Terms and Conditions
Introduction:
The objective of dcdealofday.com is to provide exceptional value to its customers through facilitating purchase of best-of-breed products and services at attractively discounted prices.
Dcdealofday.com is a Website which enables transactions between prospective buyers to engage in transactions for various products and services made available on the Website as an online facility. The fundamental basis for granting permission to buyers using this Website is the individual’s interest in such transactions, and this Website does not intend to influence or guide the buyers.
The word ‘The Company’ is used in this document to mean the owners of the Website. The words The Company, dcdealofday.com or Website may be used interchangeably.
Usage of this Website automatically implies the user’s willingness to accept and abide by all the terms and conditions that follow.
Eligibility:
The use of this Website is open only to adults, i.e. those persons who are 18 years old or above. Any person who is below 18 years of age is not authorized to use the Website under any circumstance.
Registration:
Every ‘eligible’ user must register his/her name and personal details before using the Website in any manner whatsoever. Registration makes a user a Member of the Website.
Qualifications for Membership:
Use of the Website is available only to persons who can form legally binding contracts under 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. are not eligible to use the Website. If the User is a minor i.e. under the age of 18 years, the User shall not register as a member of the Website and shall not purchase any items on the Website or use the Deal of the Day services. The Company reserves the right to terminate the membership of such users and/or refuse to provide such users with access to the Website if it is found that the user is not ‘eligible’ as per clause abovementioned.
Valid and True Information about User:
User Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration, buying or dealing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online publication and distribution of Your Information.
Assumption of Correctness:
Dcdealofday.com, assumes that by providing information you undertake and agree to the following terms:
- Information provided by you is true, accurate, current and complete in all aspects as on the date of your providing the same.
- You will provide the appropriate information in the headings or categories given the information form.
- As and when changes occur in the data already provided by you, you undertake to promptly edit/update/change the same in the Website dcdealofday.com.
- You agree to provide a valid address for both communication and/or delivery of goods and services through the Website.
- You will use only your own identity while browsing or using the services of the Website and not act on behalf of anybody else.
- Information provided by you shall not be fraudulent or involve any deal related to counterfeit or stolen items.
- It shall not infringe on any third party’s intellectual property right, trade secret or other proprietary rights or rights of publicity or privacy.
- It shall not directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, Dcdealofday.comdoes not permit transactions in the following items including but not limited to categories such as alcohol, drugs, etc.
- It shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
- It shall not be obscene or contain pornography or contain an ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act 1986.
- It shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
False Information:
The correctness of information on goods and services provided in the Website is the responsibility of the user and any defect in such information provided will be the sole responsibility of the user.
Any information found to be false after submitting by The Company, will automatically ‘disqualify’ you as a user of the Website and the company will be free to proceed with you as deemed fit.
Fees and Other Charges:
a. Membership on the Website is free. Dcdealofday.com does not charge any fee for browsing, buying and for use of the services on the Website. However, the User is requested to review our Fees and Payment Policy through the Website.
b. Dcdealofday.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Dcdealofday.com reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
c. Changes to the fee and payment policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
d. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
e. Taxes: The User is responsible for paying all fees associated with the use of the Website and he/she agrees to bear any and all applicable taxes, charges, cesses etc. levied thereon.
f. Non-payment Dcdealofday.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate the User’s membership of the Website and refuse to provide the User with access to the Website in case of non-payment of fees by the User to Dcdealofday.com. Dcdealofday.com also reserves the right to take legal action in case of non-payment of fees by the User to Dcdealofday.com
Transactions on the Website:
Users who place orders on the Website for any product or service will be doing so solely at their own risk and mere placing an order will not constitute a contract or confirmation of acceptance .. Further, the price of any deal on the Website will considered firm only on actual dispatch of a goods or service. Only those orders which are backed up by payment either through credit card or any other mode or based on a firm commitment to pay, as per the terms of the sale, will be considered valid for transactions.
The Website reserves the right to confirm and validate the credit card information and other details provided by the User at its own convenience, and if in some way the information is found to be untrue in whole or in part, the Website reserves the right in its sole discretion to reject the order or the registration and to debar the User from using the services.
The Company does not undertake responsibility for any transaction on the Website being cancelled, partially fulfilled, defective in delivery of a good or service, or delay in executing the transaction. The Company shall not and is not required to mediate or resolve any dispute or disagreement between Users.
The unit of currency for all transactions on the Website will be the Indian Rupee.
Cancellation and Return
Cancellation of orders and return of goods or services under whatever circumstances are not permitted. No refund will be made under whatever circumstances.
Disclaimer of Warranties and Product Liability
dcdealofday.com does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, dcdealofday.com does not implicitly or explicitly support or endorse the purchase of any items or services on the Website. dcdealofday.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Even when dcdealofday.com gains title and/or possession over any of the products for the purpose of distribution to the Users through the Website, it does not accept any responsibility or make any representation or warranty as to the attributes of the items or services sold on the Website and this clause shall be applicable mutatis mutandis.
dcdealofday.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items offered are only for a restricted time and only for the available supply.
The Website reserves the right to change, add or withdraw any service or product at short notice, at any time.
The information and services are offered on ‘as is’ basis. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Service. The Website makes no claim regarding availability, fitness for a purpose, accuracy, timeliness or reliability of any information provided through the site.
The Website would in no way be liable for any damages due to certain information not having reached the User or due to a User’s failure to read or be updated on the terms and conditions. The latest terms and conditions as displayed on the site at the time of a certain sale would be considered as applicable for the sale, over-riding any previous version of the terms and conditions.
The Website shall not be responsible for any kind of virus attack resulting from accessing this site or its server.
The Website accepts no liability for delays caused by acts of God, such as flood, fire, or other such unavoidable causes.
Time is not the essence of the obligation of the Website to supply the products sold through dcdealofday.com.
No-Warranty
dcdealofday.com and its suppliers, affiliates and service provider provide the Website and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement in respect of the products sold through the Website. You expressly agree that your use of the Website at your risk.
Limitation of Liability
In no event shall dcdealofday.com or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence).
dcdealofday.com, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, dcdealofday.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
Indemnity
The User shall indemnify and hold harmless dcdealofday.com and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the User’s breach of the User Agreement, and other Rules and Policies, or the User’s violation of any law, rules or regulations or the rights of a third party.
Relationship and Severability:
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between the User and dcdealofday.com and the User shall have no authority to bind dcdealofday.com in any manner whatsoever.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
Notices:
While the User uses the Website or send emails or other data, information or communication to dcdealofday.com, the User agrees and understands that he/she is communicating with dcdealofday.com through electronic records and that the User consents to receive communications via electronic records from dcdealofday.com periodically and as and when required dcdealofday.com will communicate with the User by email or by the Information Bar. Electronic records on the Website will be deemed adequate service of Notice / information by electronic record.
Arbitration:
If any dispute arises between the User and dcdealofday.com during the User’s use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Dcdealofday.com. The place of arbitration shall be Hyderabad in Andhra Pradesh, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
This agreement shall be interpreted according to the laws of India. The Courts at Hyderabad in Andhra Pradesh, India shall have exclusive jurisdiction in any proceedings arising out of this agreement.
General:
The Website reserves its right to add to or modify these terms from time to time when this is proved necessary for the service to remain successful.