Website Terms of Use
Please read the following terms and conditions
(“T&C”) of www.dealvalues.in (“Website”) carefully before
using/browsing/accessing this Website or any information or material available
on or through this Website. The Website is owned by dealvalues (“dealvalues”).
You unconditionally agree that access to and
use of this Website is subject to the T&C and other applicable laws. If you
do not agree to these T&C or any part thereof, please do not
use/browse/access this Website in any way whatsoever. Should you proceed with
using/browsing/accessing the Website, you are acknowledging and agreeing that
are of legal age of 18 years or above and further agree to comply with as well
as be bound by these T&C, which together with our Privacy Policy (available
at https://www.dealvalues.in/privacypolicy) govern our relationship with ‘you’
in relation to the Website.
Definition
A.
“Content” means all
information, text, services, content, images, links, design, layout, look,
appearance, graphics, audio, video, audio-video, multimedia and materials
available on or through the Website.
B.
"Login"
means any method of registration accepted by the Website which enables a User
to have access to certain or all elements of the Website from time to time made
available to such Users.
C.
"User" means
any person who visits, browses, accesses or uses the Website in any way
whatsoever and through any medium, whether, computer, tablet, smart phone or
otherwise.
D.
"UGC" shall
refer to User Generated Content and shall include any and all data and content
(including without limitation text, images, graphics, audio, video and
audio-visual content) that User submits to the Website, for whatever purpose
Website Purpose
The Website assists you, as the User, to find
and avail various deals, coupons and prices of various merchants/products but,
this does not imply any kind of endorsement to such merchant websites or
products by dealvalues. Clicking on such deals, coupons or prices may redirect
you to the concerned merchant’s web page. While providing such deals, coupons
or prices, reasonable precautions and efforts are taken by dealvalues to ensure
that only latest valid deals, coupons & prices are mentioned on the
Website. Users must always check the merchant’s website terms & conditions
/ terms of use before availing or accessing any such deals, coupons or prices.
Product Description
dealvalues.in attempts to be as accurate as
possible. However, dealvalues does not warrant that product descriptions or
other content or such other information of this Website is accurate, complete,
reliable, current, or error-free.
Reviews, Comments & Other Communications
Visitors may post reviews, comments, photos,
and other content; send communications; and submit suggestions, ideas,
comments, questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise impermissible, injurious to third
parties or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings,
or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of
content. dealvalues reserves the right (but not the obligation) to remove or
edit such content, but does not regularly review posted content.
If you do post content or submit material, and
unless we indicate otherwise, you grant dealvalues a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You
grant dealvalues and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that
you own or otherwise control all of the rights to the content that you post;
that the content is accurate; that use of the content you supply does not
violate this policy and will not cause injury to any person or entity; and that
you will indemnify dealvalues for all claims resulting from content you supply.
dealvalues has the right (but not the obligation) to monitor and edit or remove
any activity or content. dealvalues takes no responsibility and assumes no
liability for any conte nt posted by you or any third party.
Permitted Website Use
A.
Unless otherwise
stated, dealvalues and/or its licensors own all intellectual property and
rights associated thereto in the Website and the Content available on the
Website. Reproduction of the Content, whether partly or fully, and in any way
and for any purpose whatsoever is prohibited other than as authorized under
these T&C. Subject to the limited licence grant below, all intellectual
property rights are expressly reserved.
B.
You may view, access,
download (for caching purposes only), and print pages and copy details of
offers/promotions/vouchers from the Website for your own, personal and
non-commercial use only, subject to the restrictions set out below and
elsewhere in these T&C.
C.
Subject to our express
written consent, you specifically agree that you will NOT:
- Publish or republish any Content, whether
in part or in full, from this Website.(including republication on another
website)
- Provide any Website link or hyperlink to
any third party website.
- Sell, rent or sub-license any Content,
whether in part or in full, from the Website to anyone anywhere in the
world.
- Show or depict any Content, whether in
part or in full, from the Website in public.
- Reproduce, duplicate, copy or otherwise
exploit any Content, whether in part or in full, on our Website for any
unauthorized, illegal, immoral or unlawful act or purpose.
- Edit or otherwise modify any Content,
whether in part or in full, on the Website.
- Use or misuse, whether partly or fully,
any intellectual property and any right associated thereto with respect to
any Content available on the Website
- Redistribute any Content, whether in part
or in full, to any media or medium, whether available now or in the
future, from the Website except for content specifically and expressly
made available for redistribution by the Website (such as newsletters and
updates)
- Use the Website in any way that causes or
may cause damage to the Website or impair the availability or
accessibility of the Website, whether temporary or permanent, or in any
way undertake any act or activity which is unlawful, illegal, fraudulent
or harmful
- Use the Website to copy, store, host,
transmit, install, link, hyperlink, send, use, publish or distribute any
Content which consists of (or is linked to) any spyware, malware, computer
or network virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software or code.
- Conduct any systematic or automated data
collection activities (including without limitation scraping, data mining,
data extraction and data harvesting) on or in relation to the Website.
- Use the Website to transmit or send
unsolicited commercial communications or spam in any way whatsoever.
- Use the Website for any purposes related
to marketing, publicity or advertising.
Restricted Access to the Website
A.
Access to certain
areas of the Website is restricted or prohibited. dealvalues reserves the right
to restrict or prohibit access, whether partly or fully and whether temporarily
or permanently, to other areas of the Website, solely at its discretion.
B.
If dealvalues provides
you with a user ID and password to enable you to access restricted areas of the
Website or any Content, you must ensure that that your user ID and password is
always kept strictly confidential. dealvalues will not be liable or responsible
for any loss or misuse of your user ID and password.
C.
dealvalues may, at its
sole discretion, disable your user ID and/or password without prior notice or
explanation.
User Generated Content (UGC)
A.
In certain or all
areas of the Website, dealvalues may permit you to submit UGC on the Website
strictly for non-commercial purposes. You hereby agree that you will not
submit, host, display, upload, modify, publish, transmit, update, link or share
any UGC that:
A.
Belongs to another
person and to which the User does not have any right or has been unlawfully
obtained.
B.
In any manner tantamount
to any publicity or promotion of any products or services.
C.
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.
D.
Harms minors in any
way
E.
Infringes any patent,
trademark, copyright or other proprietary or intellectual property rights.
F.
Violates any law for the
time being in force
G.
Deceives or misleads
any person about the origin of such UGC or communicates any information which
is grossly offensive or menacing in nature.
H.
Impersonates another
person.
I.
Contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource.
J.
Is illegal or opposed
to public policy.
K.
Does not confirm to applicable
laws.
L.
Is or has ever been
the subject of any threatened or actual legal proceedings or other similar
complaints, whether civil or criminal.
M.
Is defamatory.
B.
You hereby grant to
dealvalues a worldwide, irrevocable, non-exclusive, royalty-free licence to
use, reproduce, adapt, publish, translate and distribute your UGC, whether
partly or fully, in any manner and in all existing and/or future media. You
also grant dealvalues the right to sub-license the UGC for whatever term as
well as the right to bring an action for infringement or violation of these
rights anywhere in the world.
C.
You hereby acknowledge
and agree that nothing in your UGC shall prevent dealvalues from filing any
intellectual property or any right associated thereto anywhere in the world.
D.
dealvalues reserves
the right to edit or remove any UGC submitted by you to the Website, whether
temporarily or permanently.
E.
Notwithstanding
dealvalues’s rights under these T&C in relation to the UGC, dealvalues
shall be under no obligation to monitor the submission of any UGC to, or the
publication of such UGC on the Website.
Links to Third Party Website
As a matter of convenience to you, the Website
may provide/include links and hyperlinks to third party links and hyperlinks.
The listing of such third party external site does not imply endorsement of
such site by us. We do not make any representations regarding the availability
and performance of the Services or any of the external sites which could be
provided. If you click on any advertising banner, sponsor link, or other
external link from the Website, you may automatically be directed to a new
third party service / browser that is not hosted or controlled by us and we are
not responsible or liable in any way whatsoever for the content, terms of use,
privacy policies and practices of such third party service / browser.
Limited Warranties
A. The Website and the
Content contained herein are provided “AS IS” and without warranties of any
kind, whether express or implied. To the fullest extent permitted under law,
dealvalues disclaims any and all representations, conditions and warranties (whether
express or implied), including, but not limited to, implied warranties of
merchantability, usefulness, fitness for a particular purpose and
non-infringement. dealvalues does not represent or warrant that the Content on
the Website will be correct, accurate, adequate, useful, timely, suitable or
reliable or of satisfactory quality or that any Content or Website will be
uninterrupted or error-free or that the Content on the Website is kept
up-to-date at all times. dealvalues does not undertake to correct defects or
errors in the Content or the Website, or to ensure that the Website is free of
viruses or other harmful components.
B. The Website may contain
Content which is owned by and/or licensed to dealvalues. Your use of any
Content on the Website is entirely at your own risk, for which dealvalues shall
not be liable or responsible. It shall be your own responsibility to ensure
that any products, services or Content available on or through the Website
meets your specific requirements or purpose.
C. The Content provided on
the Website is intended for informational purposes only and is not intended to
constitute an offer or solicitation. dealvalues assumes no risk, liability or
responsibility for any consequence relating directly or indirectly to any
action or inaction that you take based on the Content on this Website.
Limitations of Liability
A.
To the fullest extent
permitted under law, dealvalues shall not be liable for any special or
consequential damages that result from the use of, or the inability to use the
Content or the Website, even if it has been advised of the possibility of such
damages.
B.
Nothing in these
T&C (or elsewhere on the Website) will exclude or limit dealvalues’s
liability for fraud, death or personal injury caused by its negligence, or for
any other liability which cannot be excluded or limited under applicable law.
C.
Subject to the
foregoing, dealvalues’s liability to you in relation to the use of the Website
or under or in connection with these T&C, whether in contract, tort
(including negligence) or otherwise, will be limited as follows:
1. To the extent that the Website and the Content
on the Website is provided free-of-charge, dealvalues will not be liable for
any loss or damage of any nature whatsoever.
2. dealvalues will not be liable for any
consequential, indirect or special loss or damage.
3. dealvalues will not be liable for any loss of
profit, income, revenue, anticipated savings, contracts, business, goodwill,
reputation, data, or information of any sort.
4. dealvalues will not be liable for any loss or
damage arising out of any event or events beyond its reasonable control or for
any force majeure event.
5. Impersonates another person.
6.
dealvalues’s maximum
liability in relation to any event or series of related events will be limited
to Rs. 10,000.
Indemnity
You hereby agree to indemnify dealvalues and
undertake to keep dealvalues indemnified from and against any and all losses,
damages, costs, liabilities and expenses (including without limitation legal
expenses and any amounts paid by dealvalues to a third party in settlement of a
claim or dispute on the advice of its legal advisers) incurred or suffered by
dealvalues arising out of any breach by you of any provision of these T&C,
or arising out of any claim that you have breached any provision thereof..
Breach of T&C
Without prejudice to dealvalues’s other rights
under these T&C, if you breach these any of the T&C in any way,
dealvalues may take such action as is deems appropriate to deal with such
breach, including suspending your access to the Website, whether temporary or
permanent, prohibiting you from accessing the Website, blocking computers using
your IP address from accessing the Website, contacting your internet service
provider to request that they block your access to the Website and/or bringing
court proceedings against you.
Amendments
dealvalues may revise, modify, amend or
supplement these T&C at any time for any reason. Revised terms and
conditions will apply to the use of our Website from the date of the
publication thereof on the Website. Please check this page regularly to ensure
you are familiar and agree with the current version. The revised terms and
conditions shall apply to all Users regardless of any future use or dealings
between such User and dealvalues, or lack of any such future use or dealings,
and shall survive termination of any such future usage or dealings.
Assignment and Sub-Assignment and Sub-Contracting
1.
Dealvalues may
transfer, assign, sub-contract or otherwise deal with its rights and/or
obligations under these T&C without notifying you in advance or obtaining
your prior consent.
2.
You may not transfer,
assign, sub-contract or otherwise deal with your rights and/or obligations
under these T&C and any revisions thereof in any way whatsoever.
Severability
If any provision of these T&C is
determined by any court or other competent authority to be unlawful and/or
unenforceable, the other provisions will continue in effect. If any unlawful
and/or unenforceable provision would be lawful or enforceable if part of it
were deleted, that part will be deemed to be deleted, and the rest of the
provision will continue in effect.
Waiver
No waiver of any term, provision or condition
of this Agreement whether by conduct or otherwise in any one or more instances
shall be deemed to be or construed as a further or continuing waiver of any
such term, provision or condition or of any other term, provision or condition
of this Agreement.
Governing Law and Jurisdiction
These T&C shall be governed and construed
in accordance with the laws of India in relation to any legal action or
proceedings to enforce these T&C. You irrevocably submit to the exclusive
jurisdiction of any competent courts situated at Mumbai, India and waive any
objection to such proceedings on grounds of venue or on the grounds that the
proceedings have been brought in an inconvenient forum.
Entire Agreement
These T&C, together with our Privacy
Policy, constitutes the entire agreement between you and dealvalues in relation
to your use of the Website, and supersedes all previous agreements in respect
of your use of this Website.
Trademarks
All trademarks, service marks, logos and
copyrights of dealvalues and used on the Website are the trademarks, service marks,
logos and copyrights of dealvalues. All trademarks, service marks and logos of
third parties, use of which does not imply endorsement of any kind by
dealvalues, used on the Website are the trademarks, service marks and logos of
such third parties.
Copyright
Copyright © 2019 dealvalues. All rights reserved.