Dealeveryday Terms of use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.Dealeveryday.in website.

The domain name www.Dealeveryday.in (hereinafter referred to as “Website”) is owned by Brainmedia International, a proprietor ship firm with registered office at 13, Royd Street, Kolkata – 700016 (hereinafter referred to as ” Dealeveryday “).

Please read these conditions carefully before using the Dealeveryday website. Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Dealeveryday and these terms and conditions including the policies constitute Your binding obligations, with Dealeveryday.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer or member on the Website by providing Registration Data while registering on the Website as Registered User/Guest using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest or User. The term “We”, “Us”, “Our” shall mean Dealeveryday.

As a new Registered User/Guest user, this User Agreement shall be effective and binding upon Your ‘acceptance’. ‘Acceptance’ shall mean Your affirmative action in clicking on ‘check box’ ‘submit’ or ‘confirm’ and or the ‘continue button’ as provided on the registration page or clicking on ‘proceed’ or ‘Pay Now’ button while transacting as Registered user/Guest User or such other actions that implies Your acceptance. If You do not agree or are not willing to be bound by the terms and conditions of this User Agreement , please do not click on the ‘check box’ ‘submit’ or ‘confirm’ and or the ‘continue button’ as provided on the registration page or clicking on ‘proceed’ or ‘Pay Now’ button and do not seek to obtain access to or otherwise use the Website. Accessing, Browsing or otherwise using the site indicates Your agreement to all the terms and conditions under the set terms of use , so please read the terms and conditions of use carefully before proceeding . By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Dealeveryday Policies (including but not limited to Privacy Policy and return policy as amended from time to time).

Dealeveryday may amend this User Agreement and/or privacy and return policies at any time by posting a revised version on the Website. The revised version will be effective at the time Dealeveryday posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and privacy and return policies.

Membership Eligibility

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 You are a minor i.e. under the age of 18 years, You shall not register as a member of the Website and shall not sell or purchase for any items on the Website. As a minor if You wish to purchase or sell an item on the Website such purchase or sale may be made by Your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. Dealeveryday reserves the right to terminate Your membership and refuse to provide You with access to the Website if it is brought to its notice or if it is discovered that You are under the age of 18 years. If You are registering as a business entity, You represent that You are duly authorized by the business entity to accept this User Agreement and You have the authority to bind that business entity to this User Agreement.

If You use the Website as Registered User/Guest user/, You are responsible for maintaining the confidentiality of Your User ID/display name and Password. If You use the Website as a Guest User You are responsible for maintaining the confidentiality of Your email ID and cell number and for restricting access to Your computer, computer system and computer network, and You are responsible for all activities that occur under Your User ID/display name and Password , email id and cell number as the case may be. You should take all necessary steps to ensure that the password is kept confidential and secure. If You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, You are to change Your password immediately and inform us in writing. Also You shall ensure the physical security and possession of Your cell phone.

You agree, inter alia, to the following

Provide true, accurate, current and complete information about Yourself as prompted by Dealeveryday’s registration form or provided by You as Guest User (such information being the “Registration Data”).

Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete or Dealeveryday has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Dealeveryday has the right to indefinitely suspend or terminate or block access of Your membership with the Website and refuse to provide You with access to the Website.

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from Dealeveryday periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.

You agree, understand and acknowledge that the website is an online platform that enables You to purchase products listed on the website at the price indicated therein at any time from listed/indicated location. We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles: You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) is misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitationunauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];

(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaintabout uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (with a minor or an adult).

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins,friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout this Terms of Use, Dealeveryday’s prior written consent means a communication coming from Dealeveryday’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(q) interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;

(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content thatwould be prohibited or violates the letter or spirit of these Terms of Use.

(s) harm minors in any way;

(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent orinvolve the sale of counterfeit or stolen products;

(u) violates any law for the time being in force;

(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing innature;

(w) impersonate another person;

(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any 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;

(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(z) shall not be false, inaccurate or misleading;

(aa) 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 mannerunder the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;

RLC grants You a permission to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it. This permission does not include any resale or commercial use of this website; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Dealeveryday .

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page laYout, or form) of the Website. Any unauthorised use terminates the permission granted by Dealeveryday as applicable.

Membership on the Website is free. Dealeveryday does not charge any fee for browsing and buying on the Website. Dealeveryday reserves the right to change its Fee and Credit policies from time to time. In particular, Dealeveryday 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 Dealeveryday reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Dealeveryday within such time as specified in the invoice. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Dealeveryday.

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Dealeveryday reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of Dealeveryday violates these Conditions of use and, or terminate Your permission to access or use this website.

If You do post content or submit material, and unless we indicate otherwise, You

(a) grant Dealeveryday and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

(b)Dealeveryday and its affiliates and sublicensees the right to use the name that You submit in connection with such content, if they choose.

You agree that the rights You grant above are irrevocable during the entire period of protection of Your intellectual property rights associated with such content and material. You agree to waive Your right to be identified as the author of such content and Your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by You to Dealeveryday, including the execution of deeds and documents, at its request.

You represent and warrant that You own or otherwise control all of the rights to the content that You post or that You otherwise provide on or through the website; that, as at the date that the content or material is submitted to Dealeveryday: (i) the content and material is accurate; (ii) use of the content and material You supply does not breach any applicable norm of Dealeveryday policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Dealeveryday and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

Solely to enable Dealeveryday to use the information You supply us with, so that we are not violating any rights You might have in Your Information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) You have in Your Information, in any media now known or not currently known, with respect to Your Information.

You represent and confirm that You shall be the sole and exclusive legal owner of all items, goods or products of any description that You wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.

In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to Your knowledge, You shall take all steps to inform Dealeveryday of the same.

You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of our service, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

From time to time, You shall be responsible for providing information relating to the items or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner.

Dealeveryday shall not and is not required to mediate or resolve any dispute or disagreement between Users.

Dealeveryday 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 are offered only for a restricted time and only for the available supply.

Dealeveryday does not make any representation or Warranty as to the item-specifics (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 through any of its Users. In particular, Dealeveryday does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Dealeveryday accepts no liability for any errors or omissions, whether on behalf of itself or third parties. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.

You shall indemnify and hold harmless Dealeveryday, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of Your breach of these Conditions of Use or any document incorporated by reference, or Your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release Dealeveryday and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that You may have in this behalf under any statute, contract or otherwise.

Dealeveryday and its affiliates respect the intellectual property of others. If You believe that Your intellectual property rights have been used in a way that gives rise to concerns of infringement, You are requested to contact us through a written communication.

Dealeveryday.in, Dealeveryday, the Dealeveryday LOGO, registered trademarks of Dealeveryday.in, or its subsidiaries. These trademarks and trade address may not be used in connection with any product or service that is not Dealeveryday ‘s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dealeveryday. All other trademarks not owned by Dealeveryday that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dealeveryday.

By using the Site and/ or by providing Your information, You consent to the collection and use of the information You disclose on the Site by Dealeveryday in accordance with Dealeveryday Privacy Policy.

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both You and us when You commenced using the website.

Dealeveryday will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

We encourage Registered buyers on the Website to provide feedback to each other after the transaction has closed. Please remember that You cannot retract the feedback once You have left it. Your feedback will be displayed along with Your user ID. Dealeveryday will not be responsible for the feedback that You post on the Website and You should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents. You may not take any actions that may undermine the integrity of the feedback system. If You continue to receive negative feedback ratings, Dealeveryday reserves the right to suspend Your membership on the Website.

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. All prices are inclusive of VAT unless stated otherwise. You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and You agree to bear any and all applicable taxes/VAT, cesses etc. levied thereon.

By purchasing any product, You acknowledge that You have read and understood the Health & Safety Guidelines associated with that product.