DigiFace Terms and Conditions...
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The website DigiFace ("website or Apps") is operated by DigiFace ("DigiFace" or "us" or "we" or "our"), having its registered office located 5-4-657, Kamala Nagar, Opp. Apollo Pharmacy, Vanasthalipuram, Hyderabad, Telangana, India (Bharat) 500070. Please read the DigiFace Terms and Conditions document carefully before using the website or Apps. By using the website or Apps, you signify your agreement to be bound by DigiFace's Terms and Conditions. DigiFace are data controllers of personal information collected and processed through DigiFace Services. Details can be found here. As described in our Privacy Policies, we share information with DigiFace Seller and the subsidiaries that website or Apps, controls that are either subject to our Privacy Policies or follow practices at least as protective as those described in our Privacy Policies. We also share information with third-party service providers. For example, we use third-party service providers to fulfill orders for products or services and to deliver packages. For any further details on our security practices please read our Privacy Policies. For any queries or issues relating to the website or Apps, you can contact us.
Terms and Conditions
Conditions of Sale
Please read these Conditions carefully before using the website or Apps website. By using the website or app website, you signify your agreement to be bound by these Conditions.
In addition, when you use any current or future website or App service (eg. Wish List or Marketplace) ("DigiFace Service"), you will also be subject to the terms, guidelines, and Conditions applicable to that DigiFace Service. ("Terms"). If these DigiFace Terms and Conditions are inconsistent with such Terms, the Terms will control.
These "Terms and Conditions" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- Conditions Relating to Your Use of Website or Apps
- Notice and Procedure for Making Claims of Infringement
- Notice and Procedure for Notifying Websites or Apps of Objectionable Content
- Conditions Relating to Your Use of Website or Apps
Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes. Should you wish to order products for business purposes, please create a business account on the website or Apps reserve the right to refuse access to the website, terminate accounts, or remove or edit content at any time without notice to you.
Privacy
Please review our Privacy Policies, which also govern your visit to our website or Apps, to understand our practices. The personal information/data provided to us by you during the course of usage of the website or Apps will be treated as strictly confidential and in accordance with the Privacy Policies and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
E-Platform for Communication
You agree, understand, and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that DigiFace is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on the website or Apps.
Access to websites or Apps
We will do our utmost to ensure that the availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
License for the website or Apps Access
Subject to your compliance with these DigiFace Terms and Conditions and payment of applicable fees, if any, DigiFace grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DigiFace and/or its affiliates, as may be applicable. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed, or otherwise exploited for any commercial purpose without express written consent of DigiFace and/or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the website or Apps and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing DigiFace's or its affiliates' names or trademarks without the express written consent of DigiFace and/or its affiliates, as applicable. Any unauthorized use terminates the permission or license granted by DigiFace and/or its affiliates, as applicable.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of the website or Apps as long as the link does not portray DigiFace, website or Apps, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any website or app logo or other proprietary graphic or trademark as part of the link without the express written consent of DigiFace and/or its affiliates, as may be applicable.
Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged, or impaired in any way You understand that you, and not the website or Apps, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, is offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic, or menacing; racially or ethnically objectionable, or disparaging; in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties or relates to or promotes money laundering or gambling or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;.
- to deceive or mislead the addressee about the origin of messages.
Reviews, comments, communications, and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content does / is not illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; racially or ethnically objectionable, or disparaging; in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or otherwise injurious to third parties or relates to or promotes money laundering or gambling, or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence; or is harmful to minors in any way, or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam; or deceive or mislead the addressee about the origin of messages. In the event, a user fails to comply with the above. website or Apps reserves the right (but not the obligation) to remove, refuse, delete, or edit any content that in the sole judgment of the website or Apps violates these DigiFace Terms and Conditions and, or terminate your permission to access or use this website.
If you do post content or submit material, and unless we indicate otherwise, you grant DigiFace and its affiliates non-exclusive, royalty-free, irrevocable, perpetual, and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and DigiFace and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to DigiFace, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to the website or Apps:
The content and material is accurate
- Use of the content and material you supply does not breach any applicable website or Apps policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory);
- The content is lawful. You agree to indemnify DigiFace and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties or guarantees.
Claims against Objectionable Content
You can refer to the product detail page on the website or Apps to check any product details provided by the seller regarding the following:
- The total price in a single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable. These details are available on the invoice issued to you. To understand how to generate an invoice you can refer here.
- mandatory notices and information provided by applicable laws, and the expiry date of the goods being offered for sale, where applicable.
- Goods and services offered for sale by the seller including region of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage.
- Importer and the guarantees related to the authenticity or genuineness of the imported products; and guarantees or warranties applicable to such goods or services. Further, all contractual information required to be disclosed by law is incorporated as part of the DigiFace agreement executed by each seller on the website or Apps, prior to listing its products. A copy of the DigiFace agreement is available here.
Because a website or App lists many products for sale offered by sellers on the website and hosts many comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, website or Apps operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing on the basis of gender, blasphemous, defamatory, libelous, obscene, pornographic, paedophillic or menacing; racially or ethnically objectionable, or disparaging; in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or otherwise injurious to third parties or relates to or promotes money laundering or gambling, or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence; or is harmful to minors in any way, or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam; or deceives or misleads the addressee about the origin of messages (" Objectionable Content "), please notify us immediately contacting us. website or Apps will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time.
Copyright, authors' rights, and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DigiFace, its affiliates, or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of DigiFace and its affiliates and is protected by laws of India and international copyright and database rights laws. All software used on this website is the property of DigiFace, its affiliates, or its software suppliers and is protected by Indian and international copyright and author rights laws.
You may not systematically extract/ or re-utilize parts of the contents of the website without DigiFace and/or its affiliate's (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without DigiFace and/or its affiliates (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without DigiFace and/or its affiliates (as may be applicable) express written consent.
Intellectual Property Claims
DigiFace and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us to make claims of Right Infringements.
Trademarks
Website or Apps, and other marks indicated on our website are trademarks or registered trademarks of website or Apps, or its subsidiaries (collectively "DigiFace"), website or Apps's graphics, logos, page headers, button icons, scripts, and service names are the trademarks or trade dress of DigiFace. DigiFace's trademarks and trade dress may not be used in connection with any product or service that is not DigiFace's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DigiFace. All other trademarks not owned by DigiFace that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DigiFace.
Disclaimer
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of Conditions, representations, or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed, or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services, and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title, or interest in the products sold through or displayed on the website vest with DigiFace nor shall DigiFace have any obligations or liabilities in respect of any transactions on the website.
Indemnity and Release
You shall indemnify and hold harmless DigiFace, its subsidiaries, affiliates, and their respective officers, directors, agents, and employees, from any claim demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these DigiFace Terms and Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release DigiFace and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions/inactions of the vendors and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Children
Use of websites or Apps is available only to persons who can form a legally binding contract under the Indian Contract Act, of 1872. If you are a minor i.e. under the age of 18 years, you may use websites or Apps only with the involvement of a parent or guardian.
Other Businesses
Parties other than DigiFace and its affiliates may operate stores, provide services, or sell product lines on websites or Apps. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. DigiFace does not assume any responsibility or liability for the actions, products, and content of any of these and any other third parties. You can tell when a third party is involved in your transactions, and we may share customer information related to those transactions with that third party.
You should carefully review their privacy statements and other Terms and Conditions.
Communications
When you visit website or Apps, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call, or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional, and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these DigiFace Terms and Conditions at any time. You will be subject to the policies and DigiFace Terms and Conditions in force at the time that you use the website or that you order goods from us unless any change to those policies or these Conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these Conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Waiver
If you breach these Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions.
Governing law and Jurisdiction
These Conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Hyderabad.
Our Details
This website is operated by DigiFace.
For the website or Apps, you could contact us.
Customer Complaint Details
The details pertaining to each customer complaint lodged (including the status of the complaint and tracking details) are provided in the return e-mails that are sent back to the customers.
DigiFace Software Terms
In addition to these Terms and Conditions, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with DigiFace Services (the "DigiFace Software").
Notice and Procedure for Making Claims of Right Infringements
If you believe that your rights are being infringed, you may contact us. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.
Upon receipt of a Notice Form, we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies, or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant DigiFace the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify DigiFace for all claims brought by a third party against DigiFace arising out of or in connection with the submission of a Notice Form.
Note on Third-Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on websites or Apps and are posted solely at the direction of Third Party Sellers who may be contacted via their "Seller Information" page, accessible from any of their listings.
Important Warning: giving false, misleading or inaccurate information in the Notice Form to DigiFace may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
Notice Form:
If you believe that your rights are being violated by an item or information on the website or Apps site, you may fill out and submit the Notice Form (below). This signed form can be sent via E-mail us
- Name: Narasimha Raauvla
- e-mail: digiface.biz@gmail.com
- Subject Line: Claim of Infringement
- or
- DigiFace 5-4-657, Kamala Nagar, Opp. Apollo Pharmacy, Vanasthalipuram, Hyderabad, Telangana, India (Bharat) 500070.
(We will accept a signed PDF via e-mail with the subject line "Claim of Infringement" unless by prior agreement we have agreed with you for an alternative receipt mechanism).
Important Warning: Giving false, misleading or inaccurate information in the Notice to website or Apps may result in civil and/ or criminal liability.
Notice to website or Apps of Objectionable Content
Use of Third-Party Services
When you use the DigiFace, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering
You may not, and you will not encourage, assist, or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the DigiFace Software, whether in whole or in part or create any derivative works from or of the DigiFace.
Updates
In order to keep the DigiFace Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Terms and conditions (between Sellers and the Customer) including the above points
Please read these Conditions carefully before placing an order for any products with the Sellers ("We" or "Our" or "Us", wherever applicable) on the website or Apps (the website). These Conditions signify your agreement to be bound by these Conditions.
In addition, when you use any current or future website or app service (eg: Wishlist Marketplace or DigiFace MP3 Service), you will also be subject to the terms, guidelines, and Conditions applicable to that service ("Terms"). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.
Conditions Relating to the Sale of Products to You
This section deals with Conditions relating to the sale of products on the website by us to you.
Our Contract
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is an acknowledgment that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.
Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal/personal purpose and not for resale or business purposes. You authorize us to declare and provide a declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.
Please note that we sell products only in quantities that correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
Returns
Most items purchased from sellers listed on the website or Apps are returnable within the return window, except those that are explicitly identified as not returnable. The return is processed only if:
- the unpacking and packing video is provided without major edits and the package should arrive in the same condition.
- It is determined that the product was not damaged while in your possession;
- the product is not different from what was shipped to you;
- the product is returned in original condition (with brand’s/manufacturer's box, MRP tag intact, user manual, warranty card, and accessories)
You can review the return policy for products listed on the website or Apps. For the products that are returned by the customer, the refund is issued to the original payment method (in case of pre-paid transactions) or to the bank account / as DigiFace Pay balance (in case of Pay on Delivery orders), the details for making such refund and the timelines are detailed in the refund policy available here.
Please review our Returns Policy, which applies to products sold by us.
Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.
For more details, contact the seller.
All prices are inclusive of Goods and Services Tax ("GST") - unless stated otherwise.
Taxes
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to GST, duties and cesses etc.
Health & Safety
By purchasing any product from our Home & Kitchen shop, you acknowledge that you have read and understood our Health & Safety Guidelines.
Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these Conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights