Dalmia BestPrice

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Dalmia Biz Retail Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE/ APPLICATION

TERMS & CONDITIONS OF USE

This website www.dalmiabestprice.com ("Website") and its mobile application ("Application") are owned and operated by Dalmia Biz Retail Private Limited ("Dalmia BestPrice "), a company incorporated under the laws of India, having its registered place of business at Dalmia Biz Retail Pvt Ltd, B-38, First Floor, Institutional Area, Sector 1, Noida-201301, Uttar Pradesh 201301, which enables the user of the Website to download the discount coupons of independent third party retail partner stores ("Partner Stores") offering various discounts on products and services listed on the Website/ Application ("Services") at a membership fee.

Your use of the Website and/or Application is an acknowledgment that you have reviewed the Terms and Conditions and agree to comply with and be legally bound thereby. These terms and conditions govern your access to and use of the Website and/or Application and the Services. If you do not agree to these terms and conditions, you must refrain from using the Website and/or Application and Services.

By using this Website/ Application you hereby acknowledge and agree that Dalmia Biz Retail is not a shopping store or the service provider and has no control over the conduct or behaviour of the Partner Store or the quality, fitness or the suitability of the services provided by Partner Store. Dalmia Biz Retail disclaims any and all liabilities in this regard.

User acknowledge that user is solely responsible for arranging, undertaking and paying for any product or service and not the Website/ Application.

Conditions

MEMBERSHIP ELIGIBILITY
If you are not agreeable to all the Usage Terms in their entirety, you must not use this Website/ Application and should exit/logout immediately. Your use of the Website/ Application implies that You agree with the Usage Terms in their entirety. You agree, acknowledge and recognize that the contract of sale is made in India, is governed exclusively by laws of India and is subject to the exclusive jurisdiction of the courts in Delhi to the exclusion of all other courts.
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Usage Terms and that you agree to be bound by these Usage Terms. While individuals under the age of 18 may utilize/browse the Website/ Application, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account.
The User agrees and acknowledges that this Website/ Application can be used only by individuals who are of legal age (at least 18 (eighteen) years of age) to form a binding contract under the laws as applicable in India. Dalmia Biz Retail reserves the right to terminate User’s access to and refuse to provide User with access to the Website/ Application if Dalmia Biz Retail discovers that User is under the age of 18 years. Furthermore, Dalmia Biz Retail has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.
Dalmia Biz Retail provides Services on the Website/Application subject to complete adherence to the Usage Terms by the User. By accessing, viewing, or using this Website/ Application, you acknowledge, declare, confirm and represent & warrant to Dalmia Biz Retail that you have read and understood the Usage Terms and accept them as an agreement as the binding legal contract equivalent of a duly signed contract binding on You. This agreement is effective immediately upon your accessing, viewing, or using this Website/ Application. You are advised to regularly check for any amendments or updates to the Usage Terms mentioned herein from time to time. Dalmia Biz Retail may add to or change, update these Usage Terms from time to time entirely at its sole discretion. Your use of the Website/ Application and any amendment to the Usage Terms shall constitute your acceptance of these Usage Terms and You agree to be bound by any such changes/revisions/amendments. Website/ Application shall not be obliged to notify You, irrespective of the fact that You are registered or not, of any modifications made to the Usage Terms. Your access to the Website/ Application for purchasing the Services or for mere browsing is subject to the most current version of the Usage Terms appearing on the Website/ Application at the time of such use.
WEBSITE/APPLICATION
The Website/ Application lists various offers and discounts of our partner stores, Users may meet and interact with our Partner stores at the time of undertaking the services. Partner Store’s list their offers and discounts on the Website/ Application and User reserves the offers and discounts at the prices specified by the Partner Store on the Website/Application. Dalmia Biz Retail hereby clarifies, and the User agrees and understands that Dalmia Biz Retail is not the owner of the Partner Stores and will not be liable for any services or lack of them at partner store by the User. It is hereby further clarified that Dalmia Biz Retail and Partner stores are separate and independent entities and Dalmia Biz Retail does not work as representative or agent of the Partner Stores. By making a booking of any service of purchase at the listed Partner Stores enters into commercial/ contractual terms as offered by and agreed to between Partner Stores and the User alone.
Users should clarify all rates and fees before going forward for any products or services with the Partner Store under the program & should also clarify the subsidised rates/prices in advance be satisfied about the same before taking any service or making any purchase. Dalmia BestPrice will not participate or be responsible for any dispute on the same (related to rates and subsidised rates once the service has started and costs have been incurred).
Dalmia Biz Retail shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and Partner Store. In no event, shall Dalmia Biz Retail be made a party to dispute between User(s) and Partner Store(s).
PAYMENT AND MEMBERSHIP FEE
User hereby agree and understand that he will have to pay the membership fee as mentioned on the Website/ Application to avail the discounts and offers at partner stores via the payment mode provided on the Website/Application post which User’s membership will be confirmed. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.
Dalmia Biz Retail uses third party payment providers to receive payments from User. Dalmia Biz Retail is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. Dalmia Biz Retail takes utmost care to work with third 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.
The process of the availing membership from this Website/ Application may require you to disclose confidential information including Credit Card / Debit Card number etc. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services.
That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with Usage Terms and believing the same to be true and acting on the faith thereof, Dalmia Biz Retail has agreed to provide the Services to the User as per the Usage Terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to Dalmia Biz Retail:
the User is not under any legal or other deficiency which prevents/may prevent the User from:
  • entering into a valid contract under the applicable laws; and
  • making valid payment to Dalmia Biz Retail for Services ordered by the User.
In the event of detecting any suspicious activity from User’s account, Dalmia Biz Retail reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.
In a credit card transaction; User must use your own credit card for which User has full right & authority to validly use such Dalmia Biz Retail for making payment to Dalmia Biz Retail . Dalmia Biz Retail shall not be liable for any credit card / cyber fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User.
While using the Website/ Application User shall at all times strictly comply with the payment procedure and the Usage Terms in their entirety.
Your use of the Services shall be deemed that you are fully satisfied with the description and quality of the services and usage fee of the services as has been displayed on Dalmia Biz Retail 's Website/ Application.
The User agrees and acknowledges that in the Website/ Application all Services are offered only at the sole discretion of Dalmia Biz Retail.
USE OF THE WEBSITE/ APPLICATION
  • The User agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto the Website/ Application by the User:
  • shall not be false, inaccurate, misleading or incomplete; or
  • shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards; or
  • shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or
  • shall not be defamatory, libellous, unlawfully threatening or unlawfully harassing; or
  • shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or
  • shall not create liability for Dalmia Biz Retail or cause Dalmia Biz Retail to lose (in whole or in part) the services of Dalmia Biz Retail ’s ISPs or other service providers/suppliers. If the User contravenes the foregoing or Dalmia Biz Retail has reasonable grounds to suspect that the User has contravened the foregoing, Dalmia Biz Retail has the right to indefinitely deny or terminate User's access to the Website/ Application and to refuse to honour the User's request(s).
The User hereby assumes the sole risk of booking or making use or relying on the information relating to the products or services available on this Website/ Application. Dalmia Biz Retail does not promote and does not own or control whether directly or indirectly any services listed on the Website/ Application. It is User’s responsibility to check the details of the Dalmia Biz Retail listed on the Website/ Application at its sole discretion.
Dalmia Biz Retail has endeavoured to provide the most accurate, up-to-date information on this Website/ Application. However, the information, materials, Services available on this Website/ Application may inadvertently include inaccuracies, typographical errors, or outdated information. Dalmia Biz Retail is not responsible for and shall not be bound to honour typographical or pricing errors on this Website/ Application. Dalmia Biz Retail neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Dalmia Biz Retail expressly disclaims any warranties and conditions whether express or implied about their accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components. Dalmia Biz Retail does not warrant that Website/Application are free of computer viruses, bugs or any other harmful components. Company does not warrant that the functions contained in the material will be uninterrupted or error-free or that the errors will be detected or corrected.
Dalmia Biz Retail shall not be responsible for the delay or inability to use the Website/ Application or related functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the Website/ Application, or otherwise arising out of the use of the Website/ Application, whether based on contract, tort, negligence, strict liability or otherwise. Further, Dalmia Biz Retail shall not be held responsible for non-availability of the Website/ Application during periodic maintenance operations or any unplanned suspension of access to the Website/ Application that may occur due to technical reasons or for any reason beyond Dalmia Biz Retail control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website/ Application 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. Dalmia Biz Retail accepts no liability for any errors or omissions, with respect to any information provided to the User. Under no circumstances shall Dalmia Biz Retail, its related companies or corporations, its Directors, agents or employees be liable for any direct, indirect, special, punitive, incidental, or consequential damages, or any damages whatsoever resulting from whatever cause, including but not limited to loss of use, loss of profits, loss of data, or any other type of damage, tangible or intangible in nature, whether in an action under Contract, Negligence, Tort or otherwise, arising out of or in any way relating to the use or performance of the information on, or accessed through Website/Application.

Discount or Deals Redemption:

ACCOUNT AND REGISTRATION
Dalmia Biz Retail makes the Services available to You through the Website/ Application only if You have provided Dalmia Biz Retail certain required User information and created an account ("Account") through ID and password or other log-in ID and password (collectively, the "Account Information"). The Website/ Application requires you to register as a User by creating an Account in order to utilise the Services provided by the Website/ Application. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Dalmia Biz Retail of any unauthorized use of its Account Information or any other breach of security, and (b) ensure that You exit/log out from the account at the end of each session. Dalmia Biz Retail cannot and shall not be liable for any loss or damage arising from your failure to comply with this clause. You may be held liable for losses incurred by Dalmia Biz Retail or any other customer or visitor to the Website/ Application due to authorized or unauthorized use of your account as a result of Your failure in keeping its Account Information secure and confidential.
Dalmia Biz Retail also allows restricted access to the Website/ Application for unregistered users. At the time of registration, you shall ensure that the Account Information provided by you in the Website/ Application's registration form is complete, accurate and up-to-date. Use of another user’s account information is expressly prohibited.
When You use the Website/ Application, you agree and understand that you are communicating with Dalmia Biz Retail through electronic records and you consent to receive communications via electronic records from Dalmia Biz Retail periodically and as and when required. Dalmia Biz Retail may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that Dalmia Biz Retail shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. Further, Dalmia Biz Retail will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Website/ Application, You agree that Dalmia Biz Retail shall not be liable for disclosure of Your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing You agree that Dalmia Biz Retail shall not be held liable or responsible for 'phishing attacks' on you. User agrees that User shall not use/access this Website/ Application from unsecure computers, unsecure communication links, unsecure mobile phones. You may accept or decline the cookies when you accesses Dalmia Biz Retail ’s Website/ Application. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies.
Submission of personal information and data to Dalmia Biz Retail , will be treated as your having given permission for the use, storage, retention, processing and sharing of your personal information and data as set out in this policy. By providing your personal information including sensitive personal information, if any, you are consenting to the terms of this policy. You are also consenting to the terms of this privacy policy for our continued use of all previously collected information, until specific withdrawal of the right granted to us towards use of your personal information is intimated to Dalmia Biz Retail as per terms of this policy.
The User agrees, acknowledges and confirms that before placing any order, the User shall check the Service description and price carefully and by placing an order for a service you agree to be bound by the Usage Terms and conditions of sale included in the Services’ description. You shall only place the order after fully satisfying yourself with the price, description, look as has been displayed on Dalmia Biz Retail Website/Application. Dalmia Biz Retail shall not be responsible unsatisfactory or delayed performance of services or damages or delays as a result of Partner Stores’s act’s or omissions.
Dalmia Biz Retail reserves the right to make, at its sole discretion, any modifications or changes whatsoever to the Website/ Application or the information, listings and services described on the Website/ Application at any time. Such modifications or changes shall be effective immediately when they are made.
COMPLIANCE WITH LAWS
User and Dalmia Biz Retail shall comply with all the applicable laws applicable to them respectively for using payment facility and the Website/ Application.
WARRANTY
The Services are provided by Dalmia Biz Retail 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, Dalmia Biz Retail makes no warranty that (i) the Website/ Application or the Services will meet your requirements or Your use of the Website/ Application or will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website/ Application, or Services will be effective, accurate or reliable; (iii) the quality of the Website/ Application, or Services will meet your expectations; or that (iv) any errors or defects in the Website/ Application or Services will be corrected. No advice or information, whether oral or written, obtained by you from Dalmia Biz Retail or through or from use of the Website/ Application shall create any warranty not expressly stated in the terms of use.
Dalmia Biz Retail shall have no liability to the User for any interruption or delay, to access the Website/Application irrespective of the cause.
INDEMNIFICATION
Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to Dalmia Biz Retail herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold Dalmia Biz Retail its officers, directors, employees, service providers, agents, licensers, and suppliers harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Dalmia Biz Retail that arise out of or related to your use or misuse of the of the Website, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you herein.
LIMITATION OF LIABILITY
Dalmia Biz Retail shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Website/ Application or any of the information, software, services and related graphics contained within the Website/ Application or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Dalmia Biz Retail has been advised of the possibility of damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, Dalmia Biz Retail ’s ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF PURCHASING / BROWING THE WEBSITE/ APPLICATION SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.
Dalmia Biz Retail customers are requested to kindly take due care of all their personal valuables and belongings. Dalmia Biz Retail management and its employees shall NOT be responsible for ‎any loss, theft or damage to the customer's personal valuables and belongings.
INTELLECTUAL PROPERTY
The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to Dalmia Biz Retail Pvt Ltd or this Website/ Application (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Dalmia Biz Retail Pvt Ltd to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content--without additional approval or consideration--in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The User represents and warrants that User owns or otherwise controls all of the rights to the content that he/she may contribute to this Website/ Application and that use of his/her content by Dalmia Biz Retail shall not infringe upon or violate the rights of any third party. Dalmia Biz Retail under no circumstances be liable for any third party claims in relation to any feedback, comments, ideas, suggestions, information, or any other content which User contributes to Dalmia Biz Retail Pvt Ltd or this Website/ Application. Dalmia Biz Retail , its mark and logo are trademarks of Dalmia Biz Retail Private Limited. You understand and agree not to display or use these trademarks in any manner whatsoever.
As a pre-condition of use of this Website/ Application, User warrants to Dalmia Biz Retail that User shall not use this Website/ Application for any purpose that is unlawful, unauthorized, or inconsistent with Usage Terms, and the User agrees that this license to use Dalmia Biz Retail Website/ Application will terminate immediately upon User's violation of this warranty. Dalmia Biz Retail reserves the right, at its sole discretion, to block/terminate User's access to this Website/ Application and its content at any time, with or without notice. All content on this Website/ Application, including text, graphics, images1, and logos, is the property of Dalmia Biz Retail or its content suppliers and is protected by domestic and international copyright laws and regulations. Dalmia Biz Retail reserves the right to protect its intellectual property rights to the fullest extent under the applicable law.
JURISDICTION
This Agreement, and all transactions entered into on or through Website/ Application shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the Website/ Application, the Usage Terms or any transactions entered into on or through the Website/ Application or the relationship between User and Dalmia Biz Retail shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and User hereby accede to and accept the jurisdiction of such courts.
Any failure, delay or forbearance on the part of Dalmia Biz Retail in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by Dalmia Biz Retail of any right, power or privilege preclude any other future exercise or enforcement thereof.
The parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.
MODIFICATION OF TERMS OF USE
Dalmia Biz Retail reserves the right to withdraw access to Website/ Application or to revise the information described in Website/ Application at any time without notice. Company may at any time revise the terms and conditions contained in this Disclaimer by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions that apply to your use of the Sites.
The invalidity of any term, condition or provision of this Disclaimer shall not affect the enforceability of those portions of the Disclaimer deemed enforceable by applicable courts of law. Website/ Application are intended for audience in India only.
LICENSE
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of Dalmia Biz Retail, its affiliates or any third party
THIRD PARTY LINKS
This Website/ Application may at Dalmia Biz Retail sole discretion, contain links to sites owned and maintained by persons or entities other than Dalmia Biz Retail. Dalmia Biz Retail may also provide links to the other sites for purpose of enabling the Customer to make payment to Dalmia Biz Retail. Any of the foregoing links do not constitute an endorsement by Dalmia Biz Retail of any such sites and are provided only as a convenience. Dalmia Biz Retail is not responsible for the content or links displayed on such sites Dalmia Biz Retail is not responsible for the privacy practices of such sites which Dalmia Biz Retail does not own, manage or control. Dalmia Biz Retail does not regularly review, and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this Website/ Application may be linked and Dalmia Biz Retail shall not be responsible for any deficiency thereof. Dalmia Biz Retail does not endorse any or all of the materials, Services, and services available on such linked sites, and Dalmia Biz Retail expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of Customer and is made at Customer's own risk.