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This document is an electronic record in terms of applicable Information Technology laws and the amended provisions thereto pertaining to electronic records in various allied statutes as amended pursuant to the Information Technology laws. This electronic record has been generated by a computer system and does not require any authentication.
1.1 www.Thedealsindia.com (Hereinafter referred to as the ‘Website’) is an internet based e-commerce portal registered in the name of and being operated by Deals on Door services private limited, a company incorporated under the Companies Act, 1956, having its registered office at 2 Ram Mohan Rai marg Lucknow- 226001 , branch office - New Delhi and is hereinafter referred to as the “Company”.
1.2 The use of the Website, is subject to the terms of the instant legal agreement.
1.3 Through this e-commerce portal, the Company enables the Users of the Website, to purchase various kinds of merchandise including clothes and all kinds of accessories of leading brands (Hereinafter referred to as ‘Services’). Upon placing an order, the Company ships the selected product to the User at the address specified by the User upon making the payment through the payment gateway.
1.4 The following terms and conditions will be deemed to have been accepted by the User, on mere usage of the Website and hence the User is required to read them carefully before using the services on the website, www.Thedealsindia.com.
2.1 The term ‘User’/ ‘You’ shall refer to the person who is browsing the said Website and the expression ‘your’ shall be construed accordingly. The expression ‘You’ and ‘User’ are used interchangeably and shall mean one and the same thing.
2.2 The term ‘Company’ shall refer to deals on Door service private limited. and shall include its affiliates.
2.3 The term ‘Website’ refers to www.Thedealsindia.com and other websites owned and monitored by the Company
3. USER ACCOUNT
3.1 Every User shall have an option to register as a member by completing the step by step, self explanatory registration process contained on the Website.The User shall be provided a password at the stage of completion of the registration process. The User is required to ensure the confidentiality of the password and the account and shall be responsible for all activities/transactions done through its account and shall not hold the Company liable in any way for any misappropriation of information or loss, direct or indirect, caused to the User owing to the negligence in handling of the account. The User is required to notify the Company with immediate effect, in the event any unauthorized access, is gained into the User’s account.
3.2 There is no fee to register as a member to the Website. However, the Company, at its sole discretion, reserves the right to make the registration on the Website, subject to such fee and for such term as the Company deems fit.
3.3 All members shall be provided additional benefits compared to other Users of the Website. Such benefit/s shall be mentioned on a conspicuous place on the Website and may be modified/amended/withdrawn by the Company at its sole discretion.
4. ELIGIBILITY OF MEMBERS
4.1 Use of the Company’s Website is available only to persons who are competent to contract under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents etc etera. are not eligible to use the Company’s Website. If the User is a minor i.e. under the age of 18 years, he/she shall not register as a member of the Company and shall not transact or use the Company’s website. As a minor if the User wishes to use or transact using the Company’s website, such use or transaction may be made by his/her legal guardian or parents who have registered as users of the Company. Company reserves the right to terminate the User’s membership and refuse to provide access to the Website, if it is brought to the Company’s notice or if it is discovered that he/she is under the age of 18 years.
6. USER COVENANTS
6.1 You agree and undertake to use the Website and the services provided therein only to post and upload messages and material that are proper. Notwithstanding the generality of the above expression, you undertake not to use the Website in any manner to:
i. Send, transmit, host, publish, upload nor cause to be so done, any information that is grossly offensive or has a menacing character or, which the user knows to be false, butstill sends, transmits, hosts, publishes, uploads for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, to any person/s.
ii. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, racist, pornographic, obscene, indecent or unlawful topic, name, material or information;
iii. defame, abuse, harass, stalk, threaten, annoy, upset or otherwise violate the legal rights of others;
iv. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
v. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
vi. conduct or forward surveys, contests, pyramid schemes or chain letters, mass letters or ‘spamming’;
vii. download any file posted by another user of the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
viii. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
ix. violate any code of conduct or other guidelines, which may be applicable for or to any particular service;
x. violate any applicable laws or regulations for the time being in force in or outside India;
xi. violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein;
xii. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
7.1 The Company may terminate a User's access at any time without assigning any reason if it believes, that the User has breached any terms of the present terms and conditions.
7.2 If the Company terminates your use of the Website or any service offered therein, the Company may delete any content or other materials relating to your use of the Website and it shall have no liability to you or any third party for doing so.
7.3 You shall be liable to pay for any Service availed till the time of Termination by the Company.
7.4 The provisions regarding Disclaimer and Indemnification shall survive such termination.
9.1 Despite best efforts, a small number of the many hundreds of items in the catalogue on the Website may be mispriced. However, the prices are verified by the Company as part of dispatch procedures.
If an item's correct price is lower than the Company’s stated price, the Company charge the lower amount and sends the item.
If a product's correct price is higher than the Company’s stated price, the Company will cancel the order and notify the user of that cancellation.
10.1 Title and risk of loss for all products ordered by the User shall pass on to the User upon the Company’s shipment to the shipping carrier.
11. INTELLECTUAL PROPERTY
11.1 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned all Intellectual Property Rights( including but not limited to copyright, patent, design and trademark), contained on any work/design/logo/device(or a combination of one or more),on or used on the website, including without limitation , any idea, plans, concepts, suggestions, programs, presentations, financial workings, information, data, reports, studies, object modules, executable, source code, hyperlinks, meta tags, flow charts, diagrams, images, graphics, ,video and audio and other tangible or intangible material; belong to the Company , which is the sole owner of the said work/design/logo/devise and has all rights by virtue of such ownership to inter alia use, execute, reproduce, display, perform, distribute, prepare derivative works and assign the said work/design/logo/device to the exclusion of all.
11.2 No material from this site may be copied, modified, reproduced, republished, uploaded, transmitted, adopted, posted or distributed in any form whatsoever without prior written permission from the Company. All rights not expressly granted herein are reserved. Unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws, and could result in criminal and/or civil actions. is a registered trademark of the Company. This trademark may not be used in any manner without prior written consent/license/authorization from the Company.
12.1 The documents and graphics on this website could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company may make improvements and/or changes herein at any time. The Company makes no representations about the accuracy of the information contained in the documents and graphics on this web site for any purpose. All documents and graphics are provided on "as is" and “as available” basis. The Company hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for any particular purpose, title and non-infringement. In no event, the Company and/or its distributor/vendor/agent/employee/or any person associated with it in a like manner shall be liable to any person for any direct, indirect, special or other consequential damages for any use of the site, the information, or on any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if the Company is expressly advised of the possibility of such damages.
12.2 The Company does not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to any product, including the exactness as to the finish and appearance of the final Product as ordered by the user.The Product received may be different from the image of the Product ordered on the Website.The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, color etcetera may be required due to limitations caused by availability of product difference in size charts of respective brands etcetera. In such an eventuality you agree that a representative from the Company will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. The Company may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.
12.3 The information contained in the Website has been obtained from sources believed to be reliable. The Company disclaims all warranties as to the accuracy, completeness or adequacy of such information.
12.4 The Company makes no warranty that:
a) the Website will meet your requirements;
b) the Website will be available on an uninterrupted, timely, secure, or error-free basis;
c) the products that may be obtained from the use of the Website or any services offered through the Website will be accurate or reliable.
13. DELIVERY COMMITMENT
13.1 Subject to the provisions contained in clause 12.2 in relation to alteration to an order the Company provides a delivery guarantee of 15 working days from the date of placing the order.
14. 30 Day Exchange and Replacement Policy
14.1 If the User is not satisfied with the fit of the Product ordered, the Company will be happy to exchange the same with the size (or color) of the Users choice, subject to availability of the product on the Website.
14.2 The Company’s 30 Day Replacement Guarantee covers all physical products sold on the Website. If you realize you have a defective product you have a 30-day window to return the product to us for a replacement.
15. THIRD PARTY WEBSITES
15.1 The Company does not accept any responsibility towards the contents and/or information practices of third party websites which have links through the Company's Website. The said links to internal or external web site locations are only for the purpose of facilitating your visit or clarify your query.
15.2 The Website provides links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Website. You agree that the Company is not responsible for the availability of, and content provided on, third party websites. The User is requested to peruse the policies posted by other websites regarding privacy and other topics before use. The Company is not responsible for third party content accessible through the Website, including opinions, advice, statements and advertisements and User shall bear all risks associated with the use of such content. The Company is not responsible for any loss or damage of any sort that a User may incur from dealing with any third party.
17.1 The Company shall have no responsibility for any damage to a User's computer system or loss of data that results from the download of any content, materials, information from the Website.
17.3 In no event will the Company be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for defective products, interruption and loss of information) arising out of the use of or inability to use the Website, or any service or information provided on the Website, or with the Products ordered through the Website.
18.1 Unless expressly provided otherwise by the Company, all comments, feedback, information or materials submitted to the Company through or in association with the Website shall be considered non-confidential and the Company's property. By submitting such comments, feedback, information or materials to the Company, the visitor of the Website agrees to a no-charge assignment to the Company of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. The Company shall be free to use, copy, publish or distribute such comments, feedback, information or materials on an unrestricted basis without accounting to the visitor of the Website.
19. PERMISSION TO USE INFORMATION/ MATERIALS ON THIS WEBSITE
19.1 Permission is hereby granted to electronically copy and to print in hard copy, limited portions of the materials published by the Company in this Website for the sole purpose of using material/information contained therein for Personal Informational and non-commercial use only. Except in connection with Personal Informational and non-commercial use, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, adopted, recorded, in any manner mirrored, photocopied, or reproduced without the prior written permission of the Company or the applicable copyright owner. Any other use of materials/ information on this Website, including any commercial use, reproduction for purposes other than that noted above, modification, distribution, or republication without the prior written permission of the Company is strictly prohibited and may violate copyright , trademark and other Intellectual Property Laws.
20. GOVERNING LAW AND JURISDICTION:
20.1 This Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties hereto shall be governed by the laws of India.
20.2 Any dispute arising out of the use of this website or in connection therewith shall be governed by Laws of India and New Delhi Courts shall have exclusive jurisdiction to resolve any such dispute.
20.3 The Company encourages resolution of all disputes at the first instance with the Grievance Officer mentioned in Clause 22, herein