The User agrees that :
- He / She is at least 18 years of age; is competent and of sound mind; and has the authority to enter into this Agreement,
- The use of this website would be in compliance with Indian laws,
- This Agreement is binding and enforceable against him/her,
- To the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity, and
THIS SERVICE AGREEMENT (the “Agreement”) is valid and existing for services registered online at WWW.DESHCASHBACK.COM, This Agreement is effective from date of purchase of any of the available package and replaces all previous versions of the Service Agreement.
This Service Agreement is entered into between “USER” the registered User; hereinafter referred to as the “USER”, which expression shall, unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and permitted assign of the One Part;
DMB Retailtech Private Limited, a registered Company under the laws of India and having its Operational office at 154, Vardhman Crown Mall Sector-19 Dwarka-110075.(hereinafter referred to as the “DMB”, which expression shall, unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and permitted assign) of the Other Part.
(The User and DMB are hereinafter referred to individually as the “Party” and collectively as “Parties”.)
- DMB Retailtech Pvt Ltd is engaged in the business of Information and Technology Services and is the owner of indigenously developed software and original business methods related to virtual and IT related services.
- DMB Retailtech Pvt Ltd uses original software and business methods to provide IT solutions to individual customers and corporate customers.
- User is engaged in the business as per details entered in the online registration form.
- The User is desirous in engaging DMB for its business requirements including digital marketing and e-commerce.
- Relying on the representations and covenants made and agreed by the User herein and believing the same to be true and correct, DMB has accepted the offer to render the business/IT Solutions to the User, subject to the terms and conditions as set forth in this Agreement.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED TO BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS :
1. DEFINITION :
“Agreement” shall mean this agreement together with its
“Effective Date” is the date of activation of this agreement by clicking on “I Agree / Confirm” and upon – upon realization of payment of services for DMB plans in given period of time.
“Intellectual Property” shall mean all intellectual property including, without limitation, the indigenous software, business method, trademarks, service marks, copyrights, industrial designs, software, source code, business method, know-how of DMB, whether or not utilized in the performance of this Agreement.
“Officially Valid Documents” shall mean the six notified documents by Government of India, which are officially valid documents (OVDs) for the purpose of producing proof of identity. These six documents are Passport, Driving Licence, Voters’ Identity Card, PAN Card, Aadhaar Card issued by UIDAI and NREGA Card treated as an ‘Officially Valid Document’ pursuant to the Prevention of Money Laundering Rules under the Prevention of Money Laundering Act 2002 and is a valid process for KYC verification.
“Dashboard” shall mean the interactive user interface that the User will access to avail the information of his/her business.
“KYC” shall mean “Know your Customer” and is the process by which DMB obtains information regarding the identity and address of the User supported by OVD to ensure that services rendered by DMB are not misused. The KYC procedure is to be completed periodically by providing updates.
NOW, THEREFORE, in consideration of the foregoing and the respective representations, warranties, covenants and agreements set forth herein, the Parties hereby agree as follows:
2. ENGAGEMENT AND SCOPE OF WORK:
- The User has paid the full amount of the package, which is available on the website (WWW.DESHCASHBACK.COM) for purchasing the DMB Package as mentioned in of document.
- The User is to be responsible to ensure that he will act and abide by the terms and conditions as specifically mentioned in this document and website of the company i.e. WWW.DESHCASHBACK.COM
- Apart from above, It is specifically agreed and understood by the User that the conditions as mentioned on the website of the company and in this documents can be amended by the Company at any time at its sole discretion. In this event, the company will notifying the same by displaying the amendments on DMB website.
3. PRICING & PAYMENTS:
- The price of any plan/package can vary with time, without prior notice. The users are adviced to check the same on the website from time to time. During the tenure of this Agreement, DMB grants permission to the User to create a User Account and access the Dashboard.
- Company shall pay to the User on per attendance basis. Price of per attendance shall be subjected to the discretion of company which shall be notified to the service provider from time to time. The price may increase or decrease pertaining competition in market.
- The invoice(s) submitted by DMB shall be subject to inspection and verification by the User and any discrepancies therein shall be brought to the notice of DMB within 7 days of receipt of the invoice(s) . If necessary, DMB shall modify and provide an amended invoice(s).
- The Company shall withhold taxes at applicable rates as required by law and provide necessary certificates evidencing such deduction in due course. Service Tax is additional as applicable.
- Company can hold the work payment if work done by the customer is in investigation by the web intelligence team. User is not guaranteeing any kind of fixed income or business to DMB.
- Payment Modes will only be following : Online NEFT/RTGS/IMPS transfers to bank accounts of DMB Retailtech Pvt Ltd, Cheques /DD drawn in favor of DMB Retailtech Pvt Ltd (payable at Delhi).
- All transactions on the website through registered payment gateways.
4. COMPLIANCE WITH LAWS/WARRANTIES:
- The User warrants that: a) the assignment/work will be rendered in accordance with the specifications as mentioned in this documents and terms and conditions as mentioned on the company website WWW.DESHCASHBACK.COM b) the assignment will be provided in accordance with the specifications and instructions of the Company;
- Each Party shall be individually responsible for ensuring compliance by them with all relevant laws, rules and regulations or legal obligations relating to the subject matter of this Agreement, including obtaining of any applicable registrations, maintenance of registers, submission of returns to the authorities, environmental/occupational health/safety regulations, etc.
- The User shall indemnify and hold the Company harmless in respect of any damage or loss that the Company may suffer on account of any non compliance of User’s obligations under relevant laws. The Service Provider shall on request provide necessary proof of the compliance in this regard.
5. THE SERVICE PROVIDER'S OBLIGATIONS:
- User shall not publicize or disclose to any third party, without the consent of company, either the price or other terms of this documents.
- Substantial Delay in Activation of Services, DMB endeavors to activate a user-account no later than 3 working days of receiving the payment. Holidays and non-working days are not considered in the timeline to activate services.
- The user can free look the services within 10 days of activation of package, if he/she is not satisfied with the services/product. Customer is entitled to a 100% refund upon request.
- User can write to DMB at firstname.lastname@example.org for any query or concern. DMB will address this within twenty four hours and will try its best to provide a resolution in 72 hours.
6. OBLIGATIONS OF THE USER:
- The User shall immediately inform DMB of any changes that could affect the services/business Solutions.
- The User shall not use the DMB products or services illegally and / or prohibited activity for conducting any illegal activity under applicable laws.; to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; publish or distribute any inappropriate, profane, defamatory information; restrict or inhibit others from using the services of DMB ; illegal call recordings; or, in any way violate applicable Indian laws.
- The User shall not create a false identity for the purpose of utilizing the DMB services and products for misleading others.
- The User is responsible for maintaining the security and privacy of its account, at its’ end.
- The User shall not reverse engineer, de-compile, decode, decrypt, disassemble, or in any way derive source code from DMB Intellectual Property.
- The User shall submit identification documents as proof of their personal as well as business identity, as regulated by the Govt. of India.
7. TERMS & TERMINATION:
- DMB Plan of the company shall be effective from the date of payment and shall remain valid for unlimited period of time from the date of purchase of DC Plan unless terminated in case breach of terms and conditions of this documents.
- Termination for Default – the Company may, without prejudice to any other remedy for breach of these terms and conditions, by written notice of default sent to the User, terminate his DC Plan in whole.
- In the event of Company terminating the plan in whole pursuant to the conditions of this documents.
- All confidential and proprietary information of a Party (disclosing party) that is made known to the other (receiving party) during the term of DC Plan, shall be received in confidence and the receiving Party shall not disclose or use the same for any purpose.
- The Service Provider shall keep the Company informed of any breach of the confidentiality obligations and shall provide necessary assistance and co-operation to the Company as the Company may require in this regard.
- The parties shall maintain confidentiality with respect to all confidential information including but not limited to business information, customer data including name, phone number and email id, financial information that may have been received from the disclosing party or while providing or utilizing DMB at email@example.com and shall not disclose any such information to any other person, firm or Company. Parties shall not be entitled to make or permit or authorize the making of any press release or public statement or disclosure pertaining to this agreement without the prior written consent of the other party, regulatory compliance excepted. However in the case any information is to be given to the statutory authorities, the parties shall immediately inform the same to the other party and shall incorporate the views, language and contents communicated by parties, if any.
9. CHANGE ORDERS:
Change order may be issued from time to time and the time lines will be specified in each change order. Such Change orders will be notified through the notifications on the company website.
10. INTELLECTUAL PROPERTY RIGHTS:
The intellectual property rights of the respective parties shall continue to vest with the respective owners thereof even if disclosed to the other party for attaining the objectives of this arrangement and nothing herein shall mean nor shall be construed to mean that they are at any assigned, licensed or otherwise alienated to the other party nor the other party shall be entitled to claim any right, title or interest therein, at any time.
- User agrees to defend, indemnify, and hold harmless the Company and any of its affiliates including any of its holding and subsidiary companies in India and abroad and its directors, officers, employees, representatives, and agents from and against any and all claims, actions, demands, legal proceedings, liabilities (including attorney- client expenses), damages, losses, judgments, authorized settlements, costs or expenses, whether directly or indirectly arising out of or in connection with any violation of applicable law or statutory obligation there under, acts or omission of User including any wrongful action of the User.
- Provided also that the User shall also defend, indemnify and hold harmless the Company against any claim and/or action brought against the Company or any of its affiliates as a result of; a) a claim based upon an actual or alleged infringement of an Intellectual Property right of an third party.
12. FORCE MAJEURE:
Neither Party shall be liable for any default or delay in the performance of its obligations if and to the extent such default is caused, directly or indirectly, by fires, floods, power failures, Acts of God, act of public enemy, civil commotion, sabotage, wars, insurrections, riots, labour disturbances, strikes, lockouts, go-slow, terrorist attack, damage to machinery on account of accident or passing of any statutory order by the eligible authorities, prohibiting performance of such obligation by a competent authority; and restrictions of any country affecting the performance of this agreement or any part hereof. The affected party shall intimate the other party within reasonable time period of such occurrences.
13. LIMITATION OF LIABILITY:
14. SETTLEMENT OF DISPUTE AND JURISDICTION:
- Any legal action pertaining to this Agreement shall be subject to the jurisdiction of Courts of New Delhi alone to the exclusion of other courts
- All the decisions taken by the company shall be final and in no event, the User has the right to object the same.