of the Services that you subscribe to are provided in the Payment Plan.

4. Accessing the Platform and Account Security

We reserve the right to withdraw or amend this Platform in our sole discretion without notice. From time to time we may restrict access to some parts of the Platform or the entire Platform to users including registered users and we bear no liability in relation to this. To access the Platform or some of its resources you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct current and complete.

When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party such a third party has likely assumed an administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.

If you choose or are provided with a username password or any other piece of information as part of our security procedures you must treat such information as confidential and you must not disclose it to any other person or entity or unauthorized user. You are responsible for identifying and authenticating all users for approving access by such users for controlling against unauthorized access by users and for maintaining the confidentiality of usernames passwords and account information. You are responsible for all activities that occur under your and your users’ passwords or accounts or as a result of your or your users’ use of the Platform or to make every reasonable effort to prevent unauthorized third parties from accessing the Platform and you agree to notify dotkonnekt immediately of any unauthorized use or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username password or other identifier whether chosen by you or provided by us at any time if in our opinion you have violated any provision of these Terms.

5. Use of Platform

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

• In any way that violates any applicable central state local or international law or regulation (including without limitation any laws regarding the export of data or software to and from India or other countries).
• For the purpose of exploiting harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content asking for personally identifiable information or otherwise.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform or which as determined by us may harm dotkonnekt or users of the Platform or expose them to liability.

Additionally you agree not to:

• Use the Platform in any manner that could disable overburden damage or impair the site or interfere with any other party’s use of the Platform including their ability to engage in real-time activities through the Platform.
• Use any robot spider or other automatic device process or means to access the Platform for any purpose including monitoring or copying any of the material on the Platform.
• Use any manual process to monitor or copy any of the material on the Platform or for any other purpose not expressly authorized in these Terms without our prior written consent.
• Use any device software or routine that interferes with the proper working of the Platform.
• Introduce any viruses trojan horses worms logic bombs or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to interfere with damage or disrupt any parts of the Platform the server on which the Platform is stored or any server computer or database connected to the Platform.
• You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful defamatory harassing libelous invasive of another’s privacy abusive threatening harmful vulgar pornographic obscene or otherwise objectionable offends religious sentiments promotes racism contains viruses or malicious code or that which infringes or may infringe the intellectual property or other rights of another. Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platform.

We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

6. User Generated Content

Any content data or information uploaded stored posted or generated by the User while using the Services or any content generated for the User by us pursuant to the Services is and will remain the property of the User. However you grant dotkonnekt a non-exclusive worldwide royalty-free license to use store and display such content to improve the Services and/or Platform.

7. Confidentiality

Confidential Information: Subject to the limitations outlined in clause b of this section all information disclosed by one party to the other party during the term of this Terms that is identified in writing at the time of disclosure as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of the disclosure whether in oral written graphic or electronic form shall be deemed to be "Confidential Information". The existence and terms of these Terms are Confidential Information of both parties.

Exceptions: Information will not be considered Confidential Information if the receiving party can establish by documentary evidence that the information is or was a) publicly available through no act or omission of the receiving party; b) in the receiving party’s lawful possession prior to disclosure by the disclosing party and not obtained either directly or indirectly from the disclosing party; c) lawfully disclosed to the receiving party by a third party without restriction on disclosure; or d) independently developed by the receiving party without use of or access to the disclosing party's Confidential Information.

Nondisclosure: The parties agree both during the term of these Terms and for a period of 2 (two) years (and concerning Confidential Information that is: (a) a trade secret for an indefinite period and (b) personal data for the period required by applicable law) after its termination to hold each other's Confidential Information in confidence and not to disclose such information in any form to any third party without the express written consent of the disclosing party except to employees and service providers performing services for the benefit of the receiving party who are under a written non-disclosure agreement protecting the applicable Confidential Information in a manner no less restrictive than these Terms. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of these Terms. A receiving party facing legal action to disclose Confidential Information of the disclosing party shall to the extent permitted promptly notify and provide the disclosing party the opportunity to oppose such disclosure or obtain a protective order and shall continue to treat such information as Confidential Information. This section shall not be construed as granting or conferring any rights to either party by license or otherwise expressly or implicitly to any Confidential Information.

8. Intellectual Property Rights

The Platform and its entire contents features and functionality (including but not limited to all information software applications code algorithms text displays images video audio the design selection and arrangement thereof) are owned by dotkonnekt its licensors or other providers of such material. You must not:

• Modify copies of any materials from this Platform and/or website operated by Dotkonnekt (other than the User Generated Content as provided in Section 6)
• Use any illustrations photographs video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright trademark or other proprietary rights notices from copies of materials from this site.
• Reverse engineer decompile disassemble or attempt to derive the source code from the Services.
• Use the Services for any unlawful or unauthorized purpose.
• Create derivative works based on the Services.

By accepting these Terms you acknowledge and agree to a limited non-exclusive non-transferable and revocable license to use the Services for their intended purpose subject to compliance with these Terms.

If you print copy modify download or otherwise use the Platform in breach of the Terms your right to use the Platform will stop immediately and you must at our option return or destroy any copies of the materials you have made. No right title or interest in or to the Platform or any content on the Platform is transferred to you and all rights not expressly granted are reserved by dotkonnekt. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright trademark and other laws.

9. Feedback

You hereby grant to dotkonnekt a perpetual non-exclusive worldwide sublicensable and royalty-free license to modify distribute and otherwise use any suggestions ideas enhancement requests feedback recommendations or other information or ideas provided by you or any third party on behalf of you relating to the Platform or any of dotkonnekt’s current and future products and services.

10. Monitoring and Enforcement

We have the right to:

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights including their intellectual property rights or their right to privacy.
• Take appropriate legal action including without limitation referral to law enforcement for any illegal or material breach of these Teams or unauthorized use of the Platform.
• Terminate or suspend your access to all or part of the Platform for any or no reason including without limitation any violation of these Terms.

Without limiting the foregoing we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS DOTKONNEKT AND ITS AFFILIATES LICENSEES AND SERVICE PROVIDERS (IF ANY) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

11. Reliance on Information Posted

The information that is presented on or through the Platform on an ‘as is’ basis and we do not warrant the accuracy completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform or by anyone who may be informed of any of its contents.

12. Information About You and Your Visits to the Platform

All information you provide to register with this Platform and/or we collect from you on this Platform is subject to our Privacy Policy. By using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

13. Linking to the Platform and Social Media Features

You may link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it but you must not establish a link in such a way as to suggest any form of association approval or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.

14. Links from the Website

If the Platform contains links to other sites and resources provided by third parties these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. Disclaimer of Warranties

Except as outlined in these Terms the Services and/or Platform are provided “as is”. We disclaim all warranties whether express implied statutory or otherwise disclaim all warranties including any implied or express warranties (i) of merchantability satisfactory quality fitness for a particular purpose non-infringement or quiet enjoyment (ii) arising out of any course of dealing or usage of trade (iii) that access and usage of the Platform will be uninterrupted error-free or free of harmful components and (iv) that any data of the Client will be secure or not otherwise lost or altered. We do not warrant that the Platform or use thereof will achieve any sales performance requirements of Client or any outcomes or results except as expressly agreed herein in writing between the Parties if any.

16. Limitation of Liability

To the fullest extent permitted by law in no event will dotkonnekt or you respective affiliates licensors service providers employees agents officers or directors of either party be liable for damages of any kind under any legal theory arising out of or in connection with your use or inability to use any Services any direct indirect special incidental consequential or punitive damages including but not limited to personal injury pain and suffering emotional distress loss of revenue loss of profits loss of business or anticipated savings loss of use loss of goodwill loss of data and whether caused by tort (including negligence) breach of contract or otherwise even if foreseeable.

In no event shall the liability of any party be liable for any claims proceedings liabilities obligations damages losses or costs in an aggregate amount exceeding the payment received by dotkonnekt for a period of 12 months before the notice regarding the liability is received.

Notwithstanding the aforesaid there shall be no limitation that will apply to: (i) your payment obligations under this Agreement (ii) your breach of the confidentiality obligations; and (iii) your breach of the obligations concerning the Intellectual Property Rights as provided in these Terms.

17. Indemnification

Subject to the limitation of liability provision above you agree to indemnify and hold harmless dotkonnekt its officers directors employees suppliers licensors service providers contractors agents suppliers successors assigns and affiliates from and against any losses liabilities damages awards judgments fines and expenses (including attorney’s fees and costs) arising out of or relating to your use of Services in violation of another party’s rights violation of any law violations of any provisions of the Terms or any other claim related to your use of the Services Platform including but not limited to your use of the Platform’s content services and products other than as expressly authorized in these Terms or your use of any information obtained from the Platform.

18. Term and Termination

The term of these Terms will commence on the date you access the Platform and/or avail of Services (whichever is earlier) and shall continue in full force till later of (i) you have stopped accessing the Platform OR (ii) all subscriptions availed by you in accordance with these Terms have expired or been terminated as per this Section 18. Without limiting any right or remedy available to either party either party may terminate these Terms by giving a prior written notice of 30 (Thirty) Days; OR effective on written notice to the other party if the other party materially breaches these Terms and such breach remains uncured for thirty (30) days or longer after the non-breaching party provides the breaching party with written notice of such breach. Provided you shall be liable to pay the Subscription Payment for the use of the Services till the date of termination. We may suspend your user account or temporarily disable access to the whole or part of any Service in the event of any suspected illegal activity extended periods of inactivity or requests by law enforcement or other government agencies. Objections to the suspension or disabling of user accounts should be made within 30 (thirty) days of being notified about the suspension. We may terminate a suspended or disabled user account after the expiry of the said 30 (thirty) days.

You also understand and agree that dotkonnekt reserves all rights to immediately terminate/remove your membership and access to this Platform or any services provided by dotkonnekt without prior notice and showing any reason if it suspects breaches or violations of these Terms or other incorporated agreements/guidelines or requests by law enforcement or other government agencies or unexpected technical issues or problems or any other reason that dotkonnekt reasonably believes good for such termination/removal. You further understand and agree that all terminations shall be made in dotkonnekt’s sole discretion and that dotkonnekt shall not be liable to you nor any third party for any termination of your account or access to this Platform.

19. Payment Plan

You agree to pay the subscription payment as per the Payment Plan. Except as otherwise expressly provided in the Payment Plan the payments are non-refundable. If the payment is not received by dotkonnekt when due without prejudice to dotkonnekt’s rights under law or equity Customer shall pay interest on any outstanding Amounts Due at the rate of one and one half (1.5%) percent per month compounded monthly from the date the payment of such amounts is due until such payment of plus any accrued interest is paid in full as well as all costs related to the collection of overdue amounts including reasonable attorney’s fees.

The subscription payment is exclusive of all taxes levies duties or similar governmental assessments of any nature (“Taxes”). Client is responsible for paying all Taxes associated with Client availing the Services and/or access to the Platform hereunder. Taxes shall not be deducted or withheld from the payments to dotkonnekt except as required by law in which case the amount payable to dotkonnekt shall be proportionately increased to ensure that the payment made to the dotkonnekt post the required deductions is equal to the amount it would have received as if no such deductions had been made.

20. No Set-Off

Neither party will have any right to set off discount or otherwise reduce or refuse to pay any amounts due to the other party under these Terms for any reason.

21. Effect of Termination

Upon termination of these Terms: (a) you shall pay the amounts due as per the Payment Plan up to and including the effective date of the termination; (b) the license granted by dotkonnekt will terminate; (b) You will and will cause your representatives to immediately cease using the Platform and will destroy all copies of all documentation or other content provided by dotkonnekt hereunder (other than the User Generated Content as provided in Section 6); (d) dotkonnekt will have no further obligation to provide access to the Platform or any content; () You will pay any unpaid fees and (e) each party will return or destroy all copies of Confidential Information of the other party ( per the other party’s direction). Further you agree that upon the expiration or termination of the Terms some or all of the Services may cease to operate without prior notice. Your fees and payment obligations our intellectual property rights your indemnification obligations our warranty disclaimers and limitations of liabilities confidentiality dispute resolution governing law waiver and severability stated in the Terms will survive.

22. Dispute Resolution and Governing Law

If you are outside India: All disputes arising out of or in relation to these Terms shall be determined by a sole arbitrator mutually appointed by both parties. The arbitration shall be conducted in accordance with the Arbitration Rules of the Singapore International Arbitration Centre. The arbitration shall take place in English. The seat and venue of the arbitration shall be Singapore. Each party shall bear its expenses and costs concerning the arbitral proceedings unless otherwise stated in the award. You accept that any claims arising against dotkonnekt shall be subject to the exclusive jurisdiction of the courts in Singapore and the laws of Singapore shall apply therein.

If you are in India: All disputes arising out of or in relation to these Terms shall be determined by a sole arbitrator mutually appointed by both parties. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act 1996. The arbitration shall take place in English. The seat and venue of the arbitration shall be Bangalore India. Each party shall bear its expenses and costs concerning the arbitral proceedings unless otherwise stated in the award. You accept that any claims arising against dotkonnekt shall be subject to the exclusive jurisdiction of the courts in Bangalore India and the laws of Bangalore shall apply therein.

23. Remedies

Your and our rights and remedies hereunder are cumulative except as provided herein. Any breach of these Terms relating to Confidentiality and Proprietary Rights will constitute irreparable harm to the other party for which monetary damages would be inadequate and accordingly such party may seek injunctive relief or any appropriate remedy available under applicable law.

24. No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and nothing herein is intended to or shall confer upon any other person any legal or equitable right benefit or remedy of any nature whatsoever under these Terms.

25. Force Majeure

Neither party will be liable for damages or have the right to terminate these Terms for any delay or default in performing hereunder (except for failure to timely pay) if such delay or default is caused by conditions beyond its reasonable control including acts of God government restrictions (including the denial or cancellation of any export or other necessary license) acts of terrorism wars or insurrections.

26. Independent Contractors

The parties are independent contractors and these Terms will not be construed to create a partnership joint venture agency or employment relationship. Neither party nor any of their respective Affiliates is an agent of the other for any purpose or has the authority to bind the other. You will not misrepresent or embellish the relationship between yourself and dotkonnekt (including by expressing or implying that dotkonnekt supports sponsors endorses or contributes to you or your business endeavors).

27. Entire Agreement

The Terms our Privacy Policy and Payment Plans constitute the sole and entire agreement between you and dotkonnekt regarding the Platform and supersede all prior and contemporaneous understandings agreements representations and warranties both written and oral regarding the Platform. Any pre-printed terms on any of your purchase orders will not affect the terms of these Terms and are hereby rejected.