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Welcome to www.DthGuru.com (“Site” or “DthGuru”). This site is owned and operated by DthGuru (“DthGuru”). These Terms and Conditions (hereinafter “Terms of Use”) along with the Privacy Policy, Shipping Policy, and Cancellation Refund and Return Policy (together “Policies”) as modified or amended, will govern your use of the services and features of the Site. By using the Site, you signify your agreement to the Terms of Use and the Policies, whether or not you have read the same. DthGuru reserves the right to change the terms and conditions contained in the Terms of Use or the Policies from time to time and at any time, without notice and in its sole discretion. If DthGuru decides to change the Terms of Use or the Policies, DthGuru will post a new version of the Terms of Use and Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective from the date such Terms of Use and Policies are uploaded on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies. For this reason, you should frequently review these Terms of Use and the Policies, including their dates, to understand the terms and conditions that apply to the use of the Site.
Eligibility
Only persons ‘competent to contract’ as provided in the Indian Contract Act, 1872 are eligible to use this Site. However, parents or legal guardians may transact on behalf of minors i.e. persons below the age of 18 years. DthGuru reserves the right to prevent any person from using the Site.
Your Account
“Your information” is defined as any information you provide to us in the registration, buying or listing process, in the feedback area through email or other feature of the Site. DthGuru will only accept content from you if you are a valid user of the Site. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. If you know or have reason to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, or suspend your account without any liability to DthGuru. You agree that Your Information, is true, accurate, current and complete. You undertake to maintain and promptly update such information, to keep it true, accurate, current, and complete. Failure to do the same, will entitle DthGuru to indefinitely suspend or terminate your membership and refuse access to the Site.You are solely responsible for all content that you upload, post, email or otherwise Transmit via our Site.Your Information shall be maintained by us in accordance with our Privacy Policy.
License to use and Access
Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access, and make personal and non commercial use of the Site. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Site and its affiliates. DthGuru reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site.
Electronic Communication
When you visit the Site, send us emails or give us feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Product Description
We attempt to be as accurate as possible in the description of products on our Site including its colour. However DthGuru does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. The product pictures are indicative and may not match with actual products.
Recommendation of Product
Any recommendations made to you by the Site during the course of your use is purely for informational purposes and for your convenience and does not in any manner amount to an endorsement of the product by DthGuru or any of its associates.
Pricing Information
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of the product until you make the order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, DthGuru shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is wrongly priced, DthGuru may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and DthGuru will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that DthGuru accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to DthGuru’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. Prices and availability are subject to change without notice.
Mode of Making Payments
Payments for the products available on the Site may be made in the following ways: Payments can be made by Credit Cards, Debit Cards, Net Banking, Cash on Delivery. Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
Cancellations, Refunds, and Returns
Please refer to our Cancellations, Refunds, and Returns Policy provided on the Site.
Shipping and Delivery
Please refer to our Shipping Policy available on the Site.
Representations
You agree to and make the following representations That you will use the services of the Site for lawful purposes only and comply with all applicable laws and regulations while transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partially), DthGuru has the right in its sole discretion to debar you from using the services of the Site.
Where credit card details are required, you will provide correct information. You will only use a credit card that you own in your transactions with DthGuru. Liability for use of a card fraudulently is exclusively on you, and will lead to claims of cost of goods, collection costs, legal fees etc.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in its description.
You may not use the Site for any of the following purposes:
Intellectual Property Rights
DthGuru and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of DthGuru. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any DthGuru or third party intellectual property rights.
All rights, including copyright, in this website are owned by or licensed to DthGuru. Any use of this website or its contents, including copying or storing any information in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of DthGuru. Any reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance- without the prior written permission of DthGuru is strictly prohibited.
The “DthGuru” name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of DthGuru. All other marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.
All software used on this Site is the property of DthGuru or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless DthGuru explicitly provides to the contrary, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by DthGuru, one of its affiliates or by third parties who have licensed their materials to DthGuru and are protected by Indian and international copyright laws.
The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of DthGuru and is also protected by Indian and international copyright laws. Links and Third Party Sites References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply DthGuru endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between DthGuru and those third parties. DthGuru is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Governing Law and Jurisdiction The Terms of Use and the Policies, shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of these Terms and Conditions, and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by DthGuru and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai. Indemnity You agree to defend, indemnify and hold harmless DthGuru, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to DthGuru or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.
Termination
These Terms of Use are effective unless and until terminated by either you or DthGuru. You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. DthGuru may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, Such termination will be without any liability to the Site. Upon any termination of the Terms of Use by either you or DthGuru, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.
Disclaimer of Warranty and Limitation of Liability
All content, products, and services on the site, or obtained from a website to which the Site is linked are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. All warranties, if any, relating to the product and services would be provided by the manufacturer/supplier of such product and not by DthGuru. Any claim in relation to the same should be raised against respective manufacturer/supplier and not DthGuru in any case whatsoever. The Site provides content from other internet sites or resources and while DthGuru tries to ensure that material included on the Site is correct, reputable and of high quality, it will not accept responsibility if this is not the case. DthGuru will not be responsible for any errors or omissions or for any loss or damage caused by reliance on such information. While DthGuru aims to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of DthGuru, access to the Site may be interrupted, suspended or terminated from time to time. DthGuru shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use.
Further, the Site may discontinue disseminating any portion of information or category of information. DthGuru, its suppliers, subsidiaries, affiliates, officers, employees, agents, partners and licensors, shall not be liable for any damages of any kind arising out of or in connection with the use of the Site or the purchase of products from the Site. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, indirect, incidental, PUNITIVE, special, incidental, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, WHETHER IN TORT OR CONTRACT OR UNDER ANY APPLICABLE LAW.
DthGuru, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, DthGuru assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site. You understand that by using this Site or any services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, DthGuru and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you.
DthGuru through the Website intends to provide its users with general information about products. The postings on the Website or on social networking sites, including the Website’s Facebook page, or any information provided over chat or e-mails exchanged with DthGuru, its employees or representatives (collectively referred to as “Information”) which are in furtherance of any communication made by the user with DthGuru, its employees or representatives is based on the background provided by the user. While DthGuru takes reasonable care to ensure that the Information is accurate, DthGuru takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. In case any User relies on the Information, he/she may do so at its own risk.
Under no circumstances will DthGuru, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information. For any general information posted on the Website, users must not infer or assume that such information necessarily applies to them. Site Security You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. DthGuru is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from DthGuru on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Entire Agreement
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of USe shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and DthGuru with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. DthGuru’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
