These
policies are published in accordance with the provisions of Rule 3(1) of the
Information Technology (Intermediaries Guidelines) Rules, 2011, and are an
‘electronic record’ as contemplated under section 2(t) of the Information
Technology Act, 2000 and the Rules thereunder. These Terms being an electronic
record are generated by a computer system and do not require any physical or
digital signatures.
These Terms of Use
("Terms") apply to the website located at delbee.in and any other
websites or applications associated with Delbee brands or products that direct
the viewer or user to these Terms (collectively, the "Site",
“website”). In these Terms, the terms “Delbee,” “we,” and “us” refers to
Network Clothing Company Private Limited and affiliated companies.
Your access to and use of the
Sites is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who access or use the Site.
By accessing or using the Site you agree to be bound by these Terms. If you
disagree with any part of the Terms, then you should discontinue access or use
of the Site.
Access to the site:
The "site" is owned,
controlled & operated by SRI VISNU ENTERPRISES, Licensee of Delbee, - a company
incorporated under the Companies Act, 1956 with its registered office at 1/450-28,
Vaishnavi garden
4th street, Ranga Nagar, Chinneripalayam Panchayat, Avinashi, Tiruppur,
Tamil Nadu, 641654India
Ability to use the site:
In order to accept the Terms
and to use the Site, you must be at least 18 years of age ("Minimum
Age"). The Site not intended for users under the Minimum Age. You hereby
affirmatively represent that (a) you are at least the Minimum Age of 18; (b)
you have the consent of your parent(s) to use the Site if you are under 18
years of age; (c) you have all the applicable rights and authority to grant “Delbee”
the rights granted in these Terms; and (d) you have read, understood, and agree
to be bound by these Terms. If you are not at least the Minimum Age, do not
have parental consent, or you do not agree to all the terms and conditions of
these Terms, you may not use the Site. If You are using the “Site” on behalf of
any corporation, company, institution, association or other entity, the person
should be authorized by such corporation, company, institution, association or
other entity to use and access the “site”.
Compliance Requirements
You may not pretend that You
are, or that You represent, someone else, or impersonate any other individual
or entity.
You shall at all times ensure
full compliance with the applicable provisions of the Information Technology
Act, 2000 and rules thereunder as applicable and as amended from time to time
and also all applicable Domestic laws, rules and regulations (including the
provisions of any applicable Exchange Control Laws or Regulations in Force) and
International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations
(including, but not limited to Goods and Service Tax, Income Tax, Octroi,
Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of
Our service and Your listing, purchase, solicitation of offers to purchase, and
sale of products 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.
You shall not engage in
advertising to, or solicitation of, other Users of the Site to buy or sell any
products or services, including, but not limited to, products or services
related to that being displayed on the Site or related to us.
User Account
You may be required to register
and set up an account (“Account”) for using the Site by entering an email
address and password or by using any permitted social media account to sign in
("Account Information"). Delbee its sole discretion may ask for the
verification of Your Account Information provided by You and hence, it is
advisable to provide a valid information e.g. like email address or mobile
number etc. while creating an Account. The Site will set-up an account and
email the details of the Account at the email address provided.
You can create one Account only
and it is not permitted to transfer or interchange such Account to any other
person. The list of information required to be provided by You, the manner of
usage, protection and confidentiality of Your information and Account
information are more specifically dealt under the Site’s Privacy Policy and You
are requested to read the Privacy Policy in detail before sharing Your
information or creating an Account.
If You use the site, 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 Website and refuse to provide You with access to the Website.
Charges
Membership on the Website is
free for buyers. Delbee reserves the right to change its Fee Policy from time
to time. In particular, Delbee may at its sole discretion introduce new services
and modify some or all of the existing services offered on the Website. In such
an event Delbee reserves the right to introduce fees for the new services
offered or amend/introduce fees for existing services, as the case may be.
Changes to the Fee Policy shall be posted on the Website and such changes shall
automatically become effective immediately after they are posted on the
Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
You shall be solely responsible for compliance of all applicable laws including
those in India for making payments to Delbee.
User Conduct
You agree, undertake and
confirm that Your use of the Site shall be strictly governed by the following
binding principles:
You shall not host, display,
upload, modify, publish, transmit, update or share any information which:
·
belongs to
another person and to which You do not have any right to
·
is grossly
harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, invasive of another's privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money laundering
or gambling, or otherwise unlawful in any manner whatever
·
is misleading
in any way
·
involves the
transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming"
·
promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libellous
·
infringes upon
or violates any third party's rights including, but not limited to,
intellectual property rights, rights of privacy (including without limitation
unauthorized disclosure of a person's name, email address, physical address or
phone number) or rights of publicity
·
contains
restricted or password-only access pages, or hidden pages or images (those not
linked to or from another accessible page)
·
provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses
·
contains
video, photographs, or images of another person (with a minor or an adult).
·
tries to gain
unauthorized access or exceeds the scope of authorized access to the Site or to
profiles, blogs, communities, account information, bulletins, friend request,
or other areas of the Site or solicits passwords or personal identifying
information for commercial or unlawful purposes from other users
·
interferes
with another USER's use and enjoyment of the Site or any other individual's
User and enjoyment of similar services
·
infringes any
patent, trademark, copyright or other proprietary rights or third party's trade
secrets or rights of publicity or privacy or shall not be fraudulent or involve
the sale of counterfeit or stolen products
·
violates any
law for the time being in force
·
threatens the
unity, integrity, defence, security or sovereignty of India, friendly relations
with foreign states, or public order or causes incitement to the commission of
any cognizable offence or prevents investigation of any offence or is insulting
any other nation
·
shall not be
false, inaccurate or misleading
·
shall not
create liability for Us or cause Us to lose (in whole or in part) the services
of Our internet service provider ("ISPs") or other suppliers
A User may be considered
fraudulent or loss to business due to fraudulent activity if any of the
following scenarios are met:
·
Users doesn't
reply to the payment verification mail sent by DELBEE
·
Users fails to
produce adequate documents during the payment details verification
·
Misuse of
another User's phone/email
·
Users uses
invalid address, email and phone no.
·
Overuse of a
voucher code
·
Use of a
special voucher not tagged to the email ID used.
·
Users returns
the wrong product
·
Users refuses
to pay for an order
·
Users involved
in the snatch and run of any order
·
Miscellaneous
activities conducted with the sole intention to cause loss to business/revenue
to DELBEE
·
User with a
very high return rate
·
Repeated
request for monetary compensation for fake/used order
DELBEE may cancel any order
that classify as 'Bulk Orders'/'Fraud orders' under certain criteria at any
stage of the product delivery. An order can be classified as 'Bulk
Order'/'Fraud Order' if it meets with the below mentioned criteria, and any
additional criteria as defined by DELBEE:
·
Products
ordered are not for self-consumption but for commercial resale
·
Multiple
orders placed for same product at the same address, depending on the product
category.
·
Bulk quantity
of the same product ordered
·
Invalid
address given in order details
·
Any
malpractice used to place the order
·
Any
promotional voucher used for placing the 'Bulk Order' may not be refunded
·
Any order
paced using a technological glitch/loophole.
You shall not use the Site for
any unlawful and fraudulent purposes, which may cause annoyance and
inconvenience and abuses any policy and rules of the company and interrupt or
causes to interrupt, damages the use by other Users of DELBEE.
You shall not use any false
e-mail address, impersonates any person or entity, or otherwise misleads DELBEE
by sharing multiple address and phone numbers or transacting with mala-fide
intentions.
We on certain landing page even
allow our Users to experience free exchange of ideas and observations regarding
interest in the field of fashion, including ‘viewing user generated content’
and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting
any user generated content to any specific dedicated page on the Site, you
accept and consent to the practices described in these ‘Terms of Service’ and
‘Privacy Policies’, as well as any other terms of prescribed by the DELBEE on
the Site. You agree and undertake that when accessing, viewing and/or posting any
user generated content on these pages You will not imitate, abuse, harass, any
Customer/User or violate and exploit, any of these ‘Terms of Service’ of the
Site.
You shall not use any
"deep-link", "page-scrape", "robot",
"spider" or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the Site or any Content, or in any way reproduce
or circumvent the navigational structure or presentation of the Site or any
Content, to obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through the Site. We reserve Our
right to bar any such activity.
You shall not attempt to gain
unauthorized access to any portion or feature of the Site, or any other systems
or networks connected to the Site or to any server, computer, network, or to
any of the services offered on or through the Site, by hacking, password
"mining" or any other illegitimate means.
The Content posted does not
necessarily reflect DELBEE views. In no event shall DELBEE assume or have any
responsibility or liability for any Content posted or for any claims, damages
or losses resulting from use of Content and/or appearance of Content on the Site.
You hereby represent and warrant that You have all necessary rights in and to
all Content which You provide and all information it contains and that such
Content shall not infringe any proprietary or other rights of third parties or
contain any libellous, tortious, or otherwise unlawful information.
DELBEE hereby disclaim any
guarantees of exactness as to the finish, appearance, size, colour etc., of the
final Product as ordered by the User. DELBEE Return & Exchange Policy
offers you the option to return or exchange items purchased on DELBEE within
the return/exchange period (Please read the Product Detail Page to see the
number of days upto which a product can be returned/exchanged, post-delivery).
In case of return of the purchased item, please refer to the "Return
Policy" on our DELBEE.
Color
DELBEE has made all attempts to
exhibit the colours of the Products that appear on the Site as accurately as
possible. However, DELBEE do not guarantee any change in colour as seen by you
owing to the actual colours of your monitor/screen and further does not
guarantee that your monitor's display of any colour will be accurate.
Limitation Of Liability
DELBEE will not be liable for
short delivery or defective Products unless a claim is notified by you in
writing within 48 Hours of delivery in accordance with Return and Exchange
Terms. The notification must include the invoice number, delivery note number
and details of the claim. DELBEE will not be liable in any way for loss,
damage, costs or expenses (including loss of profit, revenue, goodwill or data)
arising directly or indirectly from any failure or delay in performing any
obligation under this Agreement by reason of any event or circumstance outside
the reasonable control of DELBEE, including but not limited to), any strikes,
industrial action, failure of power supplies or equipment, government action or
Act of God.
The Site is provided devoid of
any warranties or guarantees. The End User must bear the risks associated with
the use of the Site.
The Site provides content which
are sourced from other websites or resources and while DELBEE tries to ensure
that material included on the Site is correct, reputable and of high quality, DELBEE
does not acknowledge any responsibility if this is not the case. DELBEE will
not be responsible for any errors or omissions or for the results obtained from
the use of such information or for any technical problems you may experience as
a result of the use of the Site.
DELBEE, its associates and
technology partners make no representations or warranties about the accuracy,
reliability, completeness, current-ness and/or timeliness of any content,
information, software, text, graphics, links or communications provided on or
through the use of the Site or that the operation of the Site will be error
free and/or uninterrupted. Consequently, DELBEE assumes no liability whatsoever
for any monetary or other damage suffered by you on account of the delay,
failure, interruption, or corruption of any data or other information
transmitted in connection with use of the Site; and/or any interruption or
errors in the operation of the Site.
You expressly understand and
agree that DELBEE and its subsidiaries, affiliates, officers, employees,
agents, partners and licensors shall not be liable to you for any direct,
indirect, incidental, special, consequential or exemplary damages, including,
but not limited to, damages for loss of profits, goodwill, use, data or other
intangible losses (even if DELBEE has been advised of the possibility of such
damages), resulting from use of the Site, sale and supply of Products content
or any related goods and services.
Without prejudice to the
generality of the section above, the total liability of DELBEE to you for all
liabilities arising out of this T&C under any applicable law is limited to
the order value of the Product ordered by you.
This limitation of liability
section shall prevail over any conflicting or inconsistent provision contained
in any of the documents comprising this Agreement. It is up to you to take
precautions to ensure that whatever you select for your use is free of such
items as viruses, worms, trojan horses and other items of a destructive nature.
Indemnity
You agree to indemnify and hold
DELBEE (and its officers, directors, agents, subsidiaries, joint ventures, and
employees) harmless from any claim or demand, including reasonable attorney’s
fees, or arising out of or related to your breach of this T&C, or your
violation of the rights of a third party including but not limited to breach of
any warranties, representations or undertakings or in relation to the
non-fulfilment of any of your obligations under this End User Agreement or
arising out of violation of any applicable laws, regulations including but not
limited to 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
T&C.
Severability
If any of the Terms shall be
deemed void, invalid or unenforceable for any reason, that condition shall be
deemed several and shall not affect the enforceability of any remaining
provision.
Customer Communication
DELBEE will communicate with
you about your order and the purchased product through any of the mode using
email, SMS and telephone or all of them or any other mode. Account holders must
provide a valid email address and contact telephone and/ or mobile number to DELBEE
for this purpose. When you use the Site or send emails to DELBEE, you are
communicating with DELBEE electronically. You consent to receive communications
from DELBEE electronically. Please note that we may not be able to contact you
on your mobile number in case your mobile number is part of DNC (Do Not Call)
list as generated by TRAI (Telecom Regulatory Authority of India).
From time to time, DELBEE will
also send you marketing material. If you do not wish to receive such material,
you may unsubscribe from our mailing list at any time by using the unsubscribe
function in the electronic marketing communication or by contacting Customer
Care.
You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
DELBEE Promotional alerts are
SMS messages that are sent to opted in users that contain promotional content
for DELBEE customers. All DELBEE Promotional Alerts are complimentary, Message
& Data Rates May Apply. Depending on your plan, you may be charged by your
network operator. To stop receiving all DELBEE Promotional Alert messages, mail online@delbee.in . Once your mobile number is
removed from our system, you will receive a final confirmation message and no
further messages will be sent to your mobile number. Alternatively, you can
enrol in the national Do Not Call (DNC) list by following the instructions here
http://ndnc.in/
How are the messages sent?
We may use auto dialler or
non-auto dialler technology to send the text messages described above to the
mobile phone number you supply when you opt in.
Privacy Notice: You can review
our privacy notice posted in this site.
Site-Provided Email And Postings
The Site may provide End Users
with the ability to send email messages to other End Users and non-End Users
and to post messages on the Site. DELBEE is under no obligation to review any
messages; information or content ("Postings") posted on the Site by
End Users and assumes no responsibility or liability relating to any such
Postings. Notwithstanding the above, DELBEE may from time to time monitor the
Postings on the Site and may decline to accept and/or remove any email or
Postings. You understand and agree not to use any functionality provided by the
Site to post content or initiate communications that contain:
(i) Any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful,
racially, ethnically or otherwise objectionable material of any kind,
including, but not limited to, any material which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law. (ii)
Advertisements or solicitations of any kind. (iii) Impersonate others or
provide any kind of false information. (iv) Personal information such as
messages which state phone numbers, social security numbers, account numbers,
addresses, or employer references. (v) Messages by non-spokesperson employees
of DELBEE purporting to speak on behalf of DELBEE or containing confidential
information or expressing opinions concerning DELBEE. (vi) Messages that offer
unauthorized downloads of any copyrighted or private information. (vii)
Multiple messages placed within individual folders by the same End User
restating the same point. (viii) Chain letters of any kind. (ix) Identical (or
substantially similar) messages to multiple recipients advertising any product
or service, expressing a political or other similar message, or any other type
of unsolicited commercial message. This prohibition includes but is not limited
to a) Using DELBEE invitations to send messages to people who don't know you or
who are unlikely to recognize you as a known contact; b) Using DELBEE to
connect to people who don't know you and then sending unsolicited promotional
messages to those direct connections without their permission; and c) Sending
messages to distribution lists, newsgroup aliases, or group aliases.
Links
The Site or third parties may
provide links to other World Wide Web sites or resources. Because DELBEE has no
control over such sites and resources, you acknowledge and agree that DELBEE is
not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any content, advertising,
products or other materials on or available from such sites or resources. You
further acknowledge and agree that DELBEE shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods or
services available on or through any such site or resource.
Access To Password Protected/Secure Areas
Access to and use of password
protected and/or secure areas of the Site is restricted to authorized End Users
only. Unauthorized individuals attempting to access these areas of the Site may
be subject to prosecution.
Trademarks
All material and content on the
Site, including but not limited to the images, illustrations, audio clips,
video clips, logos, trademarks and/or service marks are protected by
copyrights, trademarks, and other intellectual property rights
("Content") that are owned and controlled by us or by other parties
that have licensed their material to us. End Users are prohibited from using
any Content for any purpose including, but not limited to use as meta-tags on
other pages or sites on the World Wide Web without the written permission of DELBEE
or such third party which may own the Marks. End Users are prohibited from
modifying, copying, distributing, transmitting, displaying, publishing,
selling, licensing, creating derivative works or using any Content available on
or through the Site in any way for commercial or public purposes.
Billing
The price of our merchandise is
inclusive of all taxes. DELBEE reserves’ the right to collect the taxes for
shipping charges wherever applicable.
Survival Of Terms After Agreement Ends
Notwithstanding any other
provisions of this T&C, or any general legal principles to the contrary,
any provision of this T&C that imposes or contemplates continuing
obligations on a party will survive the expiration or termination of this
T&C.
Miscellaneous
The Products, Services and the
Site being offered by DELBEE hereto are subject to laws of the Republic of
India. Use of the Products, Services and/or the Site for any other country or
jurisdiction is at your sole risk. If any of these conditions are deemed
invalid, void, or for any reason unenforceable, the parties agree that the
court should endeavour to give effect to the parties’ intentions as reflected
in the provision, and the unenforceable condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining condition.
From time to time DELBEE may offer special promotional offers which may or may
not apply to your DELBEE account. To avail of such promotional offers, you
agree to be bound by any additional terms and conditions for these special
offers which are laid down by DELBEE. This T&C and the relationship between
you and DELBEE will be governed by the laws as applicable in India. Any
dispute(s) arising out of this T&C will be handled in the competent courts
of Tirupur, India. The failure of DELBEE to act with respect to a breach by you
or others does not waive its right to act with respect to subsequent or similar
breaches. DELBEE do not guarantee it will act against all breaches of this
T&C. Except as otherwise, expressly provided in this T&C, there shall
be no third-party beneficiaries to this T&C. This T&C constitutes the
entire agreement between you and DELBEE and governs your use of the Site,
superseding any prior agreements between you and DELBEE with respect to the
Site.
Disclaimer
To the fullest extent permitted
by law, this site and all contents of the site are provided on an "As
is" basis without warranties of any kind, either express or implied,
including without limitation warranties of title or implied warranties of
merchantability or fitness for a particular purpose. You acknowledge, by your
access to and use of the site that it is at your sole risk, that you assume
full responsibility for all costs associated with all necessary serviceing or
repairs of any equipment or any communication network or lines you use in
connection with your access to and use of the site, and that page industries
ltd. Shall not be liable for any damages of any kind related to your access to
and use of the site. SRI VISNU ENTERPRISES
. Further makes no
warranties or representations about the accuracy of completeness of the user
submissions on the site, the site's content or the content of any sites linked
to or from this site. SRI VISNU ENTERPRISES Assumes no liability or
responsibility for an y (I) errors, mistakes, or inaccuracies of content, (ii)
personal injury or property damage, of any nature whatsever, resulting from
your access to and use of the site, (iii) any unauthorized access to or use of
our secure servers and/or third party secure servers hosting and/or
administering the site and/or any and all personal information and/or financial
information stored therein, (iv) any interruption or cessation of transmission
to or from the site, (v) any bugs, viruses, trojan horses, or the like which
may be transmitted to or through our website by any third party, and/or (vi)
any errors or omissions in any content or for any loss or damage of any kind
incurred as a result of the use of any content posted, emailed, transmitted, or
otherwise made available via the site.
