User Agreement

User Terms

 This document is an electronic record in terms of the Information Technology Act, 2000 and rules made 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.
https://DESHIMALL.IN/  website.

Your use of the Deshimall website {including www.DESHIMALL.IN including mobile application (hereinafter collectively referred to as the “Website”) and its related sites, services and tools is governed by the terms and conditions as contained in this Agreement applicable to the Website and for other websites of Smart web Arts Private Limited and our subsidiaries and international affiliates. This User Agreement for the Website shall come into effect on 10:00 hours, Indian Standard Time 05th August, 2020 (“User Agreement”). DESHIMALL.IN is an internet E-commerce based portal operated by Smart web Arts Private Limited; a company incorporated under Companies Act, 1956 having its registered office at Smart web Arts Private Kailash Plaza, Sec-G, Kanpur Road, LDA Colony, Lucknow – 226012, India. For the purpose of this User Agreement, Registered User / Guest User and wherever the context so requires, ‘”You”, “Your” shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User / Guest User using the digital systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name (“User ID” and “Password”) to become a Registered User or has been identified as Guest User by providing phone number and email id. Further, reference to “we”, “us”, “our” and “Deshimall” shall mean Smart web Arts Private Limited (DESHIMALL.IN) and includes its associates, affiliates and subsidiary (ies).

The use of the Website is offered to you conditioned upon Your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon “Acceptance”, this User Agreement shall be effective and binding upon you along with any amendments made by Deshimall at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this User Agreement is being documented concluded electronically. For the aforesaid purposes, ‘Acceptance’ shall mean Your affirmative action byin clicking on the ‘check box’ and on the ‘continue’ button’ as provided on the registration page or clicking on ‘Buy Now’ button while transacting as a Guest User or any act which reflects Your use of the Website or the services provided by the Website or any such other actions that imply Your acceptance to the present electronic document. You hereby further agree that this User Agreement is being concluded and executed at New Delhi. Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do you may choose to not click on the “check box ” and/or on the “continue” button and/or “Buy Now” button and not seek to obtain access to or otherwise use the Website.

1. GENERAL

1.1 Deshimall is a company incorporated under the laws of India, with its registered office at C/o A-530 Indramarg Laxminagar-110092 . Deshimall is an intermediary in the form of an online marketplace and is limited to managing the Website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered (“Products”), and other incidental Services thereto (“Services”) including use of the Website by any User.

1.2 These Terms of Use are subject to revision by Deshimall at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. In the event such a facility is provided on the Website, You can determine when Deshimall last modified any part of the Agreement by referring to the “Last Updated” legend provided in that document. It shall be your responsibility to check these Terms of Use periodically for changes. Deshimall may require you to provide your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, your continued use of the Website and/or Services, following such changes, will constitute your acceptance of those changes.

1.3  If there is any conflict:
(i) between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence’    but only to the extent of the conflict;
(ii) between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence in relation to that Service;
(iii) between the Seller Agreement and any other part of these Terms of Use, the Seller Agreement shall take precedence but only to the extent of the conflict;
(iv) between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.

2. AMENDMENTS

When you use any of the services provided by us through the Website, including but not limited to Product Reviews, Seller Reviews etc., you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice/intimation to you. It is your responsibility to review this User Agreement periodically for any updates / changes. Your continued use of the Website following subsequent to the posting of updates/changes shall mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
By accepting this User Agreement, you also accept and agree to be bound by DESHIMALL.IN Rules Policies and Policies Rules as provided from time to time in the following hyperlinks:

  1. DESHIMALL.IN Policies & Rules. https://deshimall.in/faq/
  2. DESHIMALL.IN Privacy Policy. https://deshimall.in/privacy-policy/

3. MEMBERSHIP ELIGIBILITY

Use of the Website is available only to persons who can perform 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, purchase or bid for any items on the Website except through your legal guardian or parents who have registered as users on the Website or can use the Website as a Guest User. DESHIMALL.IN reserves the right to terminate your membership and 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.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized to accept this User Agreement and you have the authority to bind your business/legal entity to this User Agreement.
Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell products or services on Website and there could be certain additional restrictions on you as a Guest User for Your purchase and the other functionality of the Website available to you. As a Guest User, Buyer will not be eligible for Clues Bucks and all other benefits that are not assignable to a non-registered user.

4. SERVICES

The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.

5.USER ACCOUNT, PASSWORD AND SECURITY

5.1 You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.

5.2 Registered users: DESHIMALL makes certain sections of the Services available to you through the Website only if you have provided DESHIMALL certain required User information and created an account and a DESHIMALL ID through certain log-in ID and password (“Account”). You can create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (DESHIMALL ID and/or other third party login identification as provided above are individually and collectively referred to the “Account Information”).
In the event you register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify DESHIMALL of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. DESHIMALL cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by DESHIMALL or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.
You shall ensure that the Account Information provided by you in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or DESHIMALL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DESHIMALL has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

5.3 Guest users: The Website also allows limited access to the Services for unregistered Users (also called as ‘guest users’). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, you will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.

5.4 Depending upon whether you are a seller or a buyer or another user who otherwise wish to use the Website, and the nature of Services You wish to avail from the Website, You may be required to provide certain personal information and DESHIMALL may collect certain personal information. Your provision of, and DESHIMALL’s collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by DESHIMALL’s privacy policy, which is available at https://DESHIMALL.IN/privacy-policy/.

6. YOUR ACCOUNT & REGISTRATION OBLIGATIONS

You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

Your mobile phone number and/or e-mail address is treated as your primary identifier on the Platform. It is your responsibility to ensure that your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through onetime password verification.

You agree that Deshimall shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where you have failed to update your revised mobile phone number and/or e-mail address on the Website Platform.

If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences there from.

7. ELECTRONIC EXECUTION & COMMUNICATIONS

When You use the Platform 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 Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

8. PAYMENTS &SERVICES RELATED INFORMATION

Membership on the Website is free. Being an Intermediary under the Information Technology Act, DESHIMALL.IN     does not charge any fee for browsing and buying on the Website. However, before you list an item for sale through the Website, we request you to review our Fees and Credit Policy, which is hereby incorporated by reference into this agreement. DESHIMALL.IN reserves the right to change its Service Fee and Credit policies from time to time at its sole discretion including without limitation right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any modifications to the Fee and Credit policies shall be posted on the Website and such changes shall become effective immediately. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Smart web Arts Private Limited  Kailash Plaza,, Kanpur Road, Sector G, LDA Colony, Lucknow, Uttar Pradesh 226012  with in such time as specified in the invoice.

8.1 Presently, DESHIMALL does not levy any fee for browsing the Website or buying the Products on the Website. DESHIMALL may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use. DESHIMALL will try to ensure that you are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by you for any such use of the Website / Service. You agree that DESHIMALL may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be your acceptance of such changes, and the applicability of these Terms of Use to such changes.

8.2 You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details or net banking or UPI account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument or net banking details or UPI ID which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/debit card or pre-paid instrument account or net banking account or UPI ID. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of your credit/debit card details or pre-paid instrument account or net banking details or UPI ID. DESHIMALL expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card or pre-paid instrument account.

8.3 You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/debit card or pre-paid instrument account. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of your credit/debit card details or pre-paid instrument account. DESHIMALL expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card or pre-paid instrument account.

8.4 DESHIMALL may have existing arrangements with its banks, regarding limits on the amounts you can pay (if you are a buyer) or receive (if you are a seller) in the course of a single transaction. DESHIMALL will work towards ensuring that you are made aware of such limits if they may be applicable to you. However, DESHIMALL shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the preset limit mutually agreed by DESHIMALL with its bank from time to time.

8.5 For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of your bank, applicable financial institution and/or card issuing association may also be applicable to you. Your bank, financial institution or card issuing association may decline or prevent you from making electronic payments for buying the Products on Website and DESHIMALL does not control the same and shall be liable for the same.

8.6 Payment Facility for Your orders: DESHIMALL may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of DESHIMALL’s fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. DESHIMALL shall initiate the remittance of the payments made by Your for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between DESHIMALL and sellers.

8.7 Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear all and any applicable taxes, charges, cesses etc. levied thereon in accordance with the Law or Government Regulations for the time being in force.

8.8. Non-payment: DESHIMALL.IN reserves the right to issue a warning, temporarily /indefinitely suspend or terminate Your membership of the Website and refuse to provide You with access to all current and future use of the Website in case of non-payment of fees by You to DESHIMALL.IN. DESHIMALL.IN also reserves the right to take legal action in case of non- payment of fees.

9. USE OF PLATFORM

9.1 You understand and agree that Deshimall and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. DESHIMALL.IN neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects or modifies the information contained in the transmission. DESHIMALL.IN has no control over the third party user generated contents and does not provide any guarantee with respect to any such contents and Deshimall shall not be held liable for any loss suffered by you based on your reliance on or use of such data/content.
9.2 You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:
9.2.1. “Your Information” is defined as any information you provide to us or other users of the Website (“Users”) in the registration (as Registered User or as Guest User), buying or listing 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 distribution and publication of Your Information.
9.2.2. Your Information (or any items listed): Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, user agreement and privacy policy, for access or usage of intermediary computer resources, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resources of Intermediary and remove non-compliant information.
9.2.3. In terms of Information Technology (Intermediaries Guidelines) Rules, 2011, you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

  1. belongs to another person and to which You do not have any right;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or is fraudulent or involves the sale of counterfeit or stolen items;
  5. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  6. violates any law for the time being in force;
  7. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  8. impersonate another person/entity;
  9. 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, cancel bots, 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;
  10. Threatens the unity, integrity, defense, 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.
  11. shall not be false, inaccurate or misleading;
  12. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, 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, DESHIMALL.IN does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items under General Policies and Rules which can be accessed at https://DESHIMALL.IN/faq/htmlshall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
  13. shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, The Indecent Representation of Women (Prohibition) Act, 1986, Information Technology Act 2000 as amended from time to time and rules there under;
  14. are identical to other items You have up for auction but are priced lower than Your item’s price, the reserve price of the item or minimum bid amount; are concurrently listed for sale on a Website other than the Website;

9.2.4. DESHIMALL.IN shall have the right to use Your Information as provided by You and such usage of Your information by us will not amount to violation of 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. DESHIMALL.IN will only use Your Information in accordance with the User Agreement and DESHIMALL.IN’s Privacy Policy.
9.2.5. 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.
9.2.6. In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform DESHIMALL.IN of the same at [email protected]
9.2.7. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under 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 and Your bidding on, 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. In particular You shall ensure that if any of Your items listed on the Website qualifies as an “Antiquity” or “Art treasure” as defined in the Antiquities and Art Treasures Act, 1972 (“Artwork”), You shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of said Act, and shall ensure that it is not delivered to the Buyer (as defined under the Buying section) at any place outside India.
9.2.8. 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.
9.2.9. 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 correct and accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner. It may be is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It may also possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve such unauthorized use, but by using the Website, You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
9.2.10. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to DESHIMALL.IN as detailed and agreed in MOU signed by Merchants/Sellers.
9.2.11 You agree that You or any of your affiliates, Subsidiaries, associate partners to your knowledge, any of your officers , directors or employees or vendors have not (i) made or offered to make or receive any direct or indirect payments in violation of any applicable Indian law including anti- bribery and anti- corruption laws and other laws including any contribution, payment, commission, rebate, promotional allowance or gift of funds, property or any other economic benefit in cash or kind of thing of value to or from any employee, official or agent of any employee, official or agent of any Governmental Authority where such an activity amounts to be illegal and in violation of applicable laws. If you have reasonable suspicion of the existence of such conduct, you shall immediately inform Deshimall of such knowledge and if requested by Deshimall, provide to Deshimall such information it may reasonably require regarding such conduct. Deshimall shall also have the right to audit periodically merchant/sellers, if need be in compliance of the above. Deshimall shall upon knowledge of such activities have the right to suspend or terminate the services without prior written notice should it become aware of a breach by the User of the representation and warranty given hereinabove.

10. PLATFORM FOR COMMUNICATION

  • All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and Deshimall has no control over such third party user generated content as Deshimall is merely an intermediary for the purposes of this Terms of Use.
  • Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without Deshimall’s express prior written consent.
  • You may use information on the products and services purposely made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
  • You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, “Content”). Such Content will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.
  • SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.

 11. PRIVACY

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent, we only use your information as described in the Privacy Policy. We view protection of user’s privacy as a very important community principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information on computers located in the United States and Asia Pacific at some of the best data centers in the world that are protected by physical as well as reasonable technological security measures and procedures in accordance with the Information Technology Act 2000 and rules there under. Our current Privacy Policy is available at https://DESHIMALL.IN/privacy-policy/. If you object to Your Information being transferred or used in this way, please do not use the Website.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing of information, unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required by us to provide you with the access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so under the law or in good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share some or all of your personal information with another business entity we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of the business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information?

Your Consent: 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 DESHIMALL.IN in accordance with DESHIMALL.IN Privacy Policy. You agree and acknowledge that you have read and fully understood the Privacy Policy and the terms and contents of such Privacy Policy as mentioned in the Website are acceptable by you.

12. BREACH & TERMS

Without limiting other remedies, DESHIMALL.IN may limit Your activity, immediately remove Your information or end Your listing, warn other Users of Your actions, temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with the access to the Website in the event, but not limited to:

  1. If You breach the User Agreement or Privacy Policy or the documents, agreements rules, policies, terms and conditions as incorporated herein by reference;
  2. If DESHIMALL.IN is unable to verify or authenticate any information provided by You
  3. If it is believed that your actions may cause legal liability for other Users or DESHIMALL.IN. We may at any time at our sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with DESHIMALL.IN or use the Website in any manner whatsoever until such time that such User is reinstated by DESHIMALL.IN. Notwithstanding the foregoing, if You breach the User Agreement or any other documents it incorporates by reference, DESHIMALL.IN reserves the right to recover any amounts due and owing by You to DESHIMALL.IN and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.

13. BUYING & SELLING

13.1 All purchases on the Website are a firm commitment to purchase. If you are the purchaser for any item, you are obligated to complete the transaction with the Seller.
By purchasing on an item you agree to be bound by the conditions of sale included in the item’s description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or are unlawful. In case of consumer goods, the Sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.
DESHIMALL.IN strongly advises you not to test the Website with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by DESHIMALL.IN.

Please note that in the event any inaccurate information is provided by you regarding your identity, Your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered Buyer on the Website we encourage you to post feedback for the Seller after the transaction is closed.

In case of purchase of an Artwork which is marked as “non-exportable” on the Website or it is illegal to export the same, You agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.

13.2 As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfillment of sales.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. DESHIMALL reserves the right to delete such multiple listings of the same product listed by you in various categories.

14. FULFILMENTS & SHIPPING

DESHIMALL.IN from time to time may offer certain fulfillment services to Sellers; however, Sellers remain responsible for the overall shipping quality, delivery, and cost of shipping. DESHIMALL.IN may provide pick-up and delivery services to Sellers but all of these services are provided as contract or outsourced services on behalf of the merchants. At no time, DESHIMALL.IN takes title or ownership of any product or inventory.

15. BUYER PROTECTION AT DESHIMALL.IN


DESHIMALL does not permit the merchants to sell duplicate, spurious, knock-offs or grey channel items. Merchant guarantees to sell only genuine products to customers through DESHIMALL.IN. All Merchants listing their products on DESHIMALL.IN are required to enter into an agreement to list and sell only genuine products. We also encourage the merchants to extend all the warranties, guarantees as entailed in the product by the Merchant/Seller to You, all this at a great price and with the best customer services in the industry. It is however clarified that the DESHIMALL seeks to ensure the aforesaid only on a best endeavor basis and does not assure or provide any personal warranties or assumes and liability or responsibility pertaining to the genuinely and authenticity of the products and/or the Seller, for which the Seller shall be solely responsible and liable.
If DESHIMALL.IN gains suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then DESHIMALL.IN may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against the Guest User of such member and/or disqualify that member and any related members from availing protection through this program.
IN reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, DESHIMALL.IN may at its sole discretion suspend, block, restrict, cancel the User ID [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.

Any people who, knowingly and with intent to injure, defrauds or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent under the law.

16. PAYMENTS

DESHIMALL.IN uses third party payment providers to receive payments from the Buyers on Seller’s behalf. DESHIMALL.IN is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. DESHIMALL.IN takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. Further, DESHIMALL.IN does not release the payment to Sellers until the order has been received by the Buyers and they are satisfied with it. DESHIMALL.IN shall only make payments to the Sellers subject to realization of payment received from the Buyer to DESHIMALL.IN. The Seller payment is typically net of the service fee charged by DESHIMALL.IN for its services and after deduction of applicable withholding taxes (if any).

17. DISCLAIMER OF WARRANTIES & LIABILITY

17.1 THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY DESHIMALL ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DESHIMALL MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE ORSERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DESHIMALL OR THROUGHTHE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

17.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DESHIMALL WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. DESHIMALL ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.

17.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DESHIMALL WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. DESHIMALL HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT DESHIMALL NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. DESHIMALL SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, DESHIMALL SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND DESHIMALL ‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. DESHIMALL IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. DESHIMALL ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

17.4 In the event You have purchased / downloaded the Website from any online application stores, whether provided by Apple, Inc., Google, Inc. or Blackberry Limited (or their respective affiliates) (collectively referred to as “Store Providers”), and there occurs any failure of the Website and / or Services, You may follow the process recommended by the Store Provider under the terms of the contract applicable between You and such Store Provider. The Store Providers shall not be liable for any (i) warranty obligations of DESHIMALL and related claims, losses, liabilities, damages, costs or expenses; (ii) product liability / consumer protection claims, and claims related to the Website’s non-conformity with any applicable laws; and (iii) any third party claims of infringement of intellectual property rights by the Website / DESHIMALL.

18. LIMITAION OF LIABILITY & INDEMNITY

18.1 In no event shall DESHIMALL.IN or its suppliers, affiliates, service providers and their respective officers, directors, employees, partner be liable for any direct, indirect, incidental, special, incidental, consequential , exemplary or punitive damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses or based on any theory of liability including breach of contract or warranty, negligence or other tortuous action or any other claim arising out of or in connection with Your use of or access to the Website, its services ,content or this agreement (however arising, including negligence).
DESHIMALL.IN’s entire and aggregate liability in any circumstance including these terms and conditions shall not exceed the greater of Indian Rupees One Hundred (INR 200) or the amount of fees, if any, paid by you to DESHIMALL.IN under the relevant order to which the cause of action for the liability related. DESHIMALL.IN, 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, DESHIMALL.IN assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

  1. Delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
  2. Any interruption or errors in the operation of the Website.

18.2 You agree to indemnify and hold harmless DESHIMALL.IN and (as applicable) DESHIMALL.IN’s parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys’ fees asserted against or incurred byDESHIMALL.IN, made by any third party arising out of Your breach or non-performance of terms of the User Agreement, DESHIMALL.IN Rules and Policies, or the documents they incorporate by reference, or Your violation of any law, rules or regulations or the rights of a third party.
DESHIMALLmay notify You of any claims which You shall be liable to indemnify DESHIMALL.IN against. You will then be required to consult with DESHIMALL.IN regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of DESHIMALL.IN without the express prior written consent of DESHIMALL.IN which can be withheld or denied or conditioned by DESHIMALL.IN in its sole discretion.

19. TRADEMARK, COPYRIGHT, RESTRICTION & GENERAL

This site is controlled and operated by DESHIMALL and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, are a commercial use for the purposes of this clause.

19.1. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and DESHIMALL.IN and You shall have no authority to bind DESHIMALL.IN in any manner whatsoever.
19.2. Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of DESHIMALL.IN to Clues Network Private Limited Attn: Legal Department, at DESHIMALL corporate office situated at A-530 Indramarg Laxminagar New Delhi-110092, (in the case ofDESHIMALL.IN) or to the email address You provide to us during the registration process (in Your case). Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
19.3. Severability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, DESHIMALL shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
19.4. Entire Agreement: This Agreement sets forth the entire understanding and agreement between you and DESHIMALL.IN with respect to the subject matter hereof.
19.5. Assignment:
You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. DESHIMALL.IN may transfer its rights and obligations (also known as “assign”) under this Agreement without Your prior express consent, provided that DESHIMALL.IN assigns the Agreement on the same terms or terms that are no less advantageous to you.

19.6 Trademark complaint: DESHIMALL respects the intellectual property of others. In case you feel that Your Trademark has been infringed, you can write to DESHIMALL at [email protected]

19.7 Product Description: DESHIMALL we do not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

19.8. Dispute Resolutions: Generally, transactions are conducted smoothly on DESHIMALL.IN. However there may be some cases where both the Buyers and Sellers may face issues. At DESHIMALL.IN, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.

A ‘Dispute’ can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.

It is important that before a Buyer/Seller raises a dispute, they should attempt to resolve the issue amicably between each other. Please note that whenever a Buyer raises a dispute, the Seller’s payment for that order is put on hold immediately until the issue is resolved.

Whenever there is a disagreement relating to any transaction, the users can write to [email protected]  in order to raise a dispute. Once a dispute is raised by either party, DESHIMALL.IN shall try to mediate or the resolve the matter amicably.

20. INTERMEDIACY

  1. If any dispute arises between You and DESHIMALL.IN during Your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by DESHIMALL.IN. The place of INTERMEDIACY & arbitration shall be New Delhi, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.

21. FEEDBACK & INFORMATION

21.1 Any feedback you provide to this Website shall be deemed to be non-confidential. DESHIMALL shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) DESHIMALL is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) DESHIMALL may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from DESHIMALL for the feedback under any circumstances.

21.2 To clarify, DESHIMALL may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however DESHIMALL shall not be obliged to do so. Further, in the event that DESHIMALL makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, you shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to DESHIMALL, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.