Terms

Please read the following terms and conditions very carefully as your use of services and products on our website business.desidime.com (“our Website”) is subject to your acceptance of and compliance with the following terms and conditions.

Before using our services, you must read the Terms of Use given below. If you do not agree to be bound by the terms and conditions you may not use our services or subscribe to our services. By visiting our Website you agree that you have read, acknowledged and confirmed the terms and conditions and agree at all times to be bound by them.

The term “Merchant Hub” and/or “DesiDime” is used through this entire “Terms of Use” document to refer to the Website of the company Parity Cube Private Limited, which owns and operates the Website, its officers, directors, employees, affiliates, group companies, subsidiaries, agents, representatives and subcontractors.

Introduction

DesiDime is an online shopping portal that lists deals from other shopping websites on the internet. It is neither an online merchant nor does it source its own products and services. It is a user driven online shopping community that is created to provide a platform for users to collaborate, and share information ideas, views and experiences in order to make the best shopping experience. We make available products and services of different brands, merchants and dealers on a single platform to augment convenience of our users. DesiDime does not produce / purchase / manufacture any goods nor does it sell any goods. We do not promote a particular brand or work for a particular brand.

DesiDime through its sub-domain business.desidime.com provides a platform to its Merchants to directly create their store page on DesiDime, post deals in Featured Deal section and / or the Popular Deals Section and to create threads in the various Forums on DesiDime. This platform is hereinafter defined as ‘Merchant Hub’ and the facility is available for all registered Merchants on DesiDime’s sub-domain business.desidime.com

Services offered

DesiDime allows its Merchants to do the following activities using business.desidime.com –

Only Merchants who are registered and approved with DesiDime on business.desidime.com are allowed to use the Merchant Hub facility. DesiDime may at its sole discretion, approve / reject Merchants from using the Merchant Hub. DesiDime is not liable in any manner to provide explanation / justifications for rejection of a particular Merchant. If at any time after approving the account, DesiDime is of the view that the information provided by the Merchant is incorrect / false/ fictitious/ inaccurate/ not current or incomplete, DesiDime reserves the right to delete the Merchant account with or without notice to user.

The Services provided by DesiDime shall be subject to the Terms of Use which may be updated by DesiDime from time to time. Please re-visit the link “Terms of Use” on our Website to stay abreast of any changes that we may introduce. You must be at least 18 years of age to use the Services offered by us. If you are below 18 years of age, you are strictly prohibited from registering on our Website or doing any act which leads us to believe that you are 18 years of age or above. If you are the parent or guardian of a child under 18 years of age you, provide your consent to your child’s registration with our Website and you agree to be bound by the terms and conditions of this “Terms of Use” in respect of their use of our Website. By using the Services in any manner, you are agreeing to comply with the

Terms of Use contained herein.

Certain sections or pages of this Website may contain separate terms and conditions, which are in addition to these Terms of Use. We recommend that you read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those specific sections or pages.

The information and materials on our Website may contain typographical errors or inaccuracies. DesiDime reserves the right, in its sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the information and materials on this Website and to suspend and/or deny access to this Website and/or our mobile application or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.

You represent and warrant that

  • You have full power and authority to accept the Terms and any agreements incorporated or referred to herein;
  • You have and hereby grant to DesiDime and its affiliates all the necessary licenses and clearances to use the content contained in your advertisements and advertising materials as specified in your order and subject to these Terms;
  • You are in compliance with all state, and local laws, ordinances, regulations, and codes which are applicable to your performance of these Terms and proposed use of the Platform; and
  • all factual information provided by you is true and accurate in all material respects.

If you are acting as an agent for a merchant, you represent and warrant that you have the authority as the Merchant’s agent to bind Merchant to these Terms and to the terms of each order, and that all of your actions related to these Terms and each order will be within the scope of such agency.

Access To Merchant Hub

Access to business.desidime.com through your computer/laptop and the software designed to support your tablet or other similar devices has been provided to give you ready and convenient access to the Merchant Hub services. All rights, privileges, property and Intellectual Property contained in the software designed shall at all times remain the sole and exclusive property of DesiDime. You will not be authorized to copy, reproduce or license the rights contained therein or create similar software by unauthorized use of the source code/object code contained in the software or run a similar program to support other applications on your/third party’s mobile/cell phone/tablet or other communication device.

The login procedure for access to business.desidime.com is a standard one. You will be required to visit the website and enter your login details (Login id and password) to begin with. On entering your login details, your account will be available for access. The Merchant shall solely be responsible for maintaining the confidentiality and security of its login details and for all activities done using their account. We advise you to log out from your account after using it to avoid unauthorised usage of your account or misuse of your login details or misuse of any other information or content associated with business.desidime.com In event of loss or theft of your device which is being used to access business.desidime.com , your Merchant Hub account may be accessed by unauthorised person which may lead to loss of confidential data contained in your Merchant Hub account or illegal operation of your Merchant Hub account. DesiDime shall not be responsible for any loss, claim, damage or liability arising out of unauthorised access gained by any person or unauthorised access gained by such person. DesiDime shall not be responsible or liable in any way for any dispute arising in this regard and any dispute may be defended by DesiDime entirely at the User’s risk as to cost and consequences. Also, the User will indemnify DesiDime for any loss, harm, damage or liability arising out of unauthorised usage of Merchant Hub.

Review process

Here's how it works:

  • You create your featured deal / thread / online store, select targeting, and submit payment.
  • Upon submitting payment, your featured deal / thread / online store enters our review process and is awaiting approval. Please note that we do not review the authenticity or correctness or genuineness of the deal / thread submitted.
  • Your featured deal / thread / online store will be reviewed within one business day.

Approvals

  • Once your request has been accepted by the DesiDime team, you're all set until your featured deal / thread / online store launches! You'll receive an on site notification to the account associated with your DesiDime username that your request has been approved.
  • You will be able to edit your request only till it is approved, once your ad has been approved you will not be able to edit it again.
  • Your featured deal / thread / online store will be reviewed within one business day.

Rejections

Please refer to your rejection notification or mail sent to your registered mail id for explanation on why your featured deal / thread / online store was not approved. If you want to amend your request to align with DesiDime Terms and policies, you can edit and re-submit your request for review. If you have any further questions, please send us an email at [email protected].

MOBILE APPLICATION / WEBSITE FOR MERCHANT HUB

DesiDime does not currently have a mobile website or a mobile application for its Merchant Hub platform. In this regard, we request you to be cautious of bogus or fake mobile applications urging free or pre-paid download in the name of Merchant Hub or name similar to it or DesiDime.

DesiDime in this regard disclaims any liability, damage, loss or harm which you may suffer, directly or indirectly, by virtue of:

  • Harm Caused To Your Mobile Or Other Communication Device By Download Of Any Contaminated/Destructive Viral Elements Or Any Content Accompanied By Such Download; Or
  • Purchase Of Products/Services From The Mobile Application Downloaded;
  • Claims Made On DesiDime for Refund Of Charges Paid In Relation To Such Paid Mobile Applications.

USE OF MERCHANT HUB

Once the Merchant is an approved and registered user on Merchant Hub, the Merchant can create its own store/ upload deals into featured deal section or popular deals section and / or create a thread in the discussion forum. Each of the aforementioned activity is a chargeable activity. The charges have been displayed on the website (link). DesiDime reserves the right to change the charges for each or any of the activity at any time after displaying the same on the website. Merchant will be liable to pay the charges displayed on the website at all times.

For the purpose of creating store/ uploading deals into featured deal section or popular deals section/ and / or create a thread in the discussion forum, Merchant will be first required to make payment into the online wallet available on the Merchant Hub. Request you to refer to the PAYMENT section for further details.

Once merchant has been registered on business.desidime.com , he will be given limited access to www.desidime.com. The merchant can carry on activities like posting / replying on threads only through his account on merchant.desidime.com. From the general user account on desidime.com, Merchant will have limited access like replying to comments on thread created by Merchant from Merchant Hub.

  • Harm Caused To Your Mobile Or Other Communication Device By Download Of Any Contaminated/Destructive Viral Elements Or Any Content Accompanied By Such Download; Or
  • Purchase Of Products/Services From The Mobile Application Downloaded;
  • Claims Made On DesiDime for Refund Of Charges Paid In Relation To Such Paid Mobile Applications.

PAYMENT

For creating a featured deal / thread / online store, every Merchant will be required to make payment for the necessary request based on the payment chart provided to them or displayed on the website.

Merchants are required to make the payments using Citrus Pay payment gateway available on the website. Once, the Merchant uses the CitrusPay payment gateway to make the payments, Merchant would be also required to comply with the terms of use and other terms and conditions of CitrusPay in relation with the payment. Any non-compliance or non-adherence to the terms of CitrusPay mentioned on DesiDime website or Citrus website, as the case may be, will result into the Merchant being liable for any loss / damage or harm (by whatever name called) caused to DesiDime or CitrusPay due to such non-compliance.

Once the payment has been made using the payment gateway, Merchant will be entitled to use the money only on the Merchant Hub website. In case of excess payment made or money not utilized by the Merchant, for whatever reasons, the amount will not be refunded to the Merchant. The amount so paid will be available to the Merchant for use on the Merchant Hub website at all times. Accordingly, we request the Merchants to exercise caution while making payments as the payments once made are not entitled to refund by either DesiDime or CitrusPay.

Once a request has been submitted by the Merchant for creation of online store / featured deal / thread or for any other facility made available on the Merchant Hub from time to time, an invoice will be generated on the Merchant Hub website for the request made by the Merchant. On every invoice generated, DesiDime will charge an additional amount towards service tax at the rates in force on the date when the invoice is generated. The amount of service tax is collected and deposited with the Government of India, as required by law.

Every request made by the Merchant on Merchant Hub is considered to be a contract between the Merchant and the Merchant Hub. Hence, Merchant Hub provides a facility to the Merchant to deduct tax at source at the rate of 2% under section 194C of the Income-tax Act, 1961, on every payment to be made by the Merchant on the Merchant Hub. In case your Company policies require deducting tax at a different rate, request you to please get in touch at [email protected] for further assistance in the matter.

Once the amount net of taxes at source is paid, you will be able to submit your request for activity on Merchant Hub and the same will then be approved. In a situation, where your request for featured deal / thread / store creation or any other activity on Merchant Hub is approved initially but later on the payment made by the Merchant does not go through, for whatever reasons, the Merchant is required to pay the amount to DesiDime within one business day from the date of intimation by DesiDime to the Merchant. In case of non-payment, DesiDime reserves the right to take legal action against the Merchant in addition to charging interest at 18% p.a. for the period of non-payment.

You understand, accept and agree that the payment facility provided by the website is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. The Merchants are bound by the terms of use of this website and shall also be bound by the terms of use of Citrus payment gateway or any other payment gateway DesiDime may use on its Merchant Hub. DesiDime reserves the right to impose limits on the number of transactions or transaction price or the amount permitted to be kept in wallet, as may be required by Citrus Pay or the Reserve Bank of India. In case, the amount in wallet exceeds Rs. 10,000 Merchant may be required to comply with Know Your Client (‘KYC’) requirements as prescribed by Citrus Pay or any other payment gateway that DesiDime may tie up with and the Reserve Bank of India as the case may be. In case of any refunds / chargebacks from the wallet, the relevant terms and charges of Citrus payment gateway shall be applicable including but not limited to charges applicable on chargebacks / refunds, which may be recovered from the merchant.

CONDUCT ON THE WEBSITE

You hereby agree to not post, email, or otherwise make available Content:

  • Engage in self-promotional activities on the website;
  • That Is Unlawful, Harmful, Threatening, Abusive, Harassing, Defamatory, Libelous, Invasive Of Another's Privacy, Or Is Harmful To Minors In Any Way;
  • That Harasses, Degrades, Intimidates Or Is Hateful Towards An Individual Or Group Of Individuals On The Basis Of Religion, Gender, Sexual Orientation, Race, Ethnicity, Age, Or Disability;
  • That Impersonates Any Person Or Entity, Including, But Not Limited To, A DesiDime Employee, Or Falsely States Or Otherwise Misrepresents Your Affiliation With A Person Or Entity (This Provision Does Not Apply To Content That Constitutes Lawful Non-Deceptive Parody Of Public Figures);
  • That Includes Personal Or Identifying Information About Another Person Without That Person's Explicit Consent;
  • That Is False, Deceptive, Misleading, Deceitful, Mis-Informative, Or Constitutes "Bait And Switch";
  • That Infringes Any Patent, Trademark, Trade Secret, Copyright Or Other Proprietary Rights Of Any Party, Or Content That You Do Not Have A Right To Make Available Under Any Law Or Under Contractual Or Fiduciary Relationships;
  • That Constitutes Or Contains "Affiliate Marketing," "Link Referral Code," "Junk Mail," "Spam," "Chain Letters," "Pyramid Schemes," Or Unsolicited Commercial Advertisement;
  • That Advertises Any Illegal Service Or The Sale Of Any Items The Sale Of Which Is Prohibited Or Restricted By Any Applicable Law In India Or Any Of Its Constituent States;
  • That Contains Software Viruses Or Any Other Computer Code, Files Or Programs Designed To Interrupt, Destroy Or Limit The Functionality Of Any Computer Software Or Hardware Or Telecommunications Equipment;
  • That Disrupts The Normal Flow Of Dialogue With An Excessive Amount Of Content (Flooding Attack) To The Service, Or That Otherwise Negatively Affects Other Users' Ability To Use The Service; Or
  • That Employs Misleading Email Addresses, Or Forged Headers Or Otherwise Manipulated Identifiers In Order To Disguise The Origin Of Content Transmitted Through The Service.
  • Make Unsolicited Contact With Anyone For Any Commercial Purpose;
  • "Stalk" Or Otherwise Harass Anyone;
  • Collect Personal Data About Other Users For Commercial Or Unlawful Purposes;
  • Use Automated Means, Including Spiders, Robots, Crawlers, Data Mining Tools, Or The Like To Download Data From The Service, Unless Expressly Permitted By DesiDime;
  • Post Non-Local Or Otherwise Irrelevant Content, Repeatedly Post The Same Or Similar Content Or Otherwise Impose An Unreasonable Or Disproportionately Large Load On Our Infrastructure;
  • Post The Same Item Or Service In More Than One Forum;
  • Attempt To Gain Unauthorized Access To DesiDime's Computer Systems, Servers Or Engage In Any Activity That Disrupts, Diminishes The Quality Of, Or Interferes With The Performance Of, Or Impairs The Functionality Of, The Service Or The Website; Or
  • Use Any Form Of Automated Device Or Computer Program That Enables The Submission Of Postings On DesiDime Without Each Posting Being Manually Entered By The Author Thereof (An "Automated Posting Device"), Including Without Limitation, The Use Of Any Such Automated Posting Device To Submit Postings In Bulk, Or For Automatic Submission Of Postings At Regular Intervals.
  • Use Any Form Of Automated Device Or Computer Program ("Voting Tool") That Enables The Use Of DesiDime "Topic Voting System" Without Each Vote Being Manually Entered By The Person;
  • Remove Or Change Any Content Of The DesiDime Domain Or Attempt To Circumvent Security Or Interfere With The Proper Working Of The DesiDime Domain Or Any Servers On Which It Is Hosted;
  • Misuse Passwords Or Misuse Of Other Information Or Content On The DesiDime Website and/or our mobile application;
  • Damage, Disable, Overburden, Or Impair The DesiDime Website Or Service Or Interfere With Any Other Party's Use And Enjoyment Of Any DesiDime Website Or Service.
  • Gain Unauthorized Access To Any DesiDime Website Or Service, Computer Systems Or Networks Connected To Any DesiDime Website Or Service, Through Hacking, Password Mining Or Any Other Means.
  • Create Links To Our Website and/or our mobile application From Any Other Website, Without Our Prior Written Consent;
  • Frame Or Replicate The Home Page Of DesiDime Website Containing Such Content That Is Unlawful, Threatening, Abusive, Libelous, Pornographic, Obscene, Vulgar, Indecent, Offensive Or Which Infringes The Intellectual Property Rights Of DesiDime Or Rights Of Any Third Party;
  • Misuse, Replicate Or Copy The Source Code And The Object Code Contained In The Computer Program Of The DesiDime Website;
  • Otherwise Do Anything That It Is Not Expressly Permitted By The Terms Of This "Terms Of Use" Document.

PROHIBITED ADVERTISEMENTS AND PRACTICES

While DesiDime does not review the threads / deals or any other content posted by the Merchant via Merchant Hub as regards its correctness / authenticity / reliability or genuineness, DesiDime specifically prohibits and refrains from promoting deals / threads or content related to the following categories of products and services on its Platform:

  • Products or Services in Violation of Trade Policies
  • Counterfeit Goods
  • Hazardous Products or Services
  • Financial Instruments
  • Obscene, Offensive, or Inappropriate Content
  • Deceptive, Untrue, or Misleading Advertising
  • Adult-Oriented Products or Services
  • Alcohol
  • Any other products or services which are provided in violation of law of any country or violates any human rights
  • Any content posted which violates or infringes any third-party rights including but not limited to copyrights, trademarks, rights to privacy or publicity or other personal or proprietary rights
  • Gambling and Gambling-Related Services
  • Paid Fantasy-Sports Games
  • Health-Related Advertisements
  • Political Advertisements
  • Unofficial Resale of Event Tickets
  • Live Animals

CONSEQUENCES FOR VIOLATIONS

In its sole discretion, DesiDime will determine the consequences for a violation of the Policy or of the rejection of any submitted content. Consequences may include the following:

  • Disapproval: Content in conflict with these Termsor determined to be inappropriate for the Platform, in DesiDime’s sole discretion, may be disapproved by DesiDime.
  • Restriction: DesiDime, in its sole discretion, may restrict or entirely prevent certain domains, websites, or services from using the Platform.
  • Suspension: DesiDime, in its sole discretion, may suspend a Merchant’s account from contributing content to the Platform. If an account is suspended, any related accounts and content from such accounts will be suspended as well.

PRODUCT PRICING

DesiDime through its Merchant Hub does not directly service products or sell the same on its Website. DesiDime approves the deals and coupons posted by Merchants to ensure that the deal or a popular deal or to verify that the Merchant is not engaged in any self-promotional activities. DesiDime does not verify the authenticity or genuineness of the deals / coupons posted on the website by the Merchant.

It may happen that the same product, of a brand may be differently priced on the Merchant Website and/or our website. It is hereby clarified that DesiDime shall not in any manner be liable for any claims, damages, losses or liabilities which may arise as a result of any deals or coupons or threads posted by Merchant on DesiDime. Users of DesiDime are advised to undertake reasonable efforts in acquainting themselves yourself with such terms and conditions before purchasing any product deal.

DEFAMATION

DesiDime is a user driven online shopping platform. Merchants are given a platform to create their own store/ upload deals into featured deal section or popular deals section/ upload coupons in featured coupons section and / or create a thread in the discussion forum.

Your usage of this Website shall be governed by the “Terms of Use” contained herein and policies/conditions (if any) of the page that you may visit. However, you hereby undertake to refrain from falsely defaming, insulting or offending DesiDime or a particular brand/merchant with the intention of falsely causing harm to the reputation of DesiDime or such brand/merchant on discussion forums or during your interaction with users or visitors. You may note that defamation is a criminal offence under the provisions of the Indian Penal Code and you may be liable for proceedings under the same, if in the opinion of DesiDime or the brand/merchant, as the case may be, your post, suggestion, feedback, comment or advice on the Website amounts to an intention to falsely defame such party.

You hereby indemnify DesiDime and keep indemnified, saved, defended and harmless on full indemnity basis DesiDime and all persons claiming under DesiDime ("Indemnified Persons"), from and against all losses and/or damages arising to DesiDime as a result of any notices, proceedings, litigations, claims, penalties, demands, made by or served upon DesiDime by the respective merchants/brands and/or judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees) allegedly arising in that regard, in whole or in part from any user attempting to defame, insult or offend any merchants/brands or by posting any content which is abusive defamatory or libellous for such merchants/brands or infringes any rights including but not limited to copyrights, trademarks, proprietory rights or rights to privacy or any other similar rights.

SYSTEM ERRORS

As a result of high internet traffic, transmission problems, system capacity limitations, and other problems, you may, at times, experience difficulty accessing the Merchant Hub Website or communicating with Merchant Hub through the internet or other electronic or wireless device. Any computer system or other electronic/mobile device used to access the DesiDime Website can experience unanticipated outages or slowdowns, or have capacity limitations. Your uninterrupted and satisfactory use of our Website shall to a great extent depend on your internet service provider, uninterrupted internet connection on the computer /Laptop or data network/ Wi-Fi Connection. DesiDime does not guarantee continuous, uninterrupted or secure access to its Website.

DesiDime does not guarantee that any content deals, postings, messages, text, files, photos, videos, comments, images, or any such material ("Content") posted on our Website and/or our mobile application will be free from viruses that may have contaminating or destructive elements. Any Content may be downloaded/ used by you solely at your own risk and discretion. DesiDime shall not be liable for any harm whatsoever, caused to your computer system or loss of any data resulting from the download of such data/content. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website and/or our mobile application to satisfy your requirements as to the safety and reliability of the Content.

As you are aware that DesiDime does not directly source or sell the products and services offered on the Website and/or our mobile application, the modus operandi for purchasing a particular deal, voucher or merchandise would be that DesiDime will direct you to the web domain of that particular brand/merchant chosen by you and you will be required to follow the instructions for making the payment on such webpage through your credit/debit/master card. Your purchase activity may at times be interrupted due to faulty internet connection, or other electronic or wireless device, slowdowns or capacity limitations in the electronic/mobile device, or the web domain of the website and/or our mobile application to which you are re-directed to enable the payment gateway. It is expressly clarified that DesiDime is not and shall not be responsible for any loss, damage or liability incurred by you including but not limited to incorrect or higher amount charged to your account/debited, password invalidated, non-acceptance of card, amount charged or debited more than once, etc. Your payment concerning merchandise purchased shall at all times be governed by the terms and conditions of the brand/merchant from whom such purchase is made and we encourage you to refer to, read and fully understand the same before making a purchase.

Additionally, security of your credit/debit/master card, net banking password or other unique payment password, bank account number, or other bank account details (“Bank account details”) vis-a-viz. your purchase order shall also be governed by the terms and conditions of the brand/merchant from whom you purchase a particular product or service. DesiDime shall not be liable for (i) any harm whatsoever that may be caused to your computer system due to faulty internet connection or any reason whatsoever that refrains you from successfully rendering the payment (ii) loss or misuse of the Bank account details shared by you on such website due to any reason whatsoever (iii) incorrect amount charged to your account or (iv) failure by the respective brand/merchant to refund any extra amount charged to your account. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website and/or our mobile application to satisfy your requirements as to the safety of your Bank account details. We suggest that you exercise care and caution before sharing your Bank Account details on any web domain.

INTELLECTUAL PROPERTY

You are not permitted to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part any Content, software, or Intellectual Property contained in the products or services or contained on the DesiDime Website or its mobile application obtained from social media sites including without limitation Facebook, Twitter, LinkedIn, YouTube, Google+, Pinterest, Tumblr, Wordpress, or use such information, Content, or Intellectual Property in a searchable, machine readable database, except without DesiDime's prior written approval. If you download any information or software from our Website and/or our mobile application or social media sites including without limitation Facebook, Twitter, LinkedIn, YouTube, Google+, Pinterest, Tumblr, Wordpress, you agree that you will not remove or obscure any copyright or other notices or legends contained therein. Intellectual Property shall mean any and all intellectual property or proprietary rights of DesiDime including any and all rights over all its data, information, techniques, methodologies and materials, and shall include all rights as applicable relating to any copyright (including rights in audiovisual works), trademarks (including logos, slogans, domain names, trade names and service marks), patents (including patent applications and disclosures), designs, proprietary computer programs and software, source code, object code, rights of priority and trade secret rights, recognized in any country or jurisdiction in the world.

The brands/merchants whose products, services or deals are made available on our Website and/or our mobile application may be protected by intellectual property laws of India or a country outside India. Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any intellectual property contained in the products or services of such brands/merchants, may subject you to infringement consequences in accordance with the policies of such brands/merchants which may be enforced by them in India or outside India. DesiDime is not bound by any agreement with any of the brands/merchants for ensuring security of their intellectual property appearing on our Website and/or our mobile application. You hereby agree and undertake to be solely responsible in this regard, in the event of claims or disputes which may arise by such brands/merchants alleging infringement of intellectual property by DesiDime. You hereby indemnify and keep indemnified, saved, defended and harmless DesiDime and all persons claiming under DesiDime ('Indemnified Persons'), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands and costs that may be made and/or raised on the Indemnified Persons by any of the brands/merchants or any concerned authority (ies) and/or alleging infringement of their intellectual property contained in their brands/deals.

LIMITATION OF LIABILITY

You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the DesiDime Website. If you are dissatisfied with the DesiDime website and/or our mobile application or with any of the terms of this “Terms of Use” document your sole and exclusive remedy is to stop using the DesiDime Website and/or our mobile application. Neither DesiDime nor any third party provider will be liable for any damages in connection with your browsing or use of the DesiDime website and/or our mobile application.

Although the information provided to you on this Website and/or our mobile application is obtained or compiled from sources which we believe to be reliable, neither DesiDime, nor any of its subsidiaries, directors, officers, employees, or any third-party vendor guarantee you the accuracy, completeness, comprehensiveness, timeliness or availability of any of the products, deals, services or other content provided through this Website and/or our mobile application.

Neither DesiDime, nor any of its subsidiaries, directors, officers, employees, or any third-party vendor shall be liable for the purchase by you of products, services or deals based on suggestions or advice shared on our discussion forums or by users and visitors of our Website and/or our mobile application or have any responsibility of any kind, for any loss or damage, direct, indirect, consequential or incidental incurred by you, in the event of any failure or interruption of the DesiDime website, or from any other cause relating to your access to, inability to access, or use of the DesiDime Website, whether or not the circumstances giving rise to such cause may have been within the control of DesiDime or of any vendors providing software or support services to DesiDime.

FORCE MAJEAURE

DesiDime shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. DesiDime shall have no responsibility to provide you access to our Website and/or our mobile application whilst such unforeseen delays or interruptions continue.

GOVERNING LAW

The terms of this “Terms of Use” document are exclusively based on and subject to the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of this Website and/or our mobile application.

TERMINATION

All rights granted to you under the terms of this "Terms of Use" document will terminate immediately in the event that you breach any of such terms and conditions.In order to do anything/undertake any activity that is not expressly permitted by the terms of this "Terms of Use" document, you will need a separate license from us. We request you to contact us at [email protected] for the said purpose.