Dipti Chemicals
End-Users website- Terms of Use
Last revised on: 25- August - 2022
The following are the terms & conditions (“Terms”) for
accessing and using Our website https://www,diptichemicals.net/
(“Website”) to purchase/place order towards a wide range of retailed products
and Our proprietary brands(“Products”), avail our delivery services, and avail
any other Services that We may offer from time to time on Our Website
(Collectively “Services”).
Dipti Chemicals. (“We”, “Us”, “Our” or “Dipti
Chemicals”, which includes its successors or assigns) owns and operates the
Website and offers the Services to its users (“User” “You” “Your”).
Please note that “We”, “Us”, “Our”, “User”, “You”, “Your”
are not case-sensitive and even when not capitalized shall have the meanings
attributed above.
In order to access the Services, You must register to
create an Account (defined below). Prospective Users of the Website must
provide (a) first and last name, (b) a valid email address, (c) valid
delivery/residential address,(c) valid date of birth, (d) sex, (e) marital
status and (f) anniversary date, if applicable (collectively referred as
“Account Information”). Once You have provided Your complete and accurate
information, We will generate an Account and a password for further use and
access to Our Website and/or Services.
You must understand that your submission of Your Account
Information to create an Account (defined below) on Our Website and/or to
access, subscribe or avail the Services on our Website, is governed by these
Terms read along with Our Privacy Policy, and all applicable Laws (defined
below).
To create an Account on our Website, You should accept the
Terms and Privacy Policy contained herein, and Your acceptance of the Terms and
Privacy Policy shall create a legally binding agreement between You and Dipti
Chemicals for availing any Services on Our Website or shopping on Our Website.
- DEFINITIONS
- “Account”
shall mean an account with Your Account Information that You create on Our
Website to purchase Our Store Products;
- “Affiliates”
means an individual or entity (whether now existing or hereafter created)
that directly, or indirectly through one or more intermediaries, controls,
is controlled by, or is under common control with, another person or
entity;
- “Business
Days” shall mean a day (other than a Saturday or Sunday or an official
public holiday in India) on which commercial banks are open for business
in India;
- “Intellectual
Property” shall mean all copyrights, patents, trademarks, moral rights,
service marks, logos, registered designs, domain and sub-domain names and
utility models, inventions, brand names, database rights, software,
know-how, programming (including source code) and business names and any
similar rights of whatever nature situate in any country and the benefit
(subject to the burden) of any of the foregoing (in each case whether
registered or unregistered, whether now or hereinafter existing and
including applications for the grant of any of the foregoing and the right
to apply for any of the foregoing in any part of the world);
- “Law”
or “Laws” shall mean and include all applicable statutes, enactments, acts
of legislature or parliament, laws, ordinances, rules, by-laws,
regulations, notifications, guidelines, policies, directions, judgments,
decrees, directives and orders of any governmental authority, tribunal,
board, a court, in India or the State of Telangana, as the case may be;
- “Login
Credentials” shall refer to user id, password and/or OTP used by You to
access Your Account on our Website;
- “Person” includes
an individual, partnership, corporation, company, Hindu undivided family,
unincorporated organization or association, trust, Governmental Authority
or any other entity, whether incorporated or not;
- “Personal
Information” shall mean any information that relates to a natural person,
which, either directly or indirectly, in combination with other
information available or likely to be available to a body corporate, is
capable of identifying such person, which may include, but is not limited
to, Your contact number, residential address, driving license, gender, and
other such details that We may require in order for You to shop on Our
Website;
- “SPD” or
“Sensitive Personal Data” shall have the meaning assigned to this term
under the IT (Reasonable Security Practices and Procedures and Sensitive
Personal Data or Information) Rules, 2011 (“SPDI Rules”);
- “Vendor”
or “Seller” shall mean the Person or any legal entity who offers for sale,
sells the retailed products or their services on Our Website; and
- “Dipti
Chemicals Wallet Services” or “Dipti Chemicals Wallet” means the closed
system pre-paid payment instrument issued by Dipti Chemicals to its Users.
- Creating
Accounts and Inaccurate Account Information
- In order to
purchase any of the Products listed on Our Website, You will need to set
up an Account and provide the Account Information.
- You
understand and agree that all the Account Information provided by You
while setting up an Account is accurate, current and complete and that you
will maintain and update your information to keep it accurate, current and
complete. You acknowledge that if any information provided by You is
untrue, inaccurate, not current or incomplete, we shall not be responsible
for any disruption in the delivery of the Products, including any of the
other Services opted by You on Our Website and process any refunds, if
applicable to You.
- You may
delete your Account at any time, for any reason, by following the
instructions on the Website. However, You must note that We reserve the
right to retain Your Account Information in an anonymous form, and any
other information provided on an “as-is” basis.
- Eligibility
to Use Our Services
You represent and warrant that You are competent and
eligible to enter into legally binding agreement and have the requisite
authority to bind Us to this Agreement. You shall not use this Website or avail
the Services if you are not competent to contract under the applicable Law.
- Use of
Account Information
- You
acknowledge and give Your full and unconditional consent to:
- Your Account
Information being permanently retained on a computer database that shall
be maintained, owned, and controlled by Us;
- Your Account
Information being shared with any other Person that enters into a
commercial relationship with Us;
- Your Account
Information being shared in its original form, or as part of or aggregated
form, with other Persons;
- Your Account
Information being shared with Our partners, licensors and Affiliates;
- Receiving
links to third-party websites and services, and/or display advertisements
from Persons, who have entered into a commercial relationship with Us
(collectively, “Third-Party Links & Advertisements”);and
- Receive from
Us telephone calls, text messages regarding our Services, including
promotional calls and messages regarding our Services.
- Product
Pricing
- You
are to note that Product pricing listed on Our Website are current and are
indicative of the Maximum Retail Price (‘MRP’). While every care has been
taken to label the products accurately, errors in data entry and updation
may occur. In such circumstances, we reserve the right to cancel the order
in case a transaction has been made where the price indicated was not the
correct price. In the rare event that happens, we will give a full refund
of all money received from the customer. Prices are subject to change
without advance notice.
- All
prices on this Website are given in Indian Rupees. For international cards
used on the Website, the banks applicable exchange rate and charges will
apply. We have no jurisdiction on this and any disputes or queries on
exchange rates and bank charges need to be directed to the bank or
institution that issued your card or payment instrument.
- All
orders are acknowledged at current pricing, which is generally the MRP
(assuming no discounts have been offered). However, subject to Clause 5.1,
You are to note that in rare circumstances listed prices of certain
Products may be incorrectly priced either greater than or less than the
MRP. In such circumstances, the correct pricing for such Products will be
reflected at the time we raise an invoice or the check-out page on the
Website. Consequently, in such circumstances there may be price variance
between the price displayed in the cart and at the final check-out page.
In case we overcharge you, Dipti Chemicals shall duly refund the balance.
In case we undercharge You, we will inform You of the same, and You agree
to pay the balance through a payment link sent by Us or through any other
means identified by Us.
- Some
Products which are listed on the Website such as fresh fruits and
vegetables are products where prices change on a daily basis. You will be billed
the prices prevalent during the invoicing of the products. However, for
the products such as fresh fruits and vegetables, differential amount due
to differential weight shall be adjusted in the customer invoice copy on
delivery. Our products are liable for taxes, as applicable in India.
- Subscription
Service
In order to enhance Your online shopping experience, we
offer to You our subscription service. Through the subscription service, You
can select Product(s) and automate the timeline/frequency for delivery to You
for a finite period of time (e.g., You can purchase Milk, and opt for the milk
to be delivered to Your address on a daily basis for a period of a month). In
case You opt for the Subscription Service, please note that we will bill in
accordance with the payment instructions that You shall view on the check-out
page. Accordingly, to avail the subscriptions services for any of the
Product(s), You may need to select the automated payment option on the relevant
web page.
- Out of Stock
situations
Our endeavor is to ensure that all Products listed on the
Website are available in stock for dispatch to You at Your address. However, in
case this in not available for any reason, we will contact you within 2 (two)
Business Days and give you the option to select alternatives or cancel the
order based on your convenience. In case You do not hear from Us in 2 (two)
Business Days, You may contact Us to enquire the delay, and based on Our
response, You may select alternatives to Products not available or cancel Your
order.
- Payment
Options
- The
following modes of payment are available:
- Credits
Cards – Master card, Visa card;
- Debit Cards-
Master card, Visa, Maestro and Rupay;
- Net
banking/Direct Debit payments from select banks in India. A full list is
available at the time of Check Out and prior to making payments for
purchases; and
- Third
Party Wallets.
- Wallets
- The Dipti
Chemicals Wallet Services are not available to persons under the age of 18
or to anyone previously suspended or removed by Dipti Chemicals from
availing the Dipti Chemicals Wallet Services or accessing the Website. By
accepting these Terms and the Privacy Policy or by otherwise using the Dipti
Chemicals Wallet Services on the Website, you represent that you are at
least 18 (eighteen) years of age and have not been previously suspended or
removed by Dipti Chemicals, or disqualified for any other reason, from
availing the Dipti Chemicals Wallet Services or using the Website.
- You
will be issued Dipti Chemicals Wallet Services immediately after
successful registration.
- You
may add money to or recharge your Dipti Chemicals Wallet through online
payment methods such as domestic credit/debit card and net banking.
However, you will not be able to use prepaid/virtual bank cards, EMI,
cards issued outside India or a combination of cards to add money to or
recharge your Dipti Chemicals Wallet. Except as provided hereunder,
amounts in your Dipti Chemicals Wallet will not be refunded to you under
any circumstances.
- You
may note that withdrawing money from Your Dipti Chemicals Wallet is not
allowed. Any outstanding credit in the Dipti Chemicals Wallet must be
utilized only to make payments for bona fide purchases on Our Website.
- Dipti
Chemicals Wallets are available only to resident Indians who have attained
the age of 18 years and are competent to contract.
- Dipti
Chemicals Wallets are not transferable.
- You
may add money into your Dipti Chemicals Wallet up to a maximum of INR
10,000 (Rupees ten thousand) per month. This limit will be inclusive of
any credits made by you and any refunds received by You from Us.
- The
value stored on your Dipti Chemicals Wallet shall NOT be refunded under
ANY circumstances and may only utilized to make payments for bona fide
transactions. No interest will be payable by Dipti Chemicals on the
available balance reflected in Your Dipti Chemicals Wallet.
- Any
value in your Dipti Chemicals Wallet that is utilized towards making
payments for any transaction shall be automatically debited from your Dipti
Chemicals Wallet. Dipti Chemicals does not endorse, promote or warrant any
goods and/or services that might be bought/availed or proposed to be
bought/availed using Dipti Chemicals Wallet.
- Delivery
of Products and Delivery Charges
- Shipping
and handling rates may vary based on product, packaging, size, volume,
type and other considerations. The shipping and handling charges are given
at the time of check out and You will know about this before making
payments on our Website. In any case, We shall not be liable to you for
any damages to the Products after delivery to You. We shall consider the
order “delivery” failed in the following cases:
- Delivery
not done due to wrong address;
- You
are not available at Your address to accept delivery; and
- Your
premises are locked.
- In
case of floods/bandh/heavy rains/lockdowns, we reserve the right to
reschedule the delivery to some other date. In case We are not able to
deliver the Products ordered by You for reasons identified in Clauses 10.1
(a) –(c) and 10.2, we shall keep you informed of the same.
- You
are to note that once Products have been dispatched from Our Premises, You
shall be liable for delivery charges irrespective of the circumstances,
including circumstances identified in Clauses 10.1 (a) – 10.1 (c).
Further, if We agree to deliver the undelivered Products to Your address
for reasons solely attributable to those in Clauses 10.1 (a)- (c), You
shall be liable to pay us separate delivery charges for the second attempt
to deliver the Products at Your doorstep, including all additional delivery
attempts. It is clarified that a ‘delivery attempt’ shall mean the
dispatch of Products from our premises, upon receiving instructions for
such dispatch from You.
- Please
note that the delivery timelines shall be indicated to You on Your
check-out page. However, these times are indicative only. We may, in our
sole discretion without explanation, choose to re-schedule the delivery to
You. In any case, We shall not be liable to pay a late fee or incur any
charge on account of delay in delivery timelines.
- Cancellations,
Return & Exchange Policy
- Upon
placing Your order, You may cancel Your order within the time-frames
mentioned on Our Website. If You cancel Your order within such time-frame,
we will, in Our sole discretion, refund the monies to Your Dipti Chemicals
Wallet or directly to You. However, please note that any cancellation
shall not be accepted after the time-frames mentioned on Our Website, and
in case, we choose to accept Your cancellation, we may choose to not
refund any of the monies or a portion of the monies spent by You in
placing such order.
- We
take no responsibility for goods signed by an alternative Person other
than the person ordering the product at the address indicated at the time
of the order. Since the transactions are authorized by the card holder, we
do not take responsibility for incorrect addresses provided at the time of
placing the order. You are to note that the delivery will NOT be
redirected / redelivered to any other address in any circumstances. Further,
You are to note that the Product will be delivered only in the city it is
mentioned as “available” on this Website.
- All
claims for shortages or damages must be reported to customer service on
the day of delivery through the contact us page on the Website. Also the
said shortage of goods needs be highlighted and signed on the delivery
challan copy and returned to the delivery person.
- Subject
to Clause 11.1, If You accept delivery of the Products, You must on the
same day, verify the Products and inform us of any damage or defect in the
Products (“Defective Products”), if any. It is clarified to You that, We
will accept return of the Defective Products only if you reach out to us
(either by email or through our customer care), and inform us of the
Defective Products and your requirement to replace such Defective Products
on the same day you received delivery of the Products.
- Any
amounts to be returned to You by Us for any of the reasons in these Terms
shall be credited to your Dipti Chemicals Wallet. Cash refunds shall be at
Our sole discretion.
- In
the unlikely event that we take delivery of the Defective Products, You
are to note that:
- Defective
Products can be returned or exchanged only if the original receipt is
presented;
- The
refund or exchange shall be subject to inspection of the Defective Product
and in case it is not approved, then no refund & exchange shall be
initiated;
- The
Defective Product must be unused and in the same condition that you
received it. It must also be in the original packaging; and
- We
reserve the right to make changes to Our Cancellations, Return &
Exchange Policy from time to time.
- Intellectual
Property Rights
All Intellectual Property displayed in the Website and in
the Services is proprietary property of Dipti Chemicals (“Proprietary
Information”). You agree that the Proprietary Information shall not be copied,
downloaded, reproduced, modified, republished, uploaded, posted, transmitted or
distributed in any way without obtaining prior written permission from Dipti
Chemicals and nothing on this Website or Services shall be deemed to confer a
license of or any other right, interest or title to or in any of the
Intellectual Property rights of Dipti Chemicals to the User. Further, with
respect to any Person’s Intellectual Property rights you recognize on our
Website, You acknowledge that the ownership of all trademarks, copyright,
logos, service marks and other Intellectual Property rights vested in such
Person shall continue to vest with such Person and You are not permitted to use
the same without the consent of the respective Person.
- Your Conduct
and Behavior
- Whether You
are a customer or are simply browsing the Website, once you have accessed
the Website or Services, You shall be considered a ‘User’ for the purpose
of these Terms. You are responsible for all your activities in connection
with the use of the Website and/or Services. You hereby agree to fully
comply with all applicable Law. You shall not resort to any unethical
practices while using the Website.
- You agree
and acknowledge that You are hereby expressly prohibited to record or copy
(for personal use or otherwise), including copying for redistribution,
either the audio or video, through any medium, any of the content You see
on Our Website, including Our Proprietary Information, look and feel and
the design of Our Website. You agree not to do any of the following
while using the Website and/or the Services:
- Post,
upload, publish, submit or transmit any text, graphics, images, software,
music, audio, video, information or other material or making available any
of Your content that is misleading, unlawful, harmful, threatening,
abusive, tortuous, defamatory, libelous, vulgar, obscene,
child-pornographic, lewd, lascivious, profane, invasive of anybody’s
privacy, hateful, or racially, ethnically or otherwise objectionable;
- Modify,
translate, adapt, merge, make derivative works of, disassemble, decompile,
reverse compile or reverse engineer any part of the Service;
- probe, scan,
or test the vulnerability of any system or network of the Service;
- attempt to
gain unauthorized access to the Service;
- Interfere
with or disrupt the integrity or performance of the Service other service
provider listed on the Website;
- Introduce
viruses, Trojan horses, worms, spyware, or other such malicious code into
the Services;
- access,
tamper with, or use non-public areas or parts of the shared areas of the
Service you haven't been invited to;
- promote or
advertise any other products or services on our Website;
- sell
or re-sell any other service on our Website;
- copy,
reproduce, distribute, republish, download, display, post or transmit in
any form or by any means any part of third-party services not authorized
by Us;
- remove
or destroy any copyright notices or other proprietary markings contained
on or in our Website;
- violate
the Law in any way, including by storing, publishing or sharing material
that is infringing, fraudulent, defamatory, misleading, or damaging to our
Website;
- Coping,
reproducing, distributing, republishing, downloading, displaying, posting
or transmitting of any content in any form or by any means any part of the
Service unless specifically authorized to do so;
- Removing or
destroying any copyright notices or other proprietary markings contained
on or in the Service;
- Stalking,
intimidating and/or harassing another (or some other user) and/or inciting
other to commit violence;
- You
agree not to use the Website and/or its Services to collect, upload,
create, transmit, display, or distribute the Account Information or any
other information in any way such: (a) that it violates any third-party
right, including any Intellectual Property rights or proprietary rights;
or (b) that it is in violation of any law, regulation, or obligations or
restrictions imposed by any third party; or (c) that it is hateful,
violent, discriminatory, nude, partially nude, sexually suggestive, or
pornographic;
- Transmitting
material that encourages anyone to commit a criminal offence, that results
in civil liability or otherwise breaches any relevant Laws, regulations or
code of practice;
- Interfering
with any other Person’s use or enjoyment of the Website/Services;
- You will not
post or transmit, or cause to be posted or transmitted, any communication
or solicitation or other "phishing", “spoofing”, “hacking”,
"pharming" or "whaling" message designed or intended
to obtain password, account, personal information, confidential
information or private information from any User of the Website/Services
or any other third party whatsoever;
- Willful
misrepresentation of Account Information;
- Provide
instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
- Do anything
that could disable, overburden, or impair the proper working or appearance
of the Services, such as interference with page rendering or other
Services’ functionality;
- Introduce
into the Website, or any other of Our platforms facilitated for the
purposes of rendering Services, any viruses, Trojan horses, worms, time
bombs, corrupted files, malware, spyware, or any other similar software
that may damage, disrupt or interfere with the operation of the Website
and/or another's computer or property;
- breach
or otherwise circumvent any security or authentication measures;
- access,
tamper with, or use non-public areas or parts of the Service, or shared
areas of the Service you haven't been invited to;
- Send
unsolicited communications, promotions or advertisements, or spam;
- access,
search, or create accounts for the Service by any means other than our
publicly supported interfaces (for example, “scraping” or creating accounts
in bulk);
- Misuse
the Services in any manner, i.e. use of the Services in a manner not
envisaged under these Terms;
- Manipulate
our payment refund and cancellation policy to do any act not expressly
permitted in these Terms; and
- Violating
the Terms of Service including but not limited to any applicable
additional terms of the Website contained herein or elsewhere.
- Suspension
due to non-compliance with Agreement
- Notwithstanding
other legal remedies that may be available to Dipti Chemicals, Dipti
Chemicals may in its sole discretion limit User activity by immediately
suspending or terminating Your Account and/or refuse to provide You with
access to the Website or the Services:
- If
You breach any of the terms and conditions of these Terms and the Privacy
Policy;
- If
You use the Services as a means to exploit the price difference by
purchasing the Products (e.g., fruits and vegetables) in bulk on our
Website, solely for the purpose of re-selling such Products and make a
profit;
- If
You have provided wrong, inaccurate, incomplete or incorrect Account
Information; and
- If
Your actions may cause any harm, damage or loss to other users who access
the Website or Dipti Chemicals.
- Representations
and Warranties.
- You
represent and warrant to Us at all times that:
- You
are at least 18 years of age at the time of using the Website and/or
Services.
- You
shall not use the Website or any of the Services beyond the contemplated
functionality of the Services.
- You
shall not attempt to gain unauthorized access to the Website or any of the
Services or any networks, servers or computer systems connected to the
Website or Services.
- You shall
not use the Website or any of the Services in a way that may damage or
impair (i) the Website or the Services, or (ii) Our underlying systems and
security.
- You
shall not use the Website or any of the Services in any unlawful manner,
or in a manner which promotes or encourages illegal activity, including
(without limitation) copyright infringement or data theft.
- You
shall not re-sell, in any medium, any part of the Website or Services.
- You
shall not use any of our Proprietary Information, including the
copyrighted content displayed on the Website for any personal or
third-party gain, without Our express consent.
- You
shall not modify, adapt, translate or reverse engineer any part of the
Services (e.g., by creating a shadow site or Website that mirrors the said
Services, or substantially mirrors said Services).
- You agree to
promptly notify and bring to Our notice in the event Your Mobile Contact
Number is in the Do Not Disturb/National Consumer Preference Register List
of the Telecom Regulatory Authority of India (“TRAI”), immediately after
the Primary Registration.
- You
understand and acknowledge the any calls, text messages that You receive
from Us on Your Mobile Contact Number are not unsolicited calls or
messages.
- User
Responsibilities
- You
are responsible for maintaining the confidentiality of your Login
Credentials and are fully responsible for all activities that occur under
your Account (e.g., once logged in). You agree to immediately notify Us of
any unauthorized use, or suspected unauthorized use of Your Account, or
any other breach of security. Upon such notification from You, We may, at
best, assist You to change Your password. Beyond assisting You to change
Your password, We cannot offer any other assistance. In addition, We will
not be liable for any loss or damage arising from Your failure to comply
with the above requirements.
- You
are responsible for notifying, intimating and communicating to Us, through
Email, in the event Your contact number has been registered with the Do
Not Disturb/National Consumer Preference Register List of TRAI, prior to
availing any of Our Services. Without prejudice to the generality of the
foregoing, We shall also seek consent from You every six (6) months for Us
to continue sending/communicating information to You and endeavor to abide
by the applicable rules and regulations of TRAI. However, in no event
shall Dipti Chemicals be liable for communicating with You on your mobile
phone, and You hereby expressly waive Your right to bring an action
against Us for sending information in connection with, or in relation to
the Website/Services, including promotional content.
- The
content (including the Intellectual Property in such Content)on our
Website may be owned by other Persons. You therefore agree that you won’t
copy, reproduce, create derivative works of, decompile, upload, download,
share, or otherwise exploit third party content unless you have the right
to do so. We may review your conduct and content for compliance with these
Terms and remove or suspend Your access to our Website, including Services
at any time and without notice.
- We
can (and You hereby expressly authorize Us to) disclose any information
about You to law enforcement or other government officials, as we, in our
sole discretion, believe it necessary or appropriate in connection with
the investigation and/or resolution of possible crimes, especially those
that may involve civil damage. You understand that We have the right at
all times to disclose any Account Information (including the identity of
the persons providing information or materials on the Website) as
necessary to satisfy any law, regulation or valid governmental request.
This may include, without limitation, disclosure of the information in
connection with investigation of alleged illegal activity or solicitation
of illegal activity or in response to a lawful court order or subpoena.
- User License
- The
rights granted to You in these Terms are subject to the following
limitations: (a) except as otherwise authorized, You shall not license,
sell, re-sell, lease, transfer, assign, distribute, exchange, host, or by
any other means copy, download, capture, reproduce, duplicate, archive,
distribute, upload, publish, modify, translate, broadcast, perform,
display, sell, deep-link, transmit or retransmit, make any derivative
works of, or otherwise commercially exploit any (i) Content, (ii)
Services, or (iii) the information (including Personal Information and
Sensitive Personal Data) of Users available on the Website or through the
Services; whether in whole or in part; (b) You shall not modify, make
derivative works of, disassemble, reverse compile or reverse engineer any
part of the Website, and Services, or the Personal Information of other
Users, available on the Website; (c) You shall not access the Website
and/or its Services, or the personal information of other Users, available
on the Website, or through the Services, in order to build a similar or
competitive website, app, product, or service; and (d) except as expressly
stated herein, no part of the Website, and/or its Service, or the personal
information of other Users, available on the Website, may be copied,
reproduced, distributed, republished, indexed, framed, downloaded, linked,
displayed, posted or transmitted in any form or by any means. Unless
otherwise indicated, any future release, update, or other addition to
functionality or content of the Website shall be subject to these Terms.
All copyright and other proprietary notices on the Website must be
retained on all copies thereof.
- Acceptable
Use Policy: The following terms constitute our “Acceptable Use Policy”:
- You agree
not to use the Website and/or its Services to collect, upload, create,
transmit, display, or distribute the Account Information or Other
Information in any way such: (i) that it violates any third-party right,
including any copyright, trademark, patent, moral right, privacy right,
right of publicity, or any other intellectual property or proprietary
right; or (ii) that it is in violation of any law, regulation, or
obligations or restrictions imposed by any third party; or (iii) that it
is hateful, violent, discriminatory, defamatory, racially or ethnically
objectionable, unlawful, obscene, sexually suggestive, or pornographic.
- In
addition, You agree not to: (i) display, upload, modify, transmit,
publish, or distribute to, or through, the Website any computer viruses,
worms, or any software codes, files or programs, intended to damage, limit
or alter a computer system, computer network, or data, and/or gain
unauthorized access to a computer or computer network; (ii) manipulate the
Website to send unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any other
form of duplicative or unsolicited messages, whether commercial or
otherwise; (iii) manipulate the Website to harvest, collect, gather, or
assemble information or data, including Personal Information or Sensitive
Personal Data regarding any other users or individuals, including their
e-mail addresses, with or without their consent; (iv) interfere with,
disrupt, or create an undue burden on servers or networks connected to the
Website or the data hosted within the Website, or violate the regulations,
policies, restrictions or procedures of such networks; (v) attempt to gain
unauthorized access to a third party’s information on the Website (or to
other computer systems or networks connected to or used together with the
Website), whether through password mining or any other means; (vi) harass
or interfere with any other user’s use and enjoyment of the Website and/or
it Services; or (vi) use software or automated agents or scripts to
produce multiple accounts on the Website, or to generate automated
searches, requests, or queries to (or to strip, scrape, or mine data from)
the Website.
- We reserve
the right, at any time, to modify, suspend, or discontinue the Website (in
whole, or in part) or its Services (in whole, or in part) with or without
notice to You. You agree that We will not be liable to You or to any third
party for any modification, suspension, or discontinuation of the Website
or its Services, or any part of the Website or its Services thereof.
- No
Support or Maintenance: If You have any questions, complaints or claims
with respect to the Website, Content and/or Services, then such
correspondence should be directed to:
support@companyname.in
You acknowledge and agree that We will have no obligation
to provide You with any uninterrupted or immediate support or maintenance in
connection with the Website and/or Services, except as provided under the
Privacy Policy.
- Ownership:
Excluding Your Account Information, You understand and acknowledge that Dipti
Chemicals shall own all rights, title, including all Intellectual Property
rights to the Website, Product listings and Services. It is clarified that
these Terms do not transfer to You or any third party any rights, title or
interests in, or to such, Intellectual Property rights, except for the
limited license that is required to view/use the Website, Content and
Services per the Agreement.
- Personal
Information
- Risks: You
represent and warrant that the Account Information, or any other
information, whether personal or sensitive, provided to Us (“Other
Information”) does not violate Our ‘Acceptable Use Policy’ clause above.
You may not represent or imply to any person or entity, in any way
whatsoever, that the Account Information or Other Information that You
provide Us with is sponsored or endorsed by Us in any manner. Because You
alone are responsible for Your Account Information and the Other
Information that You provide Us with. You may expose Yourself to liability
if, for example, the Account Information or Other Information violates the
‘Acceptable Use Policy’ clause. You must note that We are not obligated to
create a backup copy of Your Account Information or Other Information that
You provide Us with; We will not be held liable or responsible for the
deletion of the Account Information or any Other Information that You
provide Us with.
- Enforcement:
We reserve the right to review Your Account Information or any other
information from time to time, and to investigate and/or take appropriate
action against You if you violate the ‘Acceptable Use Policy’ clause, or
any other provision of these Terms, or otherwise create liability for Us
or any other Person, in Our sole discretion. Such action may include (i)
removing or modifying Your profile, (ii) terminating Your profile in
accordance with the ‘Term and Termination clause’, and/or (iii) reporting
You to, and cooperative with, law enforcement authorities.
- Indemnity
You agree to defend, indemnify and hold harmless Dipti
Chemicals, its employees, directors, officers, agents and their successors and
assigns and against any and all claims, liabilities, damages, losses, costs and
expenses, including attorney's fees, caused by or arising out of claims based
you're your actions or inactions, including but not limited to any warranties,
representations or undertakings or in relation to the non-fulfillment of Your
obligations under these Terms or Privacy Policy or arising out of Your
infringement of any applicable Laws, regulations including but not limited to Dipti
Chemicals intellectual Property rights, payment of statutory dues and taxes,
claim of libel, defamation, violation of rights of privacy or publicity, loss
of service by other subscribers and infringement of intellectual property or
other rights. This clause shall survive the expiry or termination of this
Agreement.
- Submissions
We welcome Your comments about your experiences shopping
with us and your suggestions about how to improve our Website. Any comments,
ideas, suggestions, initiation, or any other content You contribute to Us or on
our Website (including the name you submit with any content) will be deemed to
include a royalty-free, perpetual, irrevocable, nonexclusive right and license
for Us to adopt, publish, reproduce, disseminate, transmit, distribute, copy,
use, create derivative works, display worldwide, or act on such content,
without additional approval or consideration, in any, media, or technology now
known or later developed for the full term of any rights that may exist in such
content, and you waive any claim to the contrary. You represent and warrant
that You own or otherwise control all of the rights to the content that You
contribute to this site and that use of Your content by Us will not infringe
upon or violate the rights of any Person.
- Release
Subject to applicable law, you hereby release and forever
discharge Dipti Chemicals and Dipti Chemicals affiliates from, and hereby waive
and relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of action
of every kind and nature, that arises or has arisen, directly or indirectly out
of, or that relates directly or indirectly to, the website and/or its services
(including any interactions with, or act or omission of, other users, or any
third-party links). Further, if you have a dispute with one or more user(s),
you forever release Dipti Chemicals and Dipti Chemicals affiliates from any and
all claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, arising out of, or in any way connected with, your
use of the website, app and/or the services and/or any content.
- Limitation
of Liability
- TO THE
MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Dipti Chemicals AND/OR Dipti
Chemicals AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOST
PROFITS OR LOST/STOLEN DATAARISING FROM, OR RELATING TO, THETERMS; OR YOUR
USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICES AND/OR SUBMITTED
CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY ACCESS TO, AND USE OF, THE WEBSITE, SERVICES AND THE CONTENT IS AT
YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOU OR YOUR PROPERTY, INCLUDING YOUR DEVICE OR COMPUTER SYSTEM,
OR LOSS OF ANY DATA, INCLUDING ACCOUNT INFORMATION, RESULTING
THEREFROM.THE FOREGOING LIMILITATION OF LIABILITY SHALL WEBSITELY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE EXTENT.
- NOTWITHSTANDING
ANYTHING STATED HEREIN, ALL EXCLUSIONS IN THIS LIMITATION OF LIABILITY
CLAUSE SHALL BE APPLICABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW (E.G.,
SOME JURISDICTIONS MAY NOT PERMIT EXCLUSION OF LIABILITY FOR FRAUDULENT
MISREPRESENTATION).
- Disclaimers
- The Website
is provided on an “as-is” and “as-available” basis, and, the images,
illustrations, video clips (“Illustrations”) are only indicative, and we
offer no assurances that the Products purchased by You shall be similar to
the Illustrations. We expressly disclaim any and all warranties and
conditions of any kind, whether express, implied, or statutory, including
all warranties or conditions of merchantability, fitness for a particular
purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no
warranty that the Website will meet Your requirements, will be available
on an uninterrupted, timely, secure, or error-free basis, or will be
accurate, reliable, legal, safe, or free of viruses or any other harmful
code.
- By
accepting these Terms, You acknowledge and agree that there are no
fiduciary duties or obligations between You and Us.
- We will not
be liable to You (whether under the law of contract, the law of torts or
otherwise) in relation to the contents of, or use of, or otherwise in
connection with, this Website:
- to the
extent that the Website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any
business losses, loss of revenue, income, profits or anticipated savings,
loss of contracts or business relationships, loss of reputation or
goodwill, or loss or corruption of information or data.
- Term
and Termination
- Subject to
this ‘Term and Termination clause’, these Terms will remain in full force
and effect while You use the Website, and/or any of its Services, in any
way whatsoever.
- We
may suspend or terminate Your rights to use the Website (including Your
Account) at any time and for any reason, at Our sole discretion, including
for any use of the Website and/or its Services in violation of these
Terms.
- Upon
termination of Your rights under these Terms, Your Account and right to
access and use the Website and/or its Services, will terminate immediately.
You understand that any termination of Your Account may involve deletion
of the Account Information and any other Information associated with Your
Profile from all Our databases. We will not have any liability whatsoever
to You for any termination of Your rights under these Terms, including for
termination of Your Profile.
- General
- Electronic
Communications: You (a) consent to receive communications from Us in an
electronic form; (b) agree that all Terms and conditions, agreements,
notices, disclosures, and other communications that We provide to You
electronically satisfy any legal requirement that such communications
would satisfy if it were to be in a hardcopy writing; and (c) consent to
receive communication, in connection with, or in relation to the
Website/Services including but not limited to information regarding new
Products, subscriptions, promotional content etc.
- Entire
Terms and Amendments: These Terms with the Privacy Policy, and other rules
and policies posted on the site, constitute the entire agreement between
you and Dipti Chemicals with respect to your use of the Website and the
Services, and they supersede all prior or contemporaneous communications
and proposals between you and Dipti Chemicals with respect to Your use of
the Website and the Services.
- Waiver: Any
waiver of Our rights or remedy under these Terms shall only be effective
if it is in writing, executed by Our duly authorized representative, and
shall be applicable only to the circumstances for which it is given. Our
failure to exercise or enforce any right or remedy under these Terms shall
not operate as a waiver of such right or remedy, nor shall it prevent any
future exercise or enforcement of such right or remedy. No single or
partial exercise of any right or remedy shall preclude or restrict the
further exercise of any such right, or remedy, or other rights or
remedies.
- Headings and
Interpretation: The section titles in these Terms are for convenience only
and have no legal or contractual effect. The words “including” and
“includes” means “including without limitation”.
- Severability:
The provision(s) of these Terms shall be sought to be harmoniously
interpreted with each other, as well as applicable Laws and upheld to the
fullest extent permissible under applicable Laws. Further, the provisions
contained in this Agreement shall be enforceable independent of each
other, and their validity shall not be affected, if any other provision(s)
are held to be invalid. If any provision(s) of these Terms are, for any
reason, held to be invalid or unenforceable, the other provisions of these
Terms will be unimpaired (to the maximum extent permissible), and the
invalid or unenforceable provision(s) will be deemed modified so that they
are valid and enforceable to the maximum extent permitted by applicable
Laws. Further, if any of those provision(s) are void, but would be valid
if some part of the provision(s) were deleted, the provision(s) in
question shall apply with such modification as may be necessary to make
them valid.
- Relationship
between you and us: You confirm that You do not have an employment,
contractor, agency or partnership relationship with Dipti Chemicals. Dipti
Chemicals is merely providing You the Services on your request. Further,
You are acting on either on Your own or on behalf of another in the manner
stated in the Agreement.
- Assignment:
These Terms, and Your rights and obligations herein, may not be assigned,
subcontracted, delegated, or otherwise transferred by You without Our
prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and
void. However, You acknowledge and agree that We reserve the right to
freely assign Our rights and obligations under these Terms to whomsoever
We please. The Terms and conditions set forth in these Terms shall be
binding upon assignees.
- Governing
Law and Jurisdiction: These Terms and any dispute or claim arising out of
or in connection with their subject matter or formation (including
non-contractual disputes or claims) shall be governed by and construed in
accordance with the Laws prevalent in India. You agree that the courts of
Hyderabad, Telangana shall have exclusive jurisdiction to settle any dispute,
or claim, arising out of, or in relation to, these Terms.
- Contact
Information: If You wish to contact Us in writing, or if these Terms
require You to give notice to Us in writing, please contact Us at info@diptichemicals.net