This agreement 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.
The domain name www.deepam.com (hereinafter referred to as "Website") is owned by M/s Deepam Silks Retail Private Limited, registered under the Companies Act, 1956 with its registered office at Door No. 404, IV Floor, Barton Centre, M G Road, Bangalore, Karnataka, India- 560001) (hereinafter referred to as "Deepam Silks").
- REGISTRATION OF USER ACCOUNTS:
- 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 User of the website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. We reserve the right to refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
- Your mobile phone number and e-mail address are treated as your primary identifier on the Website. It is your responsibility to ensure that your mobile phone number and your email address is up to date on the Website at all times.
- You agree that we shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your display name in cases where you have failed to update your revised mobile phone number and/or e-mail address on the Website.
- INTELLECTUAL PROPERTY:
The rights, interests and intellectual property rights in the names, logos, copyrights & designs are owned by and vested with Deepam Silks. Nothing contained on the website should be construed as granting any license or right to use any Intellectual Property without the prior express written consent of the Company.
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
However, in case the Product offered is not as described in the Website, the final decision shall lie with us in case of any dispute. We have the right to refuse or cancel any orders placed for that Product, unless the Product has already been dispatched. We shall cancel the order and inform you of the cancellation, or contact you for instruction. Also, it should be noted that promotions cannot be combined with any other discount. One offer will be valid on one Product unless stated otherwise.
- PURCHASES AND PAYMENT:
We accept the payments via Debit Cards, Credit Cards, Net Banking. The Cash on Delivery are available for certain products as listed out in the website on certain limitations. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
Appropriate taxes from time to time will be added to the price of purchases as required by us. We may change prices at any time. All payments shall be in INR. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. The products once shipped cannot be returned back under any circumstances, if product(s) are returned, the return shipping charges and import duties will be charged from the customer irrespective of the issue with the order.
Deepam Silks reserve the right to refuse any order placed through the website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
- RESTRICTED ACTIVITIES:
The website is exclusively owned by Deepam Silks. Hence the users of the website shall restrict themselves from posting any content, images etc which:
- 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;
- is misleading in any way;
- 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;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- contains video, photographs, or images of another person (with a minor or an adult).
- 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;
- interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
- violates any law for the time being in force;
- impersonate another person;
- 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 or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
The Deepam Silks shall have all the rights to terminate and restrict the access of the user who directly or indirectly involves in any of the aforesaid practises.
- RESPONSIBILITIES OF USERS WHILE REVIEWING:
We may provide you areas on the website to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have first hand experience with an individual/entity before reviewing;
- your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- your reviews should not contain references to illegal activity;
- you should not be affiliated with competitors if posting negative reviews;
- you should not make any conclusions as to the legality of conduct;
- you may not post any false or misleading statements; you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
You will release, indemnify, defend and hold harmless Deepam Silks, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of
- this Agreement or the breach of your warranties, representations and obligations under this Agreement;
- the Website content or your use of the Website content;
- the Products or your use of the Products (including Trial Products);
- your violation of any provision of this Agreement;
Due to your aforesaid actions, if Deepam Silks is threatened with suit or sued by a third party, Deepam Silk may seek written assurances from you concerning your promise to indemnify us; your failure to provide such assurances may be considered by us to be a material breach of this Agreement. You have sole responsibility to defend Deepam Silks against any claim, but you must receive Deepam Silks prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
- AVAILABILITY OF SERVICE:
We will endeavor to keep the Website operational at all times except for interruption due to maintenance and for introducing new features. Under certain circumstances, the website may be down and/or may be prevented from running at optimum performance due to a scenario beyond our control. Such a measure shall account for a Force Majeure (hereinafter defined) event and we shall be excused from any and all obligations relating to the functioning of the Website till the time the Force Majeure (hereinafter defined) event persists.
For the purpose of this Agreement, the term ‘Force Majeure’ shall be deemed to include any act, cause or situation affecting the performance of the Website. In such a case, the website and the Company shall be excused from performing its obligations.
Situation or scenario warranting ‘Force Majeure’ include but are not limited to strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil disorder, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
- THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
- DISCLAIMER OF WARRANTIES:
Your use of the website is at your sole risk. The website and the products are offered on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we do not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
Deepam Silks shall not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the website. We do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.
No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
- LIMITATION OF LIABILITY:
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- GOVERNING LAWS:
- ENTIRE AGREEMENT:.
This Agreement comprises the entire agreement between you and Deepam Silks and supersedes any prior agreements pertaining to the subject matter contained herein.
The failure of Deepam Silks to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.