DD Task Digital Terms of Use
This document is an electronic record in terms of Information
Technology Act, 2000 and rules there under as applicable and the amended
provisions pertaining to electronic records in various statutes as amended by
the Information Technology Act, 2000. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of
Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules,
2011 that require publishing the rules and regulations, privacy policy and
Terms of Use for access or usage of www.DD Task Digital.com website.
The domain name www.ddtaskdigital.com
(hereinafter referred to as "Website") is owned by DD Task Digital
Internet Private Limited a company incorporated under the Companies Act, 1956
with its registered office at, Brahampuri, Bundi – 323001, Rajastha, , India (hereinafter referred to as
"DD Task Digital").
Your use of the Website and services and tools are governed by
the following terms and conditions ( "Terms of Use" ) as
applicable to the Website including the applicable policies which are
incorporated herein by way of reference. If You transact on the Website, You
shall be subject to the policies that are applicable to the Website for such
transaction. By mere use of the Website, You shall be contracting with DD Task and these terms and conditions including the
policies constitute Your binding obligations, with DD Task.
For the purpose of these Terms of Use, wherever the context so
requires "You" or "User" shall mean any
natural or legal person who has agreed to become a buyer on the Website by
providing Registration Data while registering on the Website as Registered User
using the computer systems. DD Task Digital allows the User to surf the Website
or making purchases without registering on the Website. The term "We" , "Us" , "Our" shall
mean DD Task.
When You use any of the
services provided by Us through the Website, including but not limited to,
(e.g. Product Reviews, Seller Reviews), You will be subject to the rules,
guidelines, policies, terms, and conditions applicable to such service, and
they shall be deemed to be incorporated into this Terms of Use and shall be
considered as part and parcel of this Terms of Use. We reserve the right, at
Our sole discretion, to change, modify, add or remove portions of these Terms
of Use, at any time without any prior written notice to You. It is Your
responsibility to review these Terms of Use periodically for updates / changes.
Your continued use of the Website following the posting of changes will mean
that You accept and agree to the revisions. As long as You comply with these
Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR
AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE
READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or
expressly accepting these Terms of Use, You also accept and agree to be bound
by DD Task Digital Policies ((including but not limited to Privacy Policy
available at Privacy) as amended from time to time.
Membership Eligibility
Use of the Website is
available only to persons who can form legally binding contracts under Indian
Contract Act, 1872. Persons who are "incompetent to contract" within
the meaning of the Indian Contract Act, 1872 including minors, un-discharged
insolvents etc. are not eligible to use the Website. If you are a minor i.e.
under the age of 18 years, you shall not register as a User of the DD Task
Digital website and shall not transact on or use the website. As a minor if you
wish to use or transact on website, such use or transaction may be made by your
legal guardian or parents on the Website. DD Task Digital reserves the right to
terminate your membership and / or refuse to provide you with access to the
Website if it is brought to DD Task Digital's notice or if it is discovered
that you are under the age of 18 years.
Your Account and
Registration Obligations
If You use the Website,
You shall be responsible for maintaining the confidentiality of your Display
Name and Password and You shall be responsible for all activities that occur
under your Display Name and Password. You agree that if You provide any
information that is untrue, inaccurate, not current or incomplete or We have
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, or not in accordance with the this Terms of Use, We
shall have the right to indefinitely suspend or terminate or block access of your
membership on the Website and refuse to provide You with access to the Website.
Your mobile phone number
and/or e-mail address is treated as Your primary identifier on the Website. It
is your responsibility to ensure that Your mobile phone number and your email
address is up to date on the Website at all times. You agree to notify Us
promptly if your mobile phone number or e-mail address changes by updating the
same on the Website through a onetime password verification.
You agree that DD Task
Digital shall not be liable or responsible for the activities or consequences
of use or misuse of any information that occurs under your display name in
cases where You have failed to update Your revised mobile phone number and/or
e-mail address on the Website.
Communications
When You use the Website
or send emails or other data, information or communication to us, You agree and
understand that You are communicating with Us through electronic records and
You consent to receive communications via electronic records from Us periodically
and as and when required. We may communicate with you by email or by such other
mode of communication, electronic or otherwise.
Platform for Transaction
and Communication
The Website is a platform
that Users utilize to meet and interact with one another for their
transactions. DD Task Digital is not and cannot be a party to or control in any
manner any transaction between the Website's Users.
Henceforward:
1. All
commercial/contractual terms are offered by and agreed to between Buyers and
Sellers alone. The commercial/contractual terms include without limitation
price, shipping costs, payment methods, payment terms, date, period and mode of
delivery, warranties related to products and services and after sales services
related to products and services. DD Task Digital does not have any control or
does not determine or advise or in any way involve itself in the offering or
acceptance of such commercial/contractual terms between the Buyers and Sellers.
All discounts, offers (including exchange offers) are by the Seller/Brand and
not by DD Task Digital.
2. Placement of order by a
Buyer with Seller on the Website is an offer to buy the product(s) in the order
by the Buyer to the Seller and it shall not be construed as Seller's acceptance
of Buyer's offer to buy the product(s) ordered. The Seller retains the right to
cancel any such order placed by the Buyer, at its sole discretion and the Buyer
shall be intimated of the same by way of an email/SMS. Any transaction price
paid by Buyer in case of such cancellation by Seller, shall be refunded to the
Buyer. Further, the Seller may cancel an order wherein the quantities exceed
the typical individual consumption. 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 that exceeds the typical
individual consumption. What comprises a typical individual's consumption
quantity limit shall be based on various factors and at the sole discretion of
the Seller and may vary from individual to individual.
3. DD Task Digital does not
make any representation or Warranty as to specifics (such as quality, value,
salability, etc) of the products or services proposed to be sold or offered to
be sold or purchased on the Website. DD Task Digital does not implicitly or
explicitly support or endorse the sale or purchase of any products or services
on the Website. DD Task Digital accepts no liability for any errors or
omissions, whether on behalf of itself or third parties.
4. DD Task Digital is not
responsible for any non-performance or breach of any contract entered into
between Buyers and Sellers. DD Task Digital cannot and does not guarantee that
the concerned Buyers and/or Sellers will perform any transaction concluded on
the Website. DD Task Digital shall not and is not required to mediate or
resolve any dispute or disagreement between Buyers and Sellers.
5. DD Task Digital does not
make any representation or warranty as to the item-specifics (such as legal
title, creditworthiness, identity, etc) of any of its Users. You are advised to
independently verify the bona fides of any particular User that You choose to
deal with on the Website and use Your best judgment in that behalf.
6. DD Task Digital does not
at any point of time during any transaction between Buyer and Seller on the
Website come into or take possession of any of the products or services offered
by Seller nor does it at any point gain title to or have any rights or claims
over the products or services offered by Seller to Buyer.
7. At no time shall DD Task
Digital hold any right, title or interest over the products nor shall DD Task
Digital have any obligations or liabilities in respect of such contract entered
into between Buyers and Sellers. DD Task Digital is not responsible for
unsatisfactory or delayed performance of services or damages or delays as a
result of products which are out of stock, unavailable or back ordered.
8. The Website is only a
platform that can be utilized by Users to reach a larger base to buy and sell
products or services. DD Task Digital is only providing a platform for
communication and it is agreed that the contract for sale of any of the
products or services shall be a strictly bipartite contract between the Seller
and the Buyer.
At no time shall DD Task
Digital hold any any right, title or interest over the products nor shall DD
Task Digital have any obligations or liabilities in respect of such contract.
DD Task Digital is not
responsible for unsatisfactory or delayed performance of services or damages or
delays as a result of products which are out of stock, unavailable or back
ordered.
1.
You shall independently agree upon the manner and terms and
conditions of delivery, payment, insurance etc. with the seller(s) that You
transact with.
Disclaimer: Pricing on any product(s) as is reflected on
the Website may due to some technical issue, typographical error or product information
published by seller may be incorrectly reflected and in such an event seller
may cancel such your order(s).
1.
You release and indemnify DD Task Digital and/or any of its
officers and representatives from any cost, damage, liability or other
consequence of any of the actions of the Users of the Website and specifically
waive any claims that you may have in this behalf under any applicable law.
Notwithstanding its reasonable efforts in that behalf, DD Task Digital cannot
take responsibility or control the information provided by other Users which is
made available on the Website. You may find other User's information to be
offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution
and practice safe trading when using the Website.
Please note that there
could be risks in dealing with underage persons or people acting under false
pretence.
Charges
Membership on the Website
is free for buyers. DD Task Digital does not charge any fee for browsing and
buying on the Website. DD Task Digital reserves the right to change its Fee
Policy from time to time. In particular, DD Task Digital may at its sole
discretion introduce new services and modify some or all of the existing
services offered on the Website. In such an event DD Task Digital reserves the
right to introduce fees for the new services offered or amend/introduce fees
for existing services, as the case may be. Changes to the Fee Policy shall be
posted on the Website and such changes shall automatically become effective
immediately after they are posted on the Website. Unless otherwise stated, all
fees shall be quoted in Indian Rupees. You shall be solely responsible for
compliance of all applicable laws including those in India for making payments
to DD Task Digital Internet Private Limited.
Use of the Website
You agree, undertake and
confirm that Your use of Website shall be strictly governed by the following
binding principles:
1.
You shall not host, display, upload, modify, publish, transmit,
update or share any information which:
(a) belongs to another
person and to which You does not have any right to;
(b) is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
libellous, invasive of another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatever; or unlawfully
threatening or unlawfully harassing including but not limited to "indecent
representation of women" within the meaning of the Indecent Representation
of Women (Prohibition) Act, 1986;
(c) is misleading in any
way;
(d) is patently offensive
to the online community, such as sexually explicit content, or content that
promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of
any kind against any group or individual;
(e) harasses or advocates
harassment of another person;
(f) involves the
transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming";
(g) promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libellous;
(h) infringes upon or
violates any third party's rights [including, but not limited to, intellectual
property rights, rights of privacy (including without limitation unauthorized
disclosure of a person's name, email address, physical address or phone number)
or rights of publicity];
(i) promotes an illegal
or unauthorized copy of another person's copyrighted work (see "Copyright
complaint" below for instructions on how to lodge a complaint about
uploaded copyrighted material), such as providing pirated computer programs or
links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated music
files;
(j) contains restricted
or password-only access pages, or hidden pages or images (those not linked to
or from another accessible page);
(k) provides material
that exploits people in a sexual, violent or otherwise inappropriate manner or
solicits personal information from anyone;
(l) provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
(m) contains video,
photographs, or images of another person (with a minor or an adult).
(n) tries to gain
unauthorized access or exceeds the scope of authorized access to the Website or
to profiles, blogs, communities, account information, bulletins, friend
request, or other areas of the Website or solicits passwords or personal
identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial
activities and/or sales without Our prior written consent such as contests,
sweepstakes, barter, advertising and pyramid schemes, or the buying or selling
of "virtual" products related to the Website. Throughout this Terms
of Use, DD Task Digital's prior written consent means a communication coming
from DD Task Digital's Legal Department, specifically in response to Your
request, and specifically addressing the activity or conduct for which You seek
authorization;
(p) solicits gambling or
engages in any gambling activity which We, in Our sole discretion, believes is
or could be construed as being illegal;
(q) interferes with
another USER's use and enjoyment of the Website or any other individual's User
and enjoyment of similar services;
(r) refers to any website
or URL that, in Our sole discretion, contains material that is inappropriate
for the Website or any other website, contains content that would be prohibited
or violates the letter or spirit of these Terms of Use.
(s) harm minors in any
way;
(t) infringes any patent,
trademark, copyright or other proprietary rights or third party's trade secrets
or rights of publicity or privacy or shall not be fraudulent or involve the
sale of counterfeit or stolen products;
(u) violates any law for
the time being in force;
(v) deceives or misleads
the addressee/ users about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;
(w) impersonate another
person;
(x) contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource; or contains any
trojan horses, worms, time bombs, cancelbots, easter eggs or other computer
programming routines that may damage, detrimentally interfere with, diminish
value of, surreptitiously intercept or expropriate any system, data or personal
information;
(y) threatens the unity,
integrity, defence, security or sovereignty of India, friendly relations with
foreign states, or public order or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is insulting any
other nation.
(z) shall not be false,
inaccurate or misleading;
(aa) shall not, directly
or indirectly, offer, attempt to offer, trade or attempt to trade in any item,
the dealing of which is prohibited or restricted in any manner under the
provisions of any applicable law, rule, regulation or guideline for the time
being in force.
(ab) shall not create liability
for Us or cause Us to lose (in whole or in part) the services of Our internet
service provider ("ISPs") or other suppliers;
1. You shall not use any
"deep-link", "page-scrape", "robot",
"spider" or other automatic device, program, algorithm or methodology,
or any similar or equivalent manual process, to access, acquire, copy or
monitor any portion of the Website or any Content, or in any way reproduce or
circumvent the navigational structure or presentation of the Website or any
Content, to obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through the Website. We reserve
Our right to bar any such activity.
2. You shall not attempt to
gain unauthorized access to any portion or feature of the Website, or any other
systems or networks connected to the Website or to any server, computer,
network, or to any of the services offered on or through the Website, by
hacking, password "mining" or any other illegitimate means.
3. You shall not probe, scan
or test the vulnerability of the Website or any network connected to the
Website nor breach the security or authentication measures on the Website or
any network connected to the Website. You may not reverse look-up, trace or
seek to trace any information on any other User of or visitor to Website, or
any other customer, including any account on the Website not owned by You, to
its source, or exploit the Website or any service or information made available
or offered by or through the Website, in any way where the purpose is to reveal
any information, including but not limited to personal identification or
information, other than Your own information, as provided for by the Website.
4. You shall not make any
negative, denigrating or defamatory statement(s) or comment(s) about Us or the
brand name or domain name used by Us including the terms DD Task Digital,
Flyte, Digiflip, Flipcart, DD Task Digital.com, or otherwise engage in any
conduct or action that might tarnish the image or reputation, of DD Task
Digital or sellers on platform or otherwise tarnish or dilute any DD Task
Digital's trade or service marks, trade name and/or goodwill associated with
such trade or service marks, trade name as may be owned or used by us. You
agree that You will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Website or DD Task
Digital's systems or networks, or any systems or networks connected to DD Task
Digital.
5. You agree not to use any
device, software or routine to interfere or attempt to interfere with the proper
working of the Website or any transaction being conducted on the Website, or
with any other person's use of the Website.
6. You may not forge headers
or otherwise manipulate identifiers in order to disguise the origin of any
message or transmittal You send to Us on or through the Website or any service
offered on or through the Website. You may not pretend that You are, or that
You represent, someone else, or impersonate any other individual or entity.
7. You may not use the
Website or any content for any purpose that is unlawful or prohibited by these
Terms of Use, or to solicit the performance of any illegal activity or other
activity which infringes the rights of DD Task Digital and / or others.
8. You shall at all times
ensure full compliance with the applicable provisions of the Information
Technology Act, 2000 and rules thereunder as applicable and as amended from
time to time and also all applicable Domestic laws, rules and regulations
(including the provisions of any applicable Exchange Control Laws or Regulations
in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances
and Regulations (including, but not limited to Sales Tax/VAT, Income Tax,
Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your
use of Our service and Your listing, purchase, solicitation of offers to
purchase, and sale of products or services. You shall not engage in any
transaction in an item or service, which is prohibited by the provisions of any
applicable law including exchange control laws or regulations for the time
being in force.
9. Solely to enable Us to
use the information You supply Us with, so that we are not violating any rights
You might have in Your Information, You agree to grant Us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through
multiple tiers) right to exercise the copyright, publicity, database rights or
any other rights You have in Your Information, in any media now known or not
currently known, with respect to Your Information. We will only use Your
information in accordance with the Terms of Use and Privacy Policy applicable
to use of the Website.
10. From time to time, You
shall be responsible for providing information relating to the products or
services proposed to be sold by You. In this connection, You undertake that all
such information shall be accurate in all respects. You shall not exaggerate or
over emphasize the attributes of such products or services so as to mislead
other Users in any manner.
11. You shall not engage in
advertising to, or solicitation of, other Users of the Website to buy or sell
any products or services, including, but not limited to, products or services
related to that being displayed on the Website or related to us. You may not
transmit any chain letters or unsolicited commercial or junk email to other
Users via the Website. It shall be a violation of these Terms of Use to use any
information obtained from the Website in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell to
another person other than Us without Our prior explicit consent. In order to
protect Our Users from such advertising or solicitation, We reserve the right
to restrict the number of messages or emails which a user may send to other
Users in any 24-hour period which We deems appropriate in its sole discretion.
You understand that We have the right at all times to disclose any information
(including the identity of the persons providing information or materials on
the Website) as necessary to satisfy any law, regulation or valid governmental
request. This may include, without limitation, disclosure of the information in
connection with investigation of alleged illegal activity or solicitation of
illegal activity or in response to a lawful court order or subpoena. In
addition, We can (and You hereby expressly authorize Us to) disclose any
information about You to law enforcement or other government officials, as we,
in Our sole discretion, believe necessary or appropriate in connection with the
investigation and/or resolution of possible crimes, especially those that may
involve personal injury.
We reserve the right, but
has no obligation, to monitor the materials posted on the Website. DD Task
Digital shall have the right to remove or edit any content that in its sole
discretion violates, or is alleged to violate, any applicable law or either the
spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN
SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND
IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not
necessarily reflect DD Task Digital views. In no event shall DD Task Digital
assume or have any responsibility or liability for any Content posted or for
any claims, damages or losses resulting from use of Content and/or appearance
of Content on the Website. You hereby represent and warrant that You have all
necessary rights in and to all Content which You provide and all information it
contains and that such Content shall not infringe any proprietary or other
rights of third parties or contain any libellous, tortious, or otherwise
unlawful information.
1. Your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the Website, including payment and delivery of related products or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between You and such advertiser. We
shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such
advertisers on the Website.
2. It is possible that other
users (including unauthorized users or "hackers") may post or
transmit offensive or obscene materials on the Website and that You may be
involuntarily exposed to such offensive and obscene materials. It also is
possible for others to obtain personal information about You due to your use of
the Website, and that the recipient may use such information to harass or
injure You. We does not approve of such unauthorized uses, but by using the
Website You acknowledge and agree that We are not responsible for the use of
any personal information that You publicly disclose or share with others on the
Website. Please carefully select the type of information that You publicly
disclose or share with others on the Website.
3. DD Task Digital shall
have all the rights to take necessary action and claim damages that may occur
due to your involvement/participation in any way on your own or through group/s
of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of
Services).
Contents Posted on Site
All text, graphics, user
interfaces, visual interfaces, photographs, trademarks, logos, sounds, music
and artwork (collectively, "Content"), is a third party user
generated content and DD Task Digital has no control over such third party user
generated content as DD Task Digital is merely an intermediary for the purposes
of this Terms of Use.
Except as expressly
provided in these Terms of Use, no part of the Website and no Content may be
copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including
"mirroring") to any other computer, server, Website or other medium
for publication or distribution or for any commercial enterprise, without DD
Task Digital's express prior written consent.
You may use information
on the products and services purposely made available on the Website for
downloading, provided that You (1) do not remove any proprietary notice
language in all copies of such documents, (2) use such information only for
your personal, non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it in any media, (3)
make no modifications to any such information, and (4) do not make any
additional representations or warranties relating to such documents.
You shall be responsible
for any notes, messages, emails, billboard postings, photos, drawings,
profiles, opinions, ideas, images, videos, audio files or other materials or
information posted or transmitted to the Website (collectively,
"Content"). Such Content will become Our property and You grant Us
the worldwide, perpetual and transferable rights in such Content. We shall be
entitled to, consistent with Our Privacy Policy as adopted in accordance with
applicable law, use the Content or any of its elements for any type of use
forever, including but not limited to promotional and advertising purposes and
in any media whether now known or hereafter devised, including the creation of
derivative works that may include the Content You provide. You agree that any
Content You post may be used by us, consistent with Our Privacy Policy and
Rules of Conduct on Site as mentioned herein, and You are not entitled to any
payment or other compensation for such use.
Privacy
We view protection of
Your privacy as a very important principle. We understand clearly that You and
Your Personal Information is one of Our most important assets. We store and
process Your Information including any sensitive financial information
collected (as defined under the Information Technology Act, 2000), if any, on
computers that may be protected by physical as well as reasonable technological
security measures and procedures in accordance with Information Technology Act
2000 and Rules there under. Our current Privacy Policy is available at Privacy.
If You object to Your Information being transferred or used in this way please
do not use Website.
We may share personal
information with our other corporate entities and affiliates. These entities
and affiliatesmay market to you as a result of such sharing unless you
explicitly opt-out.
We may disclose personal
information to third parties. This disclosure may be required for us to provide
youaccess to our Services, to comply with our legal obligations, to enforce our
User Agreement, to facilitate our marketing and advertising activities, or to
prevent, detect, mitigate, and investigate fraudulent or illegal activities
related to our Services. We do not disclose your personal information to third
parties for their marketing and advertising purposes without your explicit
consent.
We may disclose personal
information if required to do so by law or in the good faith belief that such
disclosure is reasonably necessary to respond to subpoenas, court orders, or
other legal process. We may disclose personal information to law enforcement
offices, third party rights owners, or others in the good faith belief that
such disclosure is reasonably necessary to: enforce our Terms or Privacy
Policy; respond to claims that an advertisement, posting or other content
violates the rights of a third party; or protect the rights, property or
personal safety of our users or the general public.
We and our affiliates
will share / sell some or all of your personal information with another
business entity should we (or our assets) plan to merge with, or be acquired by
that business entity, or re-organization, amalgamation, restructuring of
business. Should such a transaction occur that other business entity (or the
new combined entity) will be required to follow this privacy policy with
respect to your personal information.
Disclaimer of Warranties
and Liability
This Website, all the
materials and products (including but not limited to software) and services,
included on or otherwise made available to You through this site are provided
on "as is" and "as available" basis without any
representation or warranties, express or implied except otherwise specified in
writing. Without prejudice to the forgoing paragraph, DD Task Digital does not
warrant that:
This Website will be
constantly available, or available at all; or
The information on this
Website is complete, true, accurate or non-misleading.
DD Task Digital will not
be liable to You in any way or in relation to the Contents of, or use of, or
otherwise in connection with, the Website. DD Task Digital does not warrant
that this site; information, Content, materials, product (including software)
or services included on or otherwise made available to You through the Website;
their servers; or electronic communication sent from Us are free of viruses or
other harmful components.
Nothing on Website
constitutes, or is meant to constitute, advice of any kind. All the Products
sold on Website are governed by different state laws and if Seller is unable to
deliver such Products due to implications of different state laws, Seller will
return or will give credit for the amount (if any) received in advance by
Seller from the sale of such Product that could not be delivered to You.
You will be required to
enter a valid phone number while placing an order on the Website. By
registering Your phone number with us, You consent to be contacted by Us via
phone calls, SMS notifications, mobile applications and/or any other electronic
mode of communication in case of any order or shipment or delivery related
updates. We will not use your personal information to initiate any promotional
phone calls or SMS.
Selling
As a registered seller,
you are allowed to list item(s) for sale on the Website in accordance with the
Policies which are incorporated by way of reference in this Terms of Use. You
must be legally able to sell the item(s) you list for sale on our Website. You
must ensure that the listed items do not infringe upon the intellectual
property, trade secret or other proprietary rights or rights of publicity or
privacy rights of third parties. Listings may only include text descriptions,
graphics and pictures that describe your item for sale. All listed items must
be listed in an appropriate category on the Website. All listed items must be
kept in stock for successful fulfilment of sales.
The listing description
of the item must not be misleading and must describe actual condition of the
product. If the item description does not match the actual condition of the
item, you agree to refund any amounts that you may have received from the
Buyer. You agree not to list a single product in multiple quantities across
various categories on the Website. DD Task Digital reserves the right to delete
such multiple listings of the same product listed by you in various categories.
Services
Payment
While availing any of the
payment method/s available on the Website, we will not be responsible or assume
any liability, whatsoever in respect of any loss or damage arising directly or
indirectly to You due to:
1.
Lack of authorization for any transaction/s, or
2.
Exceeding the preset limit mutually agreed by You and between
"Bank/s", or
3.
Any payment issues arising out of the transaction, or
4.
Decline of transaction for any other reason/s
All payments made against
the purchases/services on Website by you shall be compulsorily in Indian Rupees
acceptable in the Republic of India. Website will not facilitate transaction
with respect to any other form of currency with respect to the purchases made
on Website.
Before shipping /
delivering your order to you, Seller may request you to provide supporting
documents (including but not limited to Govt. issued ID and address proof) to
establish the ownership of the payment instrument used by you for your
purchase. This is done in the interest of providing a safe online shopping
environment to Our Users.
Further:
1. Transactions, Transaction
Price and all commercial terms such as Delivery, Dispatch of products and/or
services are as per principal to principal bipartite contractual obligations
between Buyer and Seller and payment facility is merely used by the Buyer and
Seller to facilitate the completion of the Transaction. Use of the payment
facility shall not render DD Task Digital liable or responsible for the
non-delivery, non-receipt, non-payment, damage, breach of representations and
warranties, non-provision of after sales or warranty services or fraud as
regards the products and /or services listed on DD Task Digital's Website.
2. You have specifically
authorized DD Task Digital or its service providers to collect, process,
facilitate and remit payments and / or the Transaction Price electronically or
through Cash on Delivery to and from other Users in respect of transactions
through Payment Facility. Your relationship with DD Task Digital is on a
principal to principal basis and by accepting these Terms of Use you agree that
DD Task Digital is an independent contractor for all purposes, and does not
have control of or liability for the products or services that are listed on DD
Task Digital's Website that are paid for by using the Payment Facility. DD Task
Digital does not guarantee the identity of any User nor does it ensure that a
Buyer or a Seller will complete a transaction.
3. You understand, accept
and agree that the payment facility provided by DD Task Digital is neither a
banking nor financial service but is merely a facilitator providing an
electronic, automated online electronic payment, receiving payment through Cash
On Delivery, collection and remittance facility for the Transactions on the DD
Task Digital Website using the existing authorized banking infrastructure and
Credit Card payment gateway networks. Further, by providing Payment Facility, DD
Task Digital is neither acting as trustees nor acting in a fiduciary capacity with
respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
You, as a Buyer,
understand that upon initiating a Transaction You are entering into a legally
binding and enforceable contract with the Seller to purchase the products and
/or services from the Seller using the Payment Facility, and You shall pay the
Transaction Price through Your Issuing Bank to the Seller using Payment
Facility.
You, as a Buyer, may
agree with the Seller through electronic communication and electronic records
and using the automated features as may be provided by Payment Facility on any
extension / increase in the Dispatch and/or Delivery time and the Transaction
shall stand amended to such extent. Any such extension / increase of Dispatch /
Delivery time or subsequent novation / variation of the Transaction should be
in compliance with Payment Facility Rules and Policies.
You, as a Buyer, shall
electronically notify Payment Facility using the appropriate DD Task Digital
Website features immediately upon Delivery or non Delivery within the time
period as provided in Policies. Non notification by You of Delivery or non
Delivery within the time period specified in the Policies shall be construed as
a deemed Delivery in respect of that Transaction. In case of Cash On Delivery
transactions, Buyer is not required to confirm the receipt of products or
services.
You, as a Buyer, shall be
entitled to claim a refund of the Transaction Price (as Your sole and exclusive
remedy) in case You do not receive the Delivery within the time period agreed
in the Transaction or within the time period as provided in the Policies,
whichever is earlier. In case you do not raise a refund claim using Website
features within the stipulated time than this would make You ineligible for a
refund.
You, as a Buyer,
understand that the Payment Facility may not be available in full or in part
for certain category of products and/or services and/or Transactions as
mentioned in the Policies and hence You may not be entitled to a refund in
respect of the Transactions for those products and /or services
Except for Cash On
Delivery transaction, refund, if any, shall be made at the same Issuing Bank
from where Transaction Price was received, or through any other method
available on the Website, as chosen by You.
For Cash On Delivery
transactions, refunds, if any, will be made via electronic payment transfers.
Refund shall be made in
Indian Rupees only and shall be equivalent to the Transaction Price received in
Indian Rupees.
For electronics payments,
refund shall be made through payment facility using NEFT / RTGS or any other
online banking / electronic funds transfer system approved by Reserve Bank
India (RBI).
Refunds may be supported
for select banks. Where a bank is not supported for processing refunds, You
will be required to share alternate bank account details with us for processing
the refund.
Refund shall be
conditional and shall be with recourse available to DD Task Digital in case of
any misuse by Buyer.
We may also request you
for additional documents for verification.
Refund shall be subject
to Buyer complying with Policies.
1. DD Task Digital reserves
the right to impose limits on the number of Transactions or Transaction Price
which DD Task Digital may receive from on an individual Valid Credit/Debit/
Cash Card / Valid Bank Account/ and such other infrastructure or any other
financial instrument directly or indirectly through payment aggregator or
through any such facility authorized by Reserve Bank of India to provide
enabling support facility for collection and remittance of payment or by an
individual Buyer during any time period, and reserves the right to refuse to
process Transactions exceeding such limit.
2. DD Task Digital reserves
the right to refuse to process Transactions by Buyers with a prior history of
questionable charges including without limitation breach of any agreements by
Buyer with DD Task Digital or breach/violation of any law or any charges
imposed by Issuing Bank or breach of any policy.
3. DD Task Digital may do
such checks as it deems fit before approving the receipt of/Buyers commitment
to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for
security or other reasons at the discretion of DD Task Digital. As a result of
such check if DD Task Digital is not satisfied with the creditability of the
Buyer or genuineness of the Transaction or other reasons at its sole
discretion, DD Task Digital shall have the right to reject the receipt of /
Buyers commitment to pay Transaction Price. For avoidance of doubt, it is
hereby clarified that the ‘Cash on Delivery’ feature for payment, may be
disabled for certain account users, at the sole discretion of DD Task Digital.
4. DD Task Digital may delay
notifying the payment confirmation i.e. informing Seller to Dispatch, if DD
Task Digital deems suspicious or for Buyers conducting high transaction volumes
to ensure safety of the Transaction and Transaction Price. In addition, DD Task
Digital may hold Transaction Price and DD Task Digital may not inform Seller to
Dispatch or remit Transaction Price to law enforcement officials (instead of
refunding the same to Buyer) at the request of law enforcement officials or in
the event the Buyer is engaged in any form of illegal activity.
5. The Buyer and Seller
acknowledge that DD Task Digital will not be liable for any damages, interests
or claims etc. resulting from not processing a Transaction/Transaction Price or
any delay in processing a Transaction/Transaction Price which is beyond control
of DD Task Digital.
Compliance with Laws:
1. As required by applicable
law, if the Customer makes a purchase of an amount equal to or above INR 2 00
000.00, the Customer will be required to upload a scanned copy of his/her PAN
card on the Platform, within 4 days of making the purchase, failing which, the
purchase made by the Customer will be cancelled. The requirement to submit the
PAN card arises only once and if it has been submitted once by the Customer, it
need not be submitted again. The order of the Customer shall stand cancelled if
there is a discrepancy between the name of the Customer and the name on the PAN
Card.
2. Buyer and Seller shall
comply with all the applicable laws (including without limitation Foreign
Exchange Management Act, 1999 and the rules made and notifications issued there
under and the Exchange Control Manual as may be issued by Reserve Bank of India
from time to time, Customs Act, Information and Technology Act, 2000 as amended
by the Information Technology (Amendment) Act 2008, Prevention of Money
Laundering Act, 2002 and the rules made there under, Foreign Contribution
Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and
the rules made there under, Export Import Policy of government of India)
applicable to them respectively for using Payment Facility and DD Task Digital
Website.
Buyer's arrangement with Issuing Bank:
1. All Valid Credit / Debit/
Cash Card/ and other payment instruments are processed using a Credit Card
payment gateway or appropriate payment system infrastructure and the same will
also be governed by the terms and conditions agreed to between the Buyer and
the respective Issuing Bank and payment instrument issuing company.
2. All Online Bank Transfers
from Valid Bank Accounts are processed using the gateway provided by the
respective Issuing Bank which support Payment Facility to provide these
services to the Users. All such Online Bank Transfers on Payment Facility are
also governed by the terms and conditions agreed to between Buyer and the
respective Issuing Bank.
DD Task Digital's
Replacement Guarantee*
DD Task Digital's
Replacement Guarantee seeks to assist Buyers who have been defrauded by
qualified sellers on the Website. The return policy period (DD Task Digital's
Replacement Guarantee) depends on the product category and the seller. Kindly
click here to know the return policy period applicable for different
categories. If at the time of delivery and/or within the applicable return
policy period, if any defect is found, then the buyer of the product/s can ask
for replacement of the product/s from the seller subject to the following terms
and conditions
1. Notify seller of any
defects in the product/s at the time of delivery of the product/s and/or within
the applicable return policy period and the same product/s will be replaced in
return of the defective product/s.
2. Replacement can be for
the entire product/s or part/s of the product subject to availability of the
same with the seller.
Following products shall
not be eligible for return or replacement:
a. Damages due to misuse
of product;
b. Incidental damage due
to malfunctioning of product;
c. Any consumable item
which has been used/installed;
d. Products with tampered
or missing serial/UPC numbers;
e. Digital
products/services (Flyte music downloads)
f. Any damage/defect
which are not covered under the manufacturer's warranty
g. Any product that is
returned without all original packaging and accessories, including the box,
manufacturer's packaging if any, and all other items originally included with
the product/s delivered;
h. Jewellery which is
'made to order' on customer's request
On Clothing and Footwear,
qualified sellers accept 30 day exchange subject to the following conditions:
Clothes and footwear are
not used (other than for trial), altered, washed, soiled or damaged in any way.
Original tags and
packaging should be intact. For items that come in branded packaging, the box
should be undamaged.
Returns are not
applicable for 'Made to order' jewellery, Innerwear, lingerie, socks, clothing
freebies, etc.
Damaged or defective or
'Not as described' products in Lifestyle category (includes clothing, footwear,
etc.) are meanwhile covered by the 30 Day Replacement Guarantee. Kindly click
here to know the return policy period (Replacement Guarantee) applicable for
different categories.
If DD Task Digital has
any suspicion or knowledge that any of its buyers and sellers are involved in
any activity that is intended to provide claims or information that is false or
not genuine, DD Task Digital may also, while reserving its rights to initiate
civil and/or criminal proceedings against such member buyers and sellers, at
its sole discretion, suspend, block, restrict, cancel the Display Name of such
buyers and sellers and/or disqualify that user and any related users from
availing protection through this program. Customers who have been blocked for
any suspicious or fraudulent activity on DD Task Digital will not be allowed to
return their products.
DD Task Digital reserves its
right to initiate civil and/or criminal proceedings against a user who, files a
invalid and/or false claims or provides false, incomplete, or misleading
information. In addition to the legal proceedings as aforesaid, DD Task Digital
may at its sole discretion suspend, block, restrict, cancel the Display Name
[and its related Display Names] of such user and/or disqualify that user and
any related users from availing protection through this program. Any person
who, knowingly and with intent to injure, defraud or deceive, files a
Fraudulent Complaint containing false, incomplete, or misleading information
may be guilty of a criminal offence and will be prosecuted to the fullest
extent of the law.
Exchange Offers:
By participating in the
exchange I confirm that I am the sole and absolute owner and/or user of the
product mentioned above (device).
I confirm that device
which I am exchanging under the buyback program is genuine and is not
counterfeit, free from any and all encumbrances, liens, attachments, disputes,
legal flaws, exchange or any Agreement of Sale etc. and I have got the clear
ownership of the said device.
You agree to indemnity
and keep indemnifying DD Task Digital.com and any future buyer of the device
against all or any third party claims, demand, cost, expenses including
attorney fees which may be suffered, incurred, undergone and / or sustained by DD
Task Digital.com, its affiliates or any future buyer due to usage of the device
by you till date and you undertake to make good the same.
I confirm that all the
data in the said device will be erased before handing it over under buy back
program. I also confirm that in spite of erasing the data
manually/electronically, if any data still accessible due any technical reason,
DD Task Digital.com, Seller or the Manufacturer shall not be responsible for
the same and I will not approach DD Task Digital.com for any retrieval of the
data.
I hereby give my consent
that my personal information that I have provided in connection with this
buyback program might be processed, transferred and retained by the retailer
and other entities involved in managing the program for the purposes of
validating the information that I provided herein and for the administration of
the program.
I agree to indemnity and
keep indemnifying the DD Task Digital.com and any future buyer of the old
device against all or any third party claims, demand, cost, expenses including
attorney fees which may be suffered, incurred, undergone and / or sustained by DD
Task Digital.com, its affiliates or any future buyer due to usage of the device
by me till date and I undertake to make good the same.
I understand once a
device is sent by me to DD Task Digital, in no scenario can this device be
returned back to me.
I understand that the new
device delivery and the old device pickup will happen simultaneously (hand in
hand) and I shall keep the old device ready to be given for exchange.
Products distributed as
gifts from state sponsored or NGO funded distribution programs are not accepted
for exchange under exchange offers.
Digital Content: Music
Music (MP3 format): Only certain short listed Seller (at
the sole discretion of DD Task Digital) shall be entitled to sell Music (MP3
format) on the Website. You may be able to purchase DRM-free digital music in
MP3 file format on the Website from the respective Sellers. Such MP3 music
files shall be provided to You as per selection provided by Seller, subject to
certain limitations as described by the Seller. You shall be granted specified
download rights of DRM-free MP3 music files from the catalogue of MP3 music
displayed on the Website. The MP3 music may include full-length MP3 audio
tracks at best available bit rate and certain other premium features, as may be
provided on the Website by respective Sellers from time to time.
Territory: Currently You can purchase downloadable digital
MP3 music only through the Website and Flyte Music Application as may be made
available from time to time on the Website, only within the territory of India.
Rights Granted: Music download right is a non-exclusive,
non-transferable right to use for your personal, non-commercial, entertainment
use, subject to and in accordance with the Terms of Use. You may copy, store,
transfer and burn the MP3 music file only for your personal, non-commercial,
entertainment use, subject to and in accordance with the Terms of Use. You
represent, warrant and agree that You will use the MP3 music file only for your
personal, non-commercial, entertainment use and not for any redistribution of
the same or other use restricted in this Section. You agree not to infringe the
rights of the copyright owners and to comply with all applicable laws in your
use of the MP3 music file. You agree that You will not redistribute, transmit,
assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or
otherwise transfer or use MP3 music file. You are not granted any
synchronization, public performance, promotional use, commercial sale, resale,
reproduction or distribution rights for MP3 music file. You acknowledge that
the MP3 music file embodies the intellectual property of a third party and is
protected by law.
Explicit Consent: You agree that we shall have no liability
to You for MP3 music file downloaded by You on the Website if You find the same
to be offensive, indecent or objectionable and expressions through the audio
files are not subscribed by us.
Cash on Delivery as a
mode of payment is not available for purchasing MP3 music on the Website
currently.
All Sales Final; Downloading and Risk of Loss; Availability of
MP3 music files: All sales of MP3 music files are final. Returns of MP3
music files are not permissible on website. Once You have purchased MP3 music
files, DD Task Digital encourages You to download it promptly. If You are
unable to complete a download, please contact customer service within 6 hours
of the payment.
Further DD Task Digital
assumes no liability if your media player does not support the file format made
available by the Seller on the Website or your browser does not support the
music download application / software available by the Seller on the Website,
by whatever name called.
You bear all risk of loss
after purchase and for any loss of MP3 music files You have downloaded,
including any loss due to a computer or hard drive crash.
Seller may, from time to
time, at its sole discretion, remove MP3 music files from the Service without
notice.
Intellectual Property Rights: It is hereby specifically
recorded that the copyright and other Intellectual Property in the music
available on the Website is the sole and exclusive property of third parties.
Seller represents and warrants that Sellers are authorized by such third
parties to upload the music on the Website for license of use to the end
customers. Intellectual Property Rights for the purpose of this Terms of Use
shall always mean and include copyrights whether registered or not, patents
including rights of filing patents, trademarks, trade names, trade dresses,
house marks, collective marks, associate marks and the right to register them,
designs both industrial and layout, geographical indicators, moral rights,
broadcasting rights, displaying rights, distribution rights, selling rights,
abridged rights, translating rights, reproducing rights, performing rights,
communicating rights, adapting rights, circulating rights, protected rights,
joint rights, reciprocating rights, infringement rights. All those Intellectual
Property rights arising as a result of domain names, internet or any other
right available under applicable law shall vest in the domain of DD Task
Digital as the owner of such domain name. The Parties hereto agree and confirm
that no part of any Intellectual Property rights mentioned hereinabove is
transferred in the name of User and any intellectual property rights arising as
a result of these presents shall also be in the absolute ownership, possession and
Our control or control of its licensors, as the case may be.
Your request to download
a MP3 music file is personal to You, and the track may not be used, sold,
rented, transferred, licensed or otherwise provided to any other User. The
license to downloaded tracks includes only those rights explicitly stated
herein (typically, the right to play back for your own personal use from your
personal computer, CD player, digital player, or other personal consumer
electronic device), and, for the avoidance of doubt, does not include the right
to create a derivative work, to make copies other than for your own personal
use, or to use the track in any commercial manner. You shall promptly notify Us
in writing upon your discovery of any unauthorized use or infringement.
Software: Seller may make available to You, from time to
time, software for Your use in connection with the download of MP3 music files
(any and all such software, individually and collectively, the
"Software").
You may use the Software
only in connection with the download of MP3 music files on the Website. You may
not separate any individual component of the Software for use other than in
connection to the download, may not incorporate any portion of it into Your own
programs or compile any portion of it in combination with your own programs,
may not transfer it for use with another service, or use it, or any portion of
it, over a network and may not sell, rent, lease, lend, loan, distribute or
sub-license the Software or otherwise assign any rights to the Software in
whole or in part. Seller may discontinue some or all of any Software Seller
provide, and Seller may terminate your right to use any Software at any time
and in such event may modify it to make it inoperable.
Without limiting the
Disclaimer of Warranties and Limitation of Liability in this terms of use, (i)
in no event shall Our or software licensors' total liability to You for all
damages arising out of or related to your use or inability to use the Software
and / or download manager or any other application exceed the amount of ₹20;
and (ii) in no event shall Our or Our Digital Content providers' total
liability to You for all damages arising from your use of the Service, the
Digital Content, or information, materials or products included on or otherwise
made available to You through the Service (excluding the Software), exceed the
amount You paid to purchase, on the Service, the Digital Content related to
Your claim for damages.
Digital Content: eBooks
ebook (ePub format): You will be able to purchase
DRM-encrypted eBooks in ePub file format on the DD Task Digital Website and the
Flyte eBooks application. Such ePub files shall be provided to you as per your
selection, subject to certain limitations as described herein. You shall be
granted specified download rights of DRM-encrypted ePub files from the catalog
of eBooks displayed on the Website.
Download rights: You will need to be registered with DD
Task Digital to make an ebook purchase. The eBooks which you purchase from the DD
Task Digital Website or Flyte eBooks application shall be added in your DD Task
Digital eBooks library from where you can download the eBooks onto your
device(/s). Each downloaded ebook is locked to the User account and the
downloader device. These downloaded eBooks cannot be transferred onto other
devices. Each device used by you will have to be synced with your online eBooks
library. You can sync a maximum of six(6) devices against your user account.
You can download the eBooks to your mobile or tablet devices for offline
reading and can read the eBooks using the Flyte eBooks Application only.
Flyte eBooks application: Flyte eBooks application will
enable you to read the digital books purchased from the Flyte eBooks store, on
your mobile or tablet devices. The app also has an in-app Flyte eBooks store
where the user can quickly purchase eBooks. The Flyte eBooks app will be
available in the Android platform. The Android app will be compatible with both
mobiles and tablet devices. You can download the Flyte eBooks android app for
free from the DD Task Digital Website and also Google Play.
Territory: Currently you can purchase downloadable eBooks
only through the Website and Flyte eBooks Application as may be made available
from time to time on the Website, only within the territory of India. You have
to be within the Indian Territory to even download the already purchased files
from your DD Task Digital eBooks library.
DRM Specifications: The DRM (Digital Rights Management)
enables us to restrict certain permissions. The Flyte DRM specifications
restrict the following permissions:
|
Default Restrictions |
DD Task Digital Settings |
|
Printing |
Not
Allowed |
|
Copying |
Not
Allowed |
|
Side-Loading
(from one device to other) |
Not
Allowed |
|
e-mailing |
Not
Allowed |
|
Saving
Images |
Not
Allowed |
|
Read
out aloud |
Not
Allowed |
|
Number
of distinct devices for file downloading |
Allowed
(Six) |
|
Social
media sharing |
140
word |
Rights Granted: Upon your payment of our fees for ebook, we
grant you a non-exclusive, non-transferable right to use the downloaded ebook
for your personal, non-commercial, entertainment use, subject to and in
accordance with the Terms of Use. You may store the ebook only for your
personal, non-commercial, entertainment use, subject to and in accordance with
the Terms of Use. You represent, warrant and agree that you will use the ebook only
for your personal, non-commercial, entertainment use and not for any
redistribution of the same or other use restricted in this Section. You agree
not to infringe the rights of the copyright owners and to comply with all
applicable laws in your use of the ebook. You agree that you will not
redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify,
adapt, edit, license or otherwise transfer or use ebook. You are not granted
any synchronization, public performance, promotional use, commercial sale,
resale, reproduction or distribution rights for ebook. You acknowledge that the
ebook embodies the intellectual property of a third party and is protected by
law.
Explicit Consent: You agree that we shall have no liability
to you for ebook downloaded by You on the Website or Flyte Apps if you find the
same to be offensive, indecent or objectionable.
Payment: The Price List for each downloadable ebook
displayed on the Website represents the full retail price (inclusive of all
taxes unless specified otherwise) for said downloadable ebook. You shall pay
for such downloadable ebook using one of the payment options available on the
Website. The Price List mentions the prices of each downloadable ebook and the
User shall pay in Indian Currency (i.e. Indian Rupee). We reserve our right to
change the prices of the ebook and services and the availability of the same at
our sole discretion.
DD Task Digital will
allow the user to buy ebook using the following forms of payments.
--> Credit Cards
--> Internet Banking
--> Debit Cards
--> DD Task Digital
Wallet
--> any other mode of
payment, as may be decided and made available on the Website.
Please note that payment
can be made only in India Rupees and all the above payment instruments must
have been issued by entities operating in India and subject to Indian
regulations.
Cash on Delivery as a
mode of payment is not available for purchasing ebook on the Website currently.
Payment made by credit
card or any other mode as mentioned above should be received by us on time. If
for any reason we do not receive payment from the credit card issuer or any
agent involved in any of the above payment modes, You agree that you shall pay
all amounts due upon demand by us.
All Sales Final;
Downloading and Risk of Loss; Availability of eBooks. All sales of eBooks are
final. We do not accept returns of eBooks. Once you have purchased eBooks, we
encourage you to download it promptly. If you are unable to complete a
download, please contact customer service within 30 days of the payment. The ebook
will be removed from your library and the amount that was charged during the
payment will be refunded in the form of store credit. The eBooks will also be
replaced in cases of genuine technical errors as mentioned in the replacement
policy.
You bear all risk of loss
after purchase and for any loss of eBooks you have downloaded, including any
loss due to a computer or hard drive crash. We may, from time to time, at our
sole discretion remove eBooks from the Service without notice.
Intellectual Property Rights: It is hereby specifically
recorded that the copyright and other Intellectual Property in the ebook
available on the Website is the sole and exclusive property of third parties.
We are authorised by such third parties to upload the ebook on the Website for
license of use to the end customers. Intellectual Property Rights for the
purpose of this Agreement shall always mean and include copyrights whether
registered or not, patents including rights of filing patents, trademarks,
trade names, trade dresses, house marks, collective marks, associate marks and
the right to register them, designs both industrial and layout, geographical
indicators, moral rights, broadcasting rights, displaying rights, distribution
rights, selling rights, abridged rights, translating rights, reproducing
rights, performing rights, communicating rights, adapting rights, circulating
rights, protected rights, joint rights, reciprocating rights, infringement
rights. All those Intellectual Property rights arising as a result of domain names,
internet or any other right available under applicable law shall vest in the
domain of DD Task Digital Internet Private Limited as the owner of such domain
name. The Parties hereto agree and confirm that no part of any Intellectual
Property rights mentioned hereinabove is transferred in the name of User and
any intellectual property rights arising as a result of these presents shall
also be in the absolute ownership, possession and our control or control of its
licensors, as the case may be.
Your request to download
an ebook is personal to you, and the ebook may not be used, sold, rented,
transferred, licensed or otherwise provided to any other user. The license to
downloaded eBooks includes only those rights explicitly stated herein
(typically, the right to read the ebook in Flyte eBooks Application), and, for
the avoidance of doubt, does not include the right to create a derivative work,
to make copies, or to use the ebook in any commercial manner. You shall
promptly notify us in writing upon your discovery of any unauthorized use or
infringement.
Software: We may make available to you, from time to time,
software or updates for your use in connection with the download of eBooks (any
and all such software, individually and collectively, the
"Software").
You may use the Software
only in connection with the download of eBooks on the Website. You may not
separate any individual component of the Software for use other than in
connection to the download, may not incorporate any portion of it into Your own
programs or compile any portion of it in combination with your own programs,
may not transfer it for use with another service, or use it, or any portion of
it, over a network and may not sell, rent, lease, lend, loan, distribute or
sub-license the Software or otherwise assign any rights to the Software in
whole or in part. We may discontinue some or all of any Software we provide,
and we may terminate your right to use any Software at any time and in such
event may modify it to make it inoperable.
Without limiting the
Disclaimer of Warranties and Limitation of Liability in this terms of use, in
no event shall our or our and/or our Digital Content providers' total liability
to You for all damages arising from your use of the Service, the Digital
Content, or information, materials or products included on or otherwise made
available to You through the Service (excluding the Software), exceed the
amount You paid to purchase, on the Service, the Digital Content related to
Your claim for damages.
Indemnity
You shall indemnify and
hold harmless DD Task Digital, its owner, licensee, affiliates, subsidiaries,
group companies (as applicable) and their respective officers, directors,
agents, and employees, from any claim or demand, or actions including
reasonable attorneys' fees, made by any third party or penalty imposed due to
or arising out of Your breach of this Terms of Use, privacy Policy and other
Policies, or Your violation of any law, rules or regulations or the rights
(including infringement of intellectual property rights) of a third party.
Applicable Law
Terms of Use shall be
governed by and interpreted and construed in accordance with the laws of India.
The place of jurisdiction shall be exclusively in Bangalore.
Jurisdictional
Issues/Sale in India Only
Unless otherwise specified,
the material on the Website is presented solely for the purpose of sale in
India. DD Task Digital make no representation that materials in the Website are
appropriate or available for use in other locations/Countries other than India.
Those who choose to access this site from other locations/Countries other than
India do so on their own initiative and DD Task Digital is not responsible for
supply of products/refund for the products ordered from other
locations/Countries other than India, compliance with local laws, if and to the
extent local laws are applicable.
Trademark, Copyright and
Restriction
This site is controlled
and operated by DD Task Digital and products are sold by respective Sellers.
All material on this site, including images, illustrations, audio clips, and
video clips, are protected by copyrights, trademarks, and other intellectual
property rights. Material on Website is solely for Your personal,
non-commercial use. You must not copy, reproduce, republish, upload, post,
transmit or distribute such material in any way, including by email or other
electronic means and whether directly or indirectly and You must not assist any
other person to do so. Without the prior written consent of the owner,
modification of the materials, use of the materials on any other website or
networked computer environment or use of the materials for any purpose other
than personal, non-commercial use is a violation of the copyrights, trademarks
and other proprietary rights, and is prohibited. Any use for which You receive
any remuneration, whether in money or otherwise, is a commercial use for the
purposes of this clause.
Trademark complaint
DD Task Digital respects
the intellectual property of others. In case You feel that Your Trademark has
been infringed, You can write to DD Task Digital at infringement@DD Task
Digital.com or ss@DD Task Digital.com.
Product Description
DD Task Digital we do not
warrant that Product description or other content of this Website is accurate,
complete, reliable, current, or error-free and assumes no liability in this
regard.
Limitation of Liability
IN NO EVENT SHALL DD TASK
DIGITAL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS
BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Contact Us
Please contact us for
any questions or comments (including all inquiries unrelated to copyright
infringement) regarding this Website.
Grievance officer
In accordance with
Information Technology Act 2000 and rules made there under, the name and
contact details of the Grievance Officer are provided below:
Mr. Ravi Gautam
DD Task
Chittor Raod, Teachers Colony, Bundi, Rajasthan
Email: admin@ddtask.com
Phone: 7665427777
Time: Mon - Sat (9:00 -
18:00)
POLICIES
Profanity Policy
DD Task Digital prohibits
the use of language that is racist, hateful, sexual or obscene in nature in a
public area.
This policy extends to
text within listings, on Seller pages and all other areas of the site that
another User may view. If the profane words are part of a title for the item
being sold, we allow Sellers to 'blur' out the bulk of the offending word with
asterisks (i.e., s*** or f***).
Please report any
violations of this policy to the correct area for review:
·
Report offensive Display Names
·
Report offensive language in a listing or otherwise
If a feedback comment; or
any communication made between Users on the Website; or email communication
between Users in relation to transactions conducted on Website contain
profanity, please review Our feedback removal policy and submit a request for
action/removal.
Disciplinary action may
result in the indefinite suspension of a User's account, temporary suspension,
or a formal warning.
DD Task Digital will
consider the circumstances of an alleged policy violation and the user's
trading records before taking action.
Violations of this policy
may result in a range of actions, including:
1.
Limits placed on account privileges;
2.
Loss of special status;
3.
Account suspension.
DD Task Digital shall
have the right to delete a product review posted by the customer at its sole
discretion, if it is of the opinion that the review contains offensive language
as stated above. Further, if DD Task Digital is of the opinion that the review
unfairly either: (i) causes disadvantage to a product; or (ii) increases the
popularity of the product, DD Task Digital shall have the right to delete the
customer review. DD Task Digital shall also, at its sole discretion have the
right to blacklist the customer from posting any further customer reviews.
Replacement Guarantee*
The Replacement Guarantee
seeks to assist Buyers who have been defrauded by qualified sellers on the
Website. If at the time of delivery and/or within specified days from the date
of delivery of the product/s, if any defect is found, then the buyer of the
product/s can ask for replacement of the product/s from the seller.
If DD Task Digital has
suspicion or knowledge, that any of its buyers and sellers are involved in any
activity that is intended to provide claims or information that is false,
misleading or not genuine, then DD Task Digital may while reserving its rights
to initiate civil and/or criminal proceedings against User may also at its sole
discretion suspend, block, restrict, cancel the Display Name of such buyer and
seller and /or disqualify that User and any related Users from availing
protection through this program.
DD Task Digital reserves
its right to initiate civil and/or criminal proceedings against a User who,
files a invalid and/or false claims or provides false, incomplete, or
misleading information. In addition to the legal proceedings as aforesaid, DD
Task Digital may at its sole discretion suspend, block, restrict, cancel the
Display Name [and its related Display Names] of such User and/or disqualify
that User and any related Users from availing protection through this program.
Any person who, knowingly and with intent to injure, defraud or deceive, files
a Fraudulent Complaint containing false, incomplete, or misleading information
may be guilty of a criminal offence and will be prosecuted to the fullest
extent of the law.
For more details related
to Replacement Policy, refer to s/help/cancellation-returns
Returns Policy
Definition: 'Return' is
defined as the action of giving back the item purchased by the Buyer to the
Seller on the DD Task Digital website. Following situations may arise:
1.
Item was defective
2.
Item was damaged during the Shipping
3.
Products was / were missing
4.
Wrong item was sent by the Seller.
Return could also result
in refund of money in most of the cases.
Points to be noted:
1.
Seller can always accept the return irrespective of the policy.
2.
If Seller disagrees a return request, Buyer can file a dispute
under the Buyer Protection Program*.
We encourage the Buyer to
review the listing before making the purchase decision. In case Buyer orders a
wrong item, Buyer shall not be entitled to any return/refund.
Buyer needs to raise the
return request within the return period applicable to the respective
product.Once Buyer has raised a return request by contacting Us on Our Toll
Free Number, Seller while closing the return ticket can select one of the
following:
1.
Replace after shipment collection - Seller has agreed to wait
for the logistics team to collect the shipment from the buyer before replacing
it)
2.
Refund after shipment collection - Seller has agreed to wait for
the logistics team to collect the shipment from the buyer before refunding)
3.
Refund without shipment collection - Seller has agreed to refund
the buyer without expecting the original shipment back)
4.
Replace without shipment collection - Seller has agreed to
replace the order without expecting the original shipment back)
5.
On certain select days as specified by DD Task Digital (such as
'The Big Billion Day') separate policies may be applicable.
In the event the Seller
accepts the return request raised by the Buyer, Buyer will have to return the
product and then the refund shall be credited to the Buyers account.
In case the Seller
doesn't close the ticket in 3 days from the date of intimation to the Seller
about the refund request, the refund request shall be settled in favor of the
Buyer.
Further for returns being
made by Buyer to the Seller of the product, the following parameters needs to
be ensured by the Buyer:
|
Category |
Condition |
|
Electronics |
Should
be included |
|
Clothing
and Footwear |
Should
be "New & Unworn" (other than for trial) |
|
Beauty,
Health & Personal Care |
Should
be "New & Unopened" |
|
Sports
& Equipment |
Should
be "New" and returned with original packaging |
|
Office
Products |
Should
be "New" and returned with original packaging |
|
Jewellery |
Should
be "New" and returned with original packaging |
If the product being
returned is not in accordance with the above parameters, then Buyer shall not
be entitled to any refund of money from the Seller.
Shipping cost for
returning the product shall be borne and incurred by the Seller.
Replacement
Definition: Replacement
is the action or process of replacing something in place of another. A Buyer
can request for replacement whenever he is not happy with the item, reason
being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped
and the like.
Points to be noted:
1.
Seller can always accept the return irrespective of the policy.
2.
If Seller disagrees for a return request, Buyer can file a
dispute under Buyer Protection Program*.
Buyer needs to raise the
replacement request within the return period applicable to the respective
product. Once Buyer has raised a replacement request by contacting Us on the
Toll Free Number provided on the Website. Once the replacement request has been
raised, the following steps shall be followed:
1. Buyer is asked for
"Reason for Return". Among others, the following are the leading
reasons:
2. Shipping was damaged
3.
Item was defective
4.
Item Dead on Arrival
5.
Item(s) were missing
6. Wrong item sent
7. An intimation shall be
provided to Seller seeking either "approval" or "rejection"
of the replacement request.
8. In case the Seller
accepts the replacement request, Buyer shall be required to return the product
to the Seller and only after return of the product, Seller shall be obliged to
provide the replacement product to the Buyer.
9. Incase Seller rejects the
replacement request, Buyer can choose to raise a dispute by writing to
resolution@DD Task Digital.com.
In case the Seller
doesn't have the product at all, Seller can provide the refund to the Buyer and
Buyer shall be obligated to accept the refund in lieu of replacement. All the
product parameters shall be required to be complied with in cases of
replacement.
If the Seller doesn't
respond to the Buyer's replacement request, within three (3) days from the date
of replacement request placed by the Buyer, refund shall be processed in favour
of Buyer and Seller shall be liable to refund amount paid to the Seller.
All shipping and other
replacement charges shall be borne and incurred by the Seller.
Disputes (Resolutions) Policy
Overview
Generally, transactions
are conducted smoothly on DD Task Digital. However there may be some cases
where both the Buyers and Sellers may face issues. At DD Task Digital, we have
a Dispute Resolution process in order to resolve disputes between Buyers and
Sellers.
What is a 'dispute'?
A 'Dispute' can be
defined as a disagreement between a Buyer and a Seller in connection with a
transaction on the Website.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a
result of a disagreement between the Buyer and the Seller. Disputes arise out
of an issue that is raised by either party not being completely satisfied with
the resolution of their complaint/issue.
It is important that
before a Buyer/Seller raises a dispute, they should attempt to solve the issue.
Please note that whenever a Buyer raises a dispute, the Seller's payment for
that order is put on hold immediately until the issue is resolved.
How is a 'dispute' created?
Whenever there is a
disagreement, the Buyer can write to dispute@DD Task Digital.com, while the
Seller can write to ss@DD Task Digital.com, in order to raise a dispute. Disputes
can be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the
indicative examples of potential disputes:
1. Wrong item received
2. Item Not as described
3. Damaged or Seal broken on
Product
4.
Part/Accessory missing
5.
Item not Compatible
6.
Seller Description/Specification Wrong
7.
Defective (Functional issues)
8.
Product not working and Manufacturer claims invalid Invoice
In case the Seller
rejects the return request of the Buyer, and Buyer raises a dispute, then DD
Task Digital will try to mediate and resolve the dispute between both the
parties. If the dispute is resolved in favour of the Buyer, a refund is
provided once the product is returned to the Seller. If the dispute is settled
in favour of the Seller, Buyer is entitled to any refund.
Buyer Protection Program
In case of a dispute
where the Seller is unable to provide a refund or a replacement, DD Task
Digital will actively work towards reaching a resolution.
The Buyer Protection
Program covers Buyers who are unable to successfully resolve their dispute with
the Seller or are not satisfied the resolution provided by the Seller.
The Buyer can write to resolution@DD Task Digital.com if
the issue with the Seller is not resolved. DD Task Digital's Customer Support
team will look into the case to check for possible fraud and if the Buyer has
been blacklisted/blocked from making purchases on the Website. Only after
verifying these facts, a dispute can be registered.
In due course of
resolution, DD Task Digital's Customer Support Team will facilitate a
conference call including the Seller and the Buyer.
When a dispute has been
raised, DD Task Digital may provide both the parties access to each others
Display Names, contact details including email addresses and other details
pertaining to the dispute. Buyers and Sellers are subject to final consent from
DD Task Digital for settling the dispute.
Buyer Eligibility and Restrictions
Only the Buyers who have
purchased the product on DD Task Digital are eligible for the Buyer Protection
Program.
Buyers can file a dispute
within 45 days from the date of delivery of the product
Any damage or loss to the
product after delivery will not be covered under this program and will
completely be the Buyer's responsibility. Buyers should refuse to accept
delivery if the item is damaged.
To be able to take advantage of the Buyer Protection Program,
Buyers should first contact the Seller and attempt to resolve the issue. If the
Buyer doesn't hear from the Seller or is unable to resolve the issue with the
Seller even after contact, a dispute can be raised with DD Task Digital by
writing an email to resolution@DD Task Digital.com
Fraudulent charges and
claims are not covered under Buyer Protection Program
If the Buyer has already
initiated chargeback through the credit card issuingbank, it will not be
covered under Buyer Protection Program, though in such cases a Seller can file
a claim through the Seller Protection Program.
Blacklisted and Blocked
Buyers are not covered by the Buyer Protection Program.
Buyers who have reached
their maximum lifetime limit for claims are also not eligible. Buyers can make
a maximum of 5 claims per year on DD Task Digital. If the claim was withdrawn,
it is not counted. The coverage amount will be limited to ₹50,000
Through the Buyer
Protection program, DD Task Digital does not provide any guarantee/warranty to
Buyers for products sold on DD Task Digital against technical/manufacturing
defects.
Raising disputes against
Sellers does not automatically entitle the Buyer to a refund or replacement for
the product purchased. DD Task Digital shall verify the disputes so raised and
may process only such claims that are valid and genuine.
DD Task Digital shall at
no point be responsible for any direct or indirect losses, expenses, costs of
any nature whatsoever that may be incurred by any Buyer/Seller.
Claims of the nature of
'Buyer remorse' (i.e. instances where products are bought by the Buyer by
mistake or where the Buyer chooses to change his/her mind with regard to the
product purchased by him) will not be entertained through this program.
DD Task Digital reserves
its right to initiate civil and/or criminal proceedings against a User who,
files an invalid and/or false claims or provides false, incomplete, or
misleading information. In addition to the legal proceedings as aforesaid, DD
Task Digital may at its sole discretion suspend, block, restrict, cancel the
Display Name [and its related Display Names] of such User and/or disqualify
that user and any related users from availing protection through this program.
Decisions made by DD Task
Digital under the Buyer Protection Program shall be final and binding on its
Users.
DD Task Digital reserves
the right to modify / discontinue Buyer Protection Program without any prior
notice period to its Users.
Through this program, DD
Task Digital shall not entertain claims of Buyers who have incurred loss due to
delayed shipment or delivery of the item by the Seller.
DD Task Digital Customer
Support Team may seek additional information / clarification from Buyer to
facilitate resolution of the dispute. In the event Buyer does not respond with
information / clarification sought within 10 days of such request, the dispute
shall be auto-closed in favour of the Seller.
Disputes via Chargeback
Whenever a chargeback
(CB) comes from a payment gateway/bank, following situations may arise:
1. Item not received CB -
Buyer hasn't received the item. Refund will be created in accordance with the
dispute policies
2. Unauthorized CB - Buyer
hasn't made this particular transaction. Refund will be created in accordance
with the dispute policies.
Seller expressly agrees
that issuing the correct and complete invoice is the sole and primary
responsibility of the Seller. Furthermore, Seller shall ensure that invoices
state "Powered by DD Task Digital" and failing to do so Seller will
be liable for chargebacks (as applicable).
1.
Item not as described - meaning item is not what Buyer expected.
Dispute will be decided in accordance with the dispute policies.
Email Abuse & Threat Policy
Private communication,
including email correspondence, is not regulated by DD Task Digital. DD Task Digital
encourages its Users to be professional, courteous and respectful when
communicating by email.
However, DD Task Digital
will investigate and can take action on certain types of unwanted emails that
violate DD Task Digital policies.
Such instances:
Threats of Bodily Harm - DD
Task Digital does not permit Users to send explicit threats of bodily harm.
Misuse of DD Task Digital
System - DD Task Digital allows Users to facilitate transactions through the DD
Task Digital system, but will investigate any misuse of this service.
Spoof (Fake) email - DD
Task Digital will never ask you to provide sensitive information through email.
In case you receive any spoof (fake) email, you are requested to report the
same to Us through 'Contact Us' tab.
Spam (Unsolicited
Commercial email) - DD Task Digital's spam policy applies only to unsolicited
commercial messages sent by DD Task Digital Users. DD Task Digital Users are
not allowed to send spam messages to other Users.
Offers to Buy or Sell
Outside of DD Task Digital - DD Task Digital prohibits email offers to buy or
sell listed products outside of the DD Task Digital Website. Offers of this
nature are a potential fraud risk for both Buyers and Sellers.
DD Task Digital policy
prohibits user-to-user threats of physical harm via any method including,
phone, email and on Our public message boards.
Violations of this policy
may result in a range of actions, including:
·
Limits on account privileges
·
Account suspension
·
Cancellation of listings
·
Loss of special status
Other Businesses
DD Task Digital does not
take responsibility or liability for the actions, products, content and
services on the Website, which are linked to Affiliates and / or third party
websites using Website's APIs or otherwise. In addition, the Website may
provide links to the third party websites of Our affiliated companies and
certain other businesses for which, DD Task Digital assumes no responsibility
for examining or evaluating the products and services offered by them. DD Task
Digital do not warrant the offerings of, any of these businesses or individuals
or the content of such third party website(s). DD Task Digital does not
endorse, in any way, any third party website(s) or content thereof.
DD Task Digital Infringement Verification (FIV) - Reporting
Listing Violations
DD Task Digital has put
in place DD Task Digital Infringement Verification process so that intellectual
property owners could easily report listings that infringe their rights. It is
in DD Task Digital's interest to ensure that infringing products are removed
from the site, as they erode Buyer and good Seller trust.
·
If you are a Verified Rights Owner and want to report a listing
issue, see DD Task Digital's FIV. Note: Only the intellectual property rights
owner can report potentially infringing products or listings through FIV. If
you are not the intellectual property rights owner, you can still help by
getting in touch with the rights owner and encouraging them to contact us.
·
If your listing was removed through FIV, and you believe that
your listing was removed in error, please contact us.
DD Task Digital does not
and cannot verify that Sellers have the right or ability to sell or distribute
their listed products. However, DD Task Digital is committed to removing
infringing or unlicensed products once an authorized representative of the
rights owner properly reports them to DD Task Digital.
FIV works to ensure that item listings do not infringe upon
the copyright, trademark or other intellectual property rights of third
parties. FIV participants have the ability to identify and request removal of
allegedly infringing products and materials.
Any person or company who
holds intellectual property rights (such as a copyright, trademark or patent)
which may be infringed upon by products listed on DD Task Digital is encouraged
to become a FIV member.
Program membership
entitles you (Verified Rights Owner) to the following benefits:
·
Rapid response by DD Task Digital in ending listings reported by
you (as the Verified Rights Owner) as allegedly infringing
·
Dedicated priority email queues for reporting alleged
infringements
·
The ability to obtain identifying information about DD Task
Digital's users'
How to Become a FIV Member
To join the FIV, we
require only that you fully complete and email Us a Notice of Infringement form
specifying the allegedly infringing listings and the infringed work, complete
with an original authorized signature. The information requested by the Notice
of Infringement is designed to ensure that parties reporting products are
authorized by the rights owners, and to enable DD Task Digital to easily
identify the material or listing to be ended.
In the interest of
keeping the process easy and simple, after we receive your first Notice of
Infringement in hard copy, future notices can be sent to Us by email at ss@DD
Task Digital.com.
Note: In your notice of
infringement, you shall be required to identify the individual listing which is
infringing your intellectual property. General notices shall not be accepted.
We are happy to receive
such information, but must advise that we may be limited in Our ability to
respond to your request absent formal notice from an authorized rights owner.
Notice of Infringement
DD Task
_______________________
_______________________
I, [name]
____________________________ of [address] _________________________ do solemnly
and sincerely declare as follows:
1. I am the owner of certain
intellectual property rights, said owner being named __________________
("IP Owner").
2. I have a good faith
belief that the item listings or materials identified in the annexure attached
hereto are not authorised by the above IP Owner, its agent, or the law and
therefore infringe the IP Owner's rights. Please expeditiously remove or
disable access to the material or products claimed to be infringing.
3. I may be contacted at:
Name
___________________________________________________________
Title & Company
________________________________________________________
Address
_________________________________________________________
Email (correspondence)
___________________________________________________
Telephone/Fax
_____________________________________________________________
Date _________________________________________________________________
and I make this
declaration conscientiously believing it to be true and correct.
Declared by
______________________________
on [date]
___________________________________ in [place]________
Truthfully,
Signature
Addendum to Notice of Infringement:
List of Allegedly
Infringing Listings, Products, or Materials
A Note on Reason Codes:
When identifying item numbers please use the reasons below. When removing
products from the site, DD Task Digital will inform Sellers of the specific
reason for the removal of their products.
Select the most
appropriate reason. Please associate each item you report with only one reason
code.
Trademark-infringement
1. Trademark owner doesn't
make this type of product or has discontinued the production of the product
2. Item(s) is an unlawful
replica of a product made by the trademark owner or is counterfeit
Trademark-listing description infringement
1. Listing(s) has unlawful
comparison to trademark owner's brand or product
2. Listing(s) contains
unlawful use of trademark owner's logo
Copyright-item infringement
1. Software is being offered
without any license or in violation of a license
2. Item(s) is a bootleg
recording;
3. Item(s) is an unlawful
copy (software, games, movies, etc.);
4. Item(s) is unlawful
duplication of printed material
5. Item(s) is an unlawful
copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
1. Listing(s) comprises
unauthorized copy of copyrighted text
2. Listing(s) comprises
unauthorized copy of copyrighted image
3. Listing(s) comprises
unauthorized copy of copyrighted image and text
Reason Code:
_____________________________________________________________
Work(s)
infringed:
_________________________________________________________
Item Number(s): ___________________________________________________________
Note:
1. Please provide the
ownership of Trademark (Trademark Registration Certificate should be in the
name of applicant)
2. Please provide the
evidence as to the ownership of copyright.
All such Notices of Infringement
shall be sent to infringement@DD Task Digital.com; or ss@DD Task Digital.com.
Contacting the Seller
At DD Task Digital we are committed towards ensuring that
disputes between sellers and buyers are settled amicably by way of the above
dispute resolution mechanisms and procedures. However, in the event that a
buyer wishes to contact the seller, he/ she may proceed to do so by accessing
the seller related information made available by the sellers on their product
listing pages. Alternatively, the buyers may also reach out to customer support
at 1800 208 9898 or access help center at http://www.DD Task Digital.com/helpcentre.
For Buyers from Maharashtra
DD Task Digital Terms of Use
This document is an electronic record in terms of Information
Technology Act, 2000 and rules there under as applicable and the amended
provisions pertaining to electronic records in various statutes as amended by
the Information Technology Act, 2000. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of
Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules,
2011 that require publishing the rules and regulations, privacy policy and
Terms of Use for access or usage of www.DD Task Digital.com website.
The domain name www.DD
Task Digital.com (hereinafter referred to as "Website") is owned by DD
Task Digital Internet Private Limited a company incorporated under the
Companies Act, 1956 with its registered office at Vaishnavi Summit, Ground
Floor, 7th Main, 80 feet Road, 3rd Block, Koramangala Industrial Layout, Next
to Wipro office, Corporation Ward No. 68, Koramangala, Bangalore - 560 034,
Karnataka, India (hereinafter referred to as "DD Task Digital").
Your use of the Website and services and tools are governed by
the following terms and conditions ( "Terms of Use" ) as
applicable to the Website including the applicable policies which are
incorporated herein by way of reference. If You transact on the Website, You
shall be subject to the policies that are applicable to the Website for such
transaction. By mere use of the Website, You shall be contracting with DD Task
Digital Internet Private Limited and these terms and conditions including the
policies constitute Your binding obligations, with DD Task Digital.
For the purpose of these Terms of Use, wherever the context so
requires "You" or "User" shall mean any
natural or legal person who has agreed to become a buyer on the Website by
providing Registration Data while registering on the Website as Registered User
using the computer systems. DD Task Digital allows the User to surf the Website
or making purchases without registering on the Website. The
term "We" , "Us" , "Our" shall
mean DD Task Digital Internet Private Limited.
When You use any of the
services provided by Us through the Website, including but not limited to,
(e.g. Product Reviews, Seller Reviews), You will be subject to the rules,
guidelines, policies, terms, and conditions applicable to such service, and
they shall be deemed to be incorporated into this Terms of Use and shall be
considered as part and parcel of this Terms of Use. We reserve the right, at
Our sole discretion, to change, modify, add or remove portions of these Terms
of Use, at any time without any prior written notice to You. It is Your
responsibility to review these Terms of Use periodically for updates / changes.
Your continued use of the Website following the posting of changes will mean
that You accept and agree to the revisions. As long as You comply with these
Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR
AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE
READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or
expressly accepting these Terms of Use, You also accept and agree to be bound
by DD Task Digital Policies ((including but not limited to Privacy Policy
available at Privacy) as amended from time to time.
Membership Eligibility
Use of the Website is
available only to persons who can form legally binding contracts under Indian
Contract Act, 1872. Persons who are "incompetent to contract" within
the meaning of the Indian Contract Act, 1872 including minors, un-discharged
insolvents etc. are not eligible to use the Website. If you are a minor i.e.
under the age of 18 years, you shall not register as a User of the DD Task
Digital website and shall not transact on or use the website. As a minor if you
wish to use or transact on website, such use or transaction may be made by your
legal guardian or parents on the Website. DD Task Digital reserves the right to
terminate your membership and / or refuse to provide you with access to the
Website if it is brought to DD Task Digital's notice or if it is discovered
that you are under the age of 18 years.
Your Account and
Registration Obligations
If You use the Website,
You shall be responsible for maintaining the confidentiality of your Display
Name and Password and You shall be responsible for all activities that occur
under your Display Name and Password. You agree that if You provide any
information that is untrue, inaccurate, not current or incomplete or We have
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, or not in accordance with the this Terms of Use, We
shall have the right to indefinitely suspend or terminate or block access of
your membership on the Website and refuse to provide You with access to the Website.
Communications
When You use the Website
or send emails or other data, information or communication to us, You agree and
understand that You are communicating with Us through electronic records and
You consent to receive communications via electronic records from Us
periodically and as and when required. We may communicate with you by email or
by such other mode of communication, electronic or otherwise.
Platform for Transaction
and Communication
The Website is a platform
that Users utilize to meet and interact with one another for their
transactions. DD Task Digital is not and cannot be a party to or control in any
manner any transaction between the Website's Users.
Henceforward:
1. All
commercial/contractual terms are offered by and agreed to between Buyers and
Sellers alone. The commercial/contractual terms include without limitation
price, shipping costs, payment methods, payment terms, date, period and mode of
delivery, warranties related to products and services and after sales services
related to products and services. DD Task Digital does not have any control or
does not determine or advise or in any way involve itself in the offering or
acceptance of such commercial/contractual terms between the Buyers and Sellers.
All discounts, offers (including exchange offers) are by the Seller/Brand and
not by DD Task Digital
2. DD Task Digital does not
make any representation or Warranty as to specifics (such as quality, value,
salability, etc) of the products or services proposed to be sold or offered to
be sold or purchased on the Website. DD Task Digital does not implicitly or
explicitly support or endorse the sale or purchase of any products or services
on the Website. DD Task Digital accepts no liability for any errors or
omissions, whether on behalf of itself or third parties.
3. DD Task Digital is not
responsible for any non-performance or breach of any contract entered into
between Buyers and Sellers. DD Task Digital cannot and does not guarantee that
the concerned Buyers and/or Sellers will perform any transaction concluded on
the Website. DD Task Digital shall not and is not required to mediate or
resolve any dispute or disagreement between Buyers and Sellers.
4. DD Task Digital does not
make any representation or warranty as to the item-specifics (such as legal
title, creditworthiness, identity, etc) of any of its Users. You are advised to
independently verify the bona fides of any particular User that You choose to
deal with on the Website and use Your best judgment in that behalf.
5. DD Task Digital does not
at any point of time during any transaction between Buyer and Seller on the
Website come into or take possession of any of the products or services offered
by Seller nor does it at any point gain title to or have any rights or claims
over the products or services offered by Seller to Buyer.
6. All items purchased from
the sellers through DD Task Digital.com would be delivered by the sellers
(delivery shall be further facilitated by FK Internet) to the carrier on behalf
of such buyers. Instakart will act as the carrier for the buyers. Therefore,
the risk of loss and title for such items pass on to the buyers upon the
delivery to Instakart (ie, the carrier) by the seller and in event there is any
damage or loss caused to the goods during shipment, then a claim may be made to
Instakart as the carrier for any sort of compensation
For arranging the transportation
for the buyer, the seller has the liberty to charge the buyers a delivery fee.;
7. At no time shall DD Task
Digital hold any right, title or interest over the products nor shall DD Task
Digital have any obligations or liabilities in respect of such contract entered
into between Buyers and Sellers. DD Task Digital is not responsible for
unsatisfactory or delayed performance of services or damages or delays as a
result of products which are out of stock, unavailable or back ordered.
8. The Website is only a
platform that can be utilized by Users to reach a larger base to buy and sell
products or services. DD Task Digital is only providing a platform for
communication and it is agreed that the contract for sale of any of the
products or services shall be a strictly bipartite contract between the Seller
and the Buyer.
At no time shall DD Task
Digital hold any any right, title or interest over the products nor shall DD
Task Digital have any obligations or liabilities in respect of such contract.
DD Task Digital is not
responsible for unsatisfactory or delayed performance of services or damages or
delays as a result of products which are out of stock, unavailable or back
ordered.
1.
You shall independently agree upon the manner and terms and
conditions of delivery, payment, insurance etc. with the seller(s) that You
transact with.
Disclaimer: Pricing on any product(s) as is reflected on
the Website may due to some technical issue, typographical error or product
information published by seller may be incorrectly reflected and in such an
event seller may cancel such your order(s).
1.
You release and indemnify DD Task Digital and/or any of its
officers and representatives from any cost, damage, liability or other
consequence of any of the actions of the Users of the Website and specifically
waive any claims that you may have in this behalf under any applicable law.
Notwithstanding its reasonable efforts in that behalf, DD Task Digital cannot
take responsibility or control the information provided by other Users which is
made available on the Website. You may find other User's information to be
offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution
and practice safe trading when using the Website.
Please note that there
could be risks in dealing with underage persons or people acting under false
pretence.
Charges
Membership on the Website
is free for buyers. DD Task Digital does not charge any fee for browsing and
buying on the Website. DD Task Digital reserves the right to change its Fee
Policy from time to time. In particular, DD Task Digital may at its sole
discretion introduce new services and modify some or all of the existing
services offered on the Website. In such an event DD Task Digital reserves the
right to introduce fees for the new services offered or amend/introduce fees
for existing services, as the case may be. Changes to the Fee Policy shall be
posted on the Website and such changes shall automatically become effective
immediately after they are posted on the Website. Unless otherwise stated, all
fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance
of all applicable laws including those in India for making payments to DD Task
Digital Internet Private Limited.
Use of the Website
You agree, undertake and
confirm that Your use of Website shall be strictly governed by the following
binding principles:
1.
You shall not host, display, upload, modify, publish, transmit,
update or share any information which:
(a) belongs to another
person and to which You does not have any right to;
(b) is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
libellous, invasive of another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatever; or unlawfully
threatening or unlawfully harassing including but not limited to "indecent
representation of women" within the meaning of the Indecent Representation
of Women (Prohibition) Act, 1986;
(c) is misleading in any
way;
(d) is patently offensive
to the online community, such as sexually explicit content, or content that
promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of
any kind against any group or individual;
(e) harasses or advocates
harassment of another person;
(f) involves the
transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming";
(g) promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libellous;
(h) infringes upon or
violates any third party's rights [including, but not limited to, intellectual
property rights, rights of privacy (including without limitation unauthorized
disclosure of a person's name, email address, physical address or phone number)
or rights of publicity];
(i) promotes an illegal
or unauthorized copy of another person's copyrighted work (see "Copyright
complaint" below for instructions on how to lodge a complaint about
uploaded copyrighted material), such as providing pirated computer programs or
links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated music
files;
(j) contains restricted
or password-only access pages, or hidden pages or images (those not linked to
or from another accessible page);
(k) provides material
that exploits people in a sexual, violent or otherwise inappropriate manner or
solicits personal information from anyone;
(l) provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
(m) contains video,
photographs, or images of another person (with a minor or an adult).
(n) tries to gain
unauthorized access or exceeds the scope of authorized access to the Website or
to profiles, blogs, communities, account information, bulletins, friend
request, or other areas of the Website or solicits passwords or personal
identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial
activities and/or sales without Our prior written consent such as contests,
sweepstakes, barter, advertising and pyramid schemes, or the buying or selling
of "virtual" products related to the Website. Throughout this Terms
of Use, DD Task Digital's prior written consent means a communication coming
from DD Task Digital's Legal Department, specifically in response to Your
request, and specifically addressing the activity or conduct for which You seek
authorization;
(p) solicits gambling or
engages in any gambling activity which We, in Our sole discretion, believes is
or could be construed as being illegal;
(q) interferes with
another USER's use and enjoyment of the Website or any other individual's User
and enjoyment of similar services;
(r) refers to any website
or URL that, in Our sole discretion, contains material that is inappropriate
for the Website or any other website, contains content that would be prohibited
or violates the letter or spirit of these Terms of Use.
(s) harm minors in any
way;
(t) infringes any patent,
trademark, copyright or other proprietary rights or third party's trade secrets
or rights of publicity or privacy or shall not be fraudulent or involve the
sale of counterfeit or stolen products;
(u) violates any law for
the time being in force;
(v) deceives or misleads
the addressee/ users about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;
(w) impersonate another
person;
(x) contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource; or contains any
trojan horses, worms, time bombs, cancelbots, easter eggs or other computer
programming routines that may damage, detrimentally interfere with, diminish
value of, surreptitiously intercept or expropriate any system, data or personal
information;
(y) threatens the unity,
integrity, defence, security or sovereignty of India, friendly relations with
foreign states, or public order or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is insulting any
other nation.
(z) shall not be false,
inaccurate or misleading;
(aa) shall not, directly
or indirectly, offer, attempt to offer, trade or attempt to trade in any item,
the dealing of which is prohibited or restricted in any manner under the
provisions of any applicable law, rule, regulation or guideline for the time
being in force.
(ab) shall not create
liability for Us or cause Us to lose (in whole or in part) the services of Our
internet service provider ("ISPs") or other suppliers;
1. You shall not use any
"deep-link", "page-scrape", "robot",
"spider" or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the Website or any Content, or in any way
reproduce or circumvent the navigational structure or presentation of the
Website or any Content, to obtain or attempt to obtain any materials, documents
or information through any means not purposely made available through the
Website. We reserve Our right to bar any such activity.
2. You shall not attempt to
gain unauthorized access to any portion or feature of the Website, or any other
systems or networks connected to the Website or to any server, computer, network,
or to any of the services offered on or through the Website, by hacking,
password "mining" or any other illegitimate means.
3. You shall not probe, scan
or test the vulnerability of the Website or any network connected to the
Website nor breach the security or authentication measures on the Website or
any network connected to the Website. You may not reverse look-up, trace or
seek to trace any information on any other User of or visitor to Website, or
any other customer, including any account on the Website not owned by You, to
its source, or exploit the Website or any service or information made available
or offered by or through the Website, in any way where the purpose is to reveal
any information, including but not limited to personal identification or
information, other than Your own information, as provided for by the Website.
4. You shall not make any
negative, denigrating or defamatory statement(s) or comment(s) about Us or the
brand name or domain name used by Us including the terms DD Task Digital,
Flyte, Digiflip, Flipcart, DD Task Digital.com, or otherwise engage in any
conduct or action that might tarnish the image or reputation, of DD Task
Digital or sellers on platform or otherwise tarnish or dilute any DD Task
Digital's trade or service marks, trade name and/or goodwill associated with
such trade or service marks, trade name as may be owned or used by us. You
agree that You will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Website or DD Task
Digital's systems or networks, or any systems or networks connected to DD Task
Digital.
5. You agree not to use any
device, software or routine to interfere or attempt to interfere with the
proper working of the Website or any transaction being conducted on the
Website, or with any other person's use of the Website.
6. You may not forge headers
or otherwise manipulate identifiers in order to disguise the origin of any
message or transmittal You send to Us on or through the Website or any service
offered on or through the Website. You may not pretend that You are, or that
You represent, someone else, or impersonate any other individual or entity.
7. You may not use the
Website or any content for any purpose that is unlawful or prohibited by these
Terms of Use, or to solicit the performance of any illegal activity or other
activity which infringes the rights of DD Task Digital and / or others.
8. You shall at all times
ensure full compliance with the applicable provisions of the Information
Technology Act, 2000 and rules thereunder as applicable and as amended from
time to time and also all applicable Domestic laws, rules and regulations
(including the provisions of any applicable Exchange Control Laws or
Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes,
Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income
Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding
Your use of Our service and Your listing, purchase, solicitation of offers to
purchase, and sale of products or services. You shall not engage in any
transaction in an item or service, which is prohibited by the provisions of any
applicable law including exchange control laws or regulations for the time
being in force.
9. Solely to enable Us to
use the information You supply Us with, so that we are not violating any rights
You might have in Your Information, You agree to grant Us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through
multiple tiers) right to exercise the copyright, publicity, database rights or
any other rights You have in Your Information, in any media now known or not
currently known, with respect to Your Information. We will only use Your
information in accordance with the Terms of Use and Privacy Policy applicable
to use of the Website.
10. From time to time, You
shall be responsible for providing information relating to the products or
services proposed to be sold by You. In this connection, You undertake that all
such information shall be accurate in all respects. You shall not exaggerate or
over emphasize the attributes of such products or services so as to mislead
other Users in any manner.
11. You shall not engage in
advertising to, or solicitation of, other Users of the Website to buy or sell
any products or services, including, but not limited to, products or services
related to that being displayed on the Website or related to us. You may not
transmit any chain letters or unsolicited commercial or junk email to other
Users via the Website. It shall be a violation of these Terms of Use to use any
information obtained from the Website in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell to
another person other than Us without Our prior explicit consent. In order to
protect Our Users from such advertising or solicitation, We reserve the right
to restrict the number of messages or emails which a user may send to other
Users in any 24-hour period which We deems appropriate in its sole discretion.
You understand that We have the right at all times to disclose any information
(including the identity of the persons providing information or materials on
the Website) as necessary to satisfy any law, regulation or valid governmental
request. This may include, without limitation, disclosure of the information in
connection with investigation of alleged illegal activity or solicitation of
illegal activity or in response to a lawful court order or subpoena. In
addition, We can (and You hereby expressly authorize Us to) disclose any
information about You to law enforcement or other government officials, as we,
in Our sole discretion, believe necessary or appropriate in connection with the
investigation and/or resolution of possible crimes, especially those that may
involve personal injury.
We reserve the right, but
has no obligation, to monitor the materials posted on the Website. DD Task
Digital shall have the right to remove or edit any content that in its sole
discretion violates, or is alleged to violate, any applicable law or either the
spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN
SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND
IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not
necessarily reflect DD Task Digital views. In no event shall DD Task Digital
assume or have any responsibility or liability for any Content posted or for
any claims, damages or losses resulting from use of Content and/or appearance
of Content on the Website. You hereby represent and warrant that You have all
necessary rights in and to all Content which You provide and all information it
contains and that such Content shall not infringe any proprietary or other
rights of third parties or contain any libellous, tortious, or otherwise
unlawful information.
1. Your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the Website, including payment and delivery of related products or
services, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between You and such advertiser. We shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers on
the Website.
2. It is possible that other
users (including unauthorized users or "hackers") may post or
transmit offensive or obscene materials on the Website and that You may be
involuntarily exposed to such offensive and obscene materials. It also is
possible for others to obtain personal information about You due to your use of
the Website, and that the recipient may use such information to harass or
injure You. We does not approve of such unauthorized uses, but by using the
Website You acknowledge and agree that We are not responsible for the use of
any personal information that You publicly disclose or share with others on the
Website. Please carefully select the type of information that You publicly
disclose or share with others on the Website.
3. DD Task Digital shall
have all the rights to take necessary action and claim damages that may occur
due to your involvement/participation in any way on your own or through group/s
of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of
Services).
Contents Posted on Site
All text, graphics, user
interfaces, visual interfaces, photographs, trademarks, logos, sounds, music
and artwork (collectively, "Content"), is a third party user
generated content and DD Task Digital has no control over such third party user
generated content as DD Task Digital is merely an intermediary for the purposes
of this Terms of Use.
Except as expressly
provided in these Terms of Use, no part of the Website and no Content may be
copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including
"mirroring") to any other computer, server, Website or other medium
for publication or distribution or for any commercial enterprise, without DD
Task Digital's express prior written consent.
You may use information
on the products and services purposely made available on the Website for
downloading, provided that You (1) do not remove any proprietary notice
language in all copies of such documents, (2) use such information only for
your personal, non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it in any media, (3)
make no modifications to any such information, and (4) do not make any
additional representations or warranties relating to such documents.
You shall be responsible
for any notes, messages, emails, billboard postings, photos, drawings,
profiles, opinions, ideas, images, videos, audio files or other materials or
information posted or transmitted to the Website (collectively,
"Content"). Such Content will become Our property and You grant Us
the worldwide, perpetual and transferable rights in such Content. We shall be
entitled to, consistent with Our Privacy Policy as adopted in accordance with
applicable law, use the Content or any of its elements for any type of use
forever, including but not limited to promotional and advertising purposes and
in any media whether now known or hereafter devised, including the creation of
derivative works that may include the Content You provide. You agree that any
Content You post may be used by us, consistent with Our Privacy Policy and
Rules of Conduct on Site as mentioned herein, and You are not entitled to any
payment or other compensation for such use.
Privacy
We view protection of
Your privacy as a very important principle. We understand clearly that You and
Your Personal Information is one of Our most important assets. We store and
process Your Information including any sensitive financial information
collected (as defined under the Information Technology Act, 2000), if any, on
computers that may be protected by physical as well as reasonable technological
security measures and procedures in accordance with Information Technology Act
2000 and Rules there under. Our current Privacy Policy is available at Privacy.
If You object to Your Information being transferred or used in this way please
do not use Website.
We may share personal
information with our other corporate entities and affiliates. These entities
and affiliatesmay market to you as a result of such sharing unless you
explicitly opt-out.
We may disclose personal
information to third parties. This disclosure may be required for us to provide
youaccess to our Services, to comply with our legal obligations, to enforce our
User Agreement, to facilitate our marketing and advertising activities, or to
prevent, detect, mitigate, and investigate fraudulent or illegal activities
related to our Services. We do not disclose your personal information to third
parties for their marketing and advertising purposes without your explicit
consent.
We may disclose personal
information if required to do so by law or in the good faith belief that such
disclosure is reasonably necessary to respond to subpoenas, court orders, or
other legal process. We may disclose personal information to law enforcement
offices, third party rights owners, or others in the good faith belief that
such disclosure is reasonably necessary to: enforce our Terms or Privacy
Policy; respond to claims that an advertisement, posting or other content
violates the rights of a third party; or protect the rights, property or
personal safety of our users or the general public.
We and our affiliates
will share / sell some or all of your personal information with another
business entity should we (or our assets) plan to merge with, or be acquired by
that business entity, or re-organization, amalgamation, restructuring of
business. Should such a transaction occur that other business entity (or the
new combined entity) will be required to follow this privacy policy with
respect to your personal information.
Disclaimer of Warranties
and Liability
This Website, all the
materials and products (including but not limited to software) and services,
included on or otherwise made available to You through this site are provided
on "as is" and "as available" basis without any
representation or warranties, express or implied except otherwise specified in
writing. Without prejudice to the forgoing paragraph, DD Task Digital does not
warrant that:
This Website will be
constantly available, or available at all; or
The information on this
Website is complete, true, accurate or non-misleading.
DD Task Digital will not
be liable to You in any way or in relation to the Contents of, or use of, or
otherwise in connection with, the Website. DD Task Digital does not warrant
that this site; information, Content, materials, product (including software)
or services included on or otherwise made available to You through the Website;
their servers; or electronic communication sent from Us are free of viruses or
other harmful components.
Nothing on Website
constitutes, or is meant to constitute, advice of any kind. All the Products
sold on Website are governed by different state laws and if Seller is unable to
deliver such Products due to implications of different state laws, Seller will
return or will give credit for the amount (if any) received in advance by
Seller from the sale of such Product that could not be delivered to You.
You will be required to
enter a valid phone number while placing an order on the Website. By
registering Your phone number with us, You consent to be contacted by Us via
phone calls, SMS notifications, mobile applications and/or any other electronic
mode of communication in case of any order or shipment or delivery related
updates. We will not use your personal information to initiate any promotional
phone calls or SMS.
Selling
As a registered seller,
you are allowed to list item(s) for sale on the Website in accordance with the
Policies which are incorporated by way of reference in this Terms of Use. You
must be legally able to sell the item(s) you list for sale on our Website. You
must ensure that the listed items do not infringe upon the intellectual
property, trade secret or other proprietary rights or rights of publicity or
privacy rights of third parties. Listings may only include text descriptions,
graphics and pictures that describe your item for sale. All listed items must
be listed in an appropriate category on the Website. All listed items must be
kept in stock for successful fulfilment of sales.
The listing description
of the item must not be misleading and must describe actual condition of the
product. If the item description does not match the actual condition of the
item, you agree to refund any amounts that you may have received from the
Buyer. You agree not to list a single product in multiple quantities across
various categories on the Website. DD Task Digital reserves the right to delete
such multiple listings of the same product listed by you in various categories.
Seller shall arrange for
the transport of the goods (which will be facilitated by FK Internet) to the
buyer purchased online and for such delivery services, the seller shall be at
the liberty to charge a delivery fee to the buyer. Seller shall deliver the
goods purchased by the buyers to Instakart, who is the carrier for the buyers
for onwards delivery to the customers.
Services
Payment
While availing any of the
payment method/s available on the Website, we will not be responsible or assume
any liability, whatsoever in respect of any loss or damage arising directly or
indirectly to You due to:
1.
Lack of authorization for any transaction/s, or
2.
Exceeding the preset limit mutually agreed by You and between
"Bank/s", or
3.
Any payment issues arising out of the transaction, or
4.
Decline of transaction for any other reason/s
All payments made against
the purchases/services on Website by you shall be compulsorily in Indian Rupees
acceptable in the Republic of India. Website will not facilitate transaction
with respect to any other form of currency with respect to the purchases made
on Website.
Before shipping /
delivering your order to you, Seller may request you to provide supporting
documents (including but not limited to Govt. issued ID and address proof) to
establish the ownership of the payment instrument used by you for your
purchase. This is done in the interest of providing a safe online shopping
environment to Our Users.
Further:
1. Transactions, Transaction
Price and all commercial terms such as Delivery, Dispatch of products and/or
services are as per principal to principal bipartite contractual obligations
between Buyer and Seller and payment facility is merely used by the Buyer and
Seller to facilitate the completion of the Transaction. Use of the payment
facility shall not render DD Task Digital liable or responsible for the
non-delivery, non-receipt, non-payment, damage, breach of representations and
warranties, non-provision of after sales or warranty services or fraud as
regards the products and /or services listed on DD Task Digital's Website.
2. You have specifically
authorized DD Task Digital or its service providers to collect, process,
facilitate and remit payments and / or the Transaction Price electronically or
through Cash on Delivery to and from other Users in respect of transactions
through Payment Facility. Your relationship with DD Task Digital is on a
principal to principal basis and by accepting these Terms of Use you agree that
DD Task Digital is an independent contractor for all purposes, and does not
have control of or liability for the products or services that are listed on DD
Task Digital's Website that are paid for by using the Payment Facility. DD Task
Digital does not guarantee the identity of any User nor does it ensure that a
Buyer or a Seller will complete a transaction.
3. You understand, accept
and agree that the payment facility provided by DD Task Digital is neither a
banking nor financial service but is merely a facilitator providing an
electronic, automated online electronic payment, receiving payment through Cash
On Delivery, collection and remittance facility for the Transactions on the DD
Task Digital Website using the existing authorized banking infrastructure and
Credit Card payment gateway networks. Further, by providing Payment Facility, DD
Task Digital is neither acting as trustees nor acting in a fiduciary capacity
with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
You, as a Buyer,
understand that upon initiating a Transaction You are entering into a legally
binding and enforceable contract with the Seller to purchase the products and
/or services from the Seller using the Payment Facility, and You shall pay the
Transaction Price through Your Issuing Bank to the Seller using Payment
Facility.
You, as a Buyer, may
agree with the Seller through electronic communication and electronic records
and using the automated features as may be provided by Payment Facility on any
extension / increase in the Dispatch and/or Delivery time and the Transaction
shall stand amended to such extent. Any such extension / increase of Dispatch /
Delivery time or subsequent novation / variation of the Transaction should be
in compliance with Payment Facility Rules and Policies.
You, as a Buyer, shall
electronically notify Payment Facility using the appropriate DD Task Digital
Website features immediately upon Delivery or non Delivery within the time
period as provided in Policies. Non notification by You of Delivery or non
Delivery within the time period specified in the Policies shall be construed as
a deemed Delivery in respect of that Transaction. In case of Cash On Delivery
transactions, Buyer is not required to confirm the receipt of products or
services.
You, as a Buyer, shall be
entitled to claim a refund of the Transaction Price (as Your sole and exclusive
remedy) in case You do not receive the Delivery within the time period agreed
in the Transaction or within the time period as provided in the Policies,
whichever is earlier. In case you do not raise a refund claim using Website
features within the stipulated time than this would make You ineligible for a
refund.
You, as a Buyer,
understand that the Payment Facility may not be available in full or in part
for certain category of products and/or services and/or Transactions as
mentioned in the Policies and hence You may not be entitled to a refund in
respect of the Transactions for those products and /or services
Except for Cash On
Delivery transaction, refund, if any, shall be made at the same Issuing Bank
from where Transaction Price was received, or through any other method
available on the Website, as chosen by You.
For Cash On Delivery
transactions, refunds, if any, will be made via electronic payment transfers.
Refund shall be made in
Indian Rupees only and shall be equivalent to the Transaction Price received in
Indian Rupees.
For electronics payments,
refund shall be made through payment facility using NEFT / RTGS or any other
online banking / electronic funds transfer system approved by Reserve Bank
India (RBI).
Refunds may be supported
for select banks. Where a bank is not supported for processing refunds, You
will be required to share alternate bank account details with us for processing
the refund.
Refund shall be
conditional and shall be with recourse available to DD Task Digital in case of
any misuse by Buyer.
We may also request you
for additional documents for verification.
Refund shall be subject
to Buyer complying with Policies.
1. DD Task Digital reserves
the right to impose limits on the number of Transactions or Transaction Price
which DD Task Digital may receive from on an individual Valid Credit/Debit/
Cash Card / Valid Bank Account/ and such other infrastructure or any other
financial instrument directly or indirectly through payment aggregator or
through any such facility authorized by Reserve Bank of India to provide
enabling support facility for collection and remittance of payment or by an
individual Buyer during any time period, and reserves the right to refuse to
process Transactions exceeding such limit.
2. DD Task Digital reserves
the right to refuse to process Transactions by Buyers with a prior history of
questionable charges including without limitation breach of any agreements by
Buyer with DD Task Digital or breach/violation of any law or any charges
imposed by Issuing Bank or breach of any policy.
3. DD Task Digital may do
such checks as it deems fit before approving the receipt of/Buyers commitment
to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for
security or other reasons at the discretion of DD Task Digital. As a result of
such check if DD Task Digital is not satisfied with the creditability of the
Buyer or genuineness of the Transaction or other reasons at its sole
discretion, DD Task Digital shall have the right to reject the receipt of /
Buyers commitment to pay Transaction Price. For avoidance of doubt, it is
hereby clarified that the ‘Cash on Delivery’ feature for payment, may be
disabled for certain account users, at the sole discretion of DD Task Digital.
4. DD Task Digital may delay
notifying the payment confirmation i.e. informing Seller to Dispatch, if DD
Task Digital deems suspicious or for Buyers conducting high transaction volumes
to ensure safety of the Transaction and Transaction Price. In addition, DD Task
Digital may hold Transaction Price and DD Task Digital may not inform Seller to
Dispatch or remit Transaction Price to law enforcement officials (instead of
refunding the same to Buyer) at the request of law enforcement officials or in
the event the Buyer is engaged in any form of illegal activity.
5. The Buyer and Seller
acknowledge that DD Task Digital will not be liable for any damages, interests
or claims etc. resulting from not processing a Transaction/Transaction Price or
any delay in processing a Transaction/Transaction Price which is beyond control
of DD Task Digital.
Compliance with Laws:
1. As required by applicable
law, if the Customer makes a purchase of an amount equal to or above INR 2 00
000.00, the Customer will be required to upload a scanned copy of his/her PAN
card on the Platform, within 4 days of making the purchase, failing which, the
purchase made by the Customer will be cancelled. The requirement to submit the
PAN card arises only once and if it has been submitted once by the Customer, it
need not be submitted again. The order of the Customer shall stand cancelled if
there is a discrepancy between the name of the Customer and the name on the PAN
Card.
2. Buyer and Seller shall
comply with all the applicable laws (including without limitation Foreign
Exchange Management Act, 1999 and the rules made and notifications issued there
under and the Exchange Control Manual as may be issued by Reserve Bank of India
from time to time, Customs Act, Information and Technology Act, 2000 as amended
by the Information Technology (Amendment) Act 2008, Prevention of Money
Laundering Act, 2002 and the rules made there under, Foreign Contribution
Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and
the rules made there under, Export Import Policy of government of India)
applicable to them respectively for using Payment Facility and DD Task Digital
Website.
Buyer's arrangement with Issuing Bank:
1. All Valid Credit / Debit/
Cash Card/ and other payment instruments are processed using a Credit Card
payment gateway or appropriate payment system infrastructure and the same will
also be governed by the terms and conditions agreed to between the Buyer and
the respective Issuing Bank and payment instrument issuing company.
2. All Online Bank Transfers
from Valid Bank Accounts are processed using the gateway provided by the
respective Issuing Bank which support Payment Facility to provide these
services to the Users. All such Online Bank Transfers on Payment Facility are
also governed by the terms and conditions agreed to between Buyer and the
respective Issuing Bank.
DD Task Digital's
Replacement Guarantee*
DD Task Digital's
Replacement Guarantee seeks to assist Buyers who have been defrauded by
qualified sellers on the Website. The return policy period (DD Task Digital's
Replacement Guarantee) depends on the product category and the seller. Kindly
click here to know the return policy period applicable for different
categories. If at the time of delivery and/or within the applicable return
policy period, if any defect is found, then the buyer of the product/s can ask
for replacement of the product/s from the seller subject to the following terms
and conditions:
1. Notify seller of any
defects in the product/s at the time of delivery of the product/s and/or within
the applicable return policy period and the same product/s will be replaced in
return of the defective product/s.
2. Replacement can be for
the entire product/s or part/s of the product subject to availability of the
same with the seller.
Following products shall
not be eligible for return or replacement:
a. Damages due to misuse
of product;
b. Incidental damage due
to malfunctioning of product;
c. Any consumable item
which has been used/installed;
d. Products with tampered
or missing serial/UPC numbers;
e. Digital
products/services (Flyte music downloads)
f. Any damage/defect
which are not covered under the manufacturer's warranty
g. Any product that is
returned without all original packaging and accessories, including the box,
manufacturer's packaging if any, and all other items originally included with
the product/s delivered;
h. Jewellery which is
'made to order' on customer's request
On Clothing and Footwear,
qualified sellers accept 30 day exchange subject to the following conditions:
Clothes and footwear are
not used (other than for trial), altered, washed, soiled or damaged in any way.
Original tags and
packaging should be intact. For items that come in branded packaging, the box
should be undamaged.
Returns are not applicable
for 'Made to order' jewellery, Innerwear, lingerie, socks, clothing freebies,
etc.
Damaged or defective or
'Not as described' products in Lifestyle category (includes clothing, footwear,
etc.) are meanwhile covered by the 30 Day Replacement Guarantee. Kindly click
here to know the return policy period (Replacement Guarantee) applicable for
different categories.
If DD Task Digital has
any suspicion or knowledge that any of its buyers and sellers are involved in
any activity that is intended to provide claims or information that is false or
not genuine, DD Task Digital may also, while reserving its rights to initiate
civil and/or criminal proceedings against such member buyers and sellers, at
its sole discretion, suspend, block, restrict, cancel the Display Name of such
buyers and sellers and/or disqualify that user and any related users from
availing protection through this program. Customers who have been blocked for
any suspicious or fraudulent activity on DD Task Digital will not be allowed to
return their products.
DD Task Digital reserves
its right to initiate civil and/or criminal proceedings against a user who,
files a invalid and/or false claims or provides false, incomplete, or
misleading information. In addition to the legal proceedings as aforesaid, DD
Task Digital may at its sole discretion suspend, block, restrict, cancel the
Display Name [and its related Display Names] of such user and/or disqualify
that user and any related users from availing protection through this program.
Any person who, knowingly and with intent to injure, defraud or deceive, files
a Fraudulent Complaint containing false, incomplete, or misleading information
may be guilty of a criminal offence and will be prosecuted to the fullest
extent of the law.
Exchange Offers:
By participating in the
exchange I confirm that I am the sole and absolute owner and/or user of the
product mentioned above (device).
I confirm that device
which I am exchanging under the buyback program is genuine and is not
counterfeit, free from any and all encumbrances, liens, attachments, disputes,
legal flaws, exchange or any Agreement of Sale etc. and I have got the clear
ownership of the said device.
You agree to indemnity
and keep indemnifying DD Task Digital.com and any future buyer of the device
against all or any third party claims, demand, cost, expenses including
attorney fees which may be suffered, incurred, undergone and / or sustained by DD
Task Digital.com, its affiliates or any future buyer due to usage of the device
by you till date and you undertake to make good the same.
I confirm that all the
data in the said device will be erased before handing it over under buy back
program. I also confirm that in spite of erasing the data
manually/electronically, if any data still accessible due any technical reason,
DD Task Digital.com, Seller or the Manufacturer shall not be responsible for
the same and I will not approach DD Task Digital.com for any retrieval of the
data.
I hereby give my consent
that my personal information that I have provided in connection with this
buyback program might be processed, transferred and retained by the retailer
and other entities involved in managing the program for the purposes of
validating the information that I provided herein and for the administration of
the program.
I agree to indemnity and
keep indemnifying the DD Task Digital.com and any future buyer of the old
device against all or any third party claims, demand, cost, expenses including
attorney fees which may be suffered, incurred, undergone and / or sustained by DD
Task Digital.com, its affiliates or any future buyer due to usage of the device
by me till date and I undertake to make good the same.
I understand once a
device is sent by me to DD Task Digital, in no scenario can this device be
returned back to me.
I understand that the new
device delivery and the old device pickup will happen simultaneously (hand in
hand) and I shall keep the old device ready to be given for exchange.
Products distributed as
gifts from state sponsored or NGO funded distribution programs are not accepted
for exchange under exchange offers.
DD Task Digital will
allow the user to buy ebook using the following forms of payments.
--> Credit Cards
--> Internet Banking
--> Debit Cards
--> DD Task Digital
Wallet
--> any other mode of
payment, as may be decided and made available on the Website.
Please note that payment
can be made only in India Rupees and all the above payment instruments must
have been issued by entities operating in India and subject to Indian
regulations.
Cash on Delivery as a
mode of payment is not available for purchasing ebook on the Website currently.
Payment made by credit
card or any other mode as mentioned above should be received by us on time. If
for any reason we do not receive payment from the credit card issuer or any
agent involved in any of the above payment modes, You agree that you shall pay
all amounts due upon demand by us.
All Sales Final;
Downloading and Risk of Loss; Availability of eBooks. All sales of eBooks are
final. We do not accept returns of eBooks. Once you have purchased eBooks, we
encourage you to download it promptly. If you are unable to complete a
download, please contact customer service within 30 days of the payment. The
ebook will be removed from your library and the amount that was charged during
the payment will be refunded in the form of store credit. The eBooks will also
be replaced in cases of genuine technical errors as mentioned in the
replacement policy.
You bear all risk of loss
after purchase and for any loss of eBooks you have downloaded, including any
loss due to a computer or hard drive crash. We may, from time to time, at our
sole discretion remove eBooks from the Service without notice.
Intellectual Property Rights: It is hereby specifically
recorded that the copyright and other Intellectual Property in the ebook
available on the Website is the sole and exclusive property of third parties.
We are authorised by such third parties to upload the ebook on the Website for
license of use to the end customers. Intellectual Property Rights for the
purpose of this Agreement shall always mean and include copyrights whether
registered or not, patents including rights of filing patents, trademarks,
trade names, trade dresses, house marks, collective marks, associate marks and
the right to register them, designs both industrial and layout, geographical
indicators, moral rights, broadcasting rights, displaying rights, distribution
rights, selling rights, abridged rights, translating rights, reproducing
rights, performing rights, communicating rights, adapting rights, circulating
rights, protected rights, joint rights, reciprocating rights, infringement
rights. All those Intellectual Property rights arising as a result of domain
names, internet or any other right available under applicable law shall vest in
the domain of DD Task Digital Internet Private Limited as the owner of such
domain name. The Parties hereto agree and confirm that no part of any
Intellectual Property rights mentioned hereinabove is transferred in the name
of User and any intellectual property rights arising as a result of these
presents shall also be in the absolute ownership, possession and our control or
control of its licensors, as the case may be.
Your request to download
an ebook is personal to you, and the ebook may not be used, sold, rented,
transferred, licensed or otherwise provided to any other user. The license to
downloaded eBooks includes only those rights explicitly stated herein (typically,
the right to read the ebook in Flyte eBooks Application), and, for the
avoidance of doubt, does not include the right to create a derivative work, to
make copies, or to use the ebook in any commercial manner. You shall promptly
notify us in writing upon your discovery of any unauthorized use or
infringement.
Software: We may make available to you, from time to time,
software or updates for your use in connection with the download of eBooks (any
and all such software, individually and collectively, the "Software").
You may use the Software
only in connection with the download of eBooks on the Website. You may not
separate any individual component of the Software for use other than in
connection to the download, may not incorporate any portion of it into Your own
programs or compile any portion of it in combination with your own programs,
may not transfer it for use with another service, or use it, or any portion of
it, over a network and may not sell, rent, lease, lend, loan, distribute or
sub-license the Software or otherwise assign any rights to the Software in
whole or in part. We may discontinue some or all of any Software we provide,
and we may terminate your right to use any Software at any time and in such
event may modify it to make it inoperable.
Without limiting the
Disclaimer of Warranties and Limitation of Liability in this terms of use, in
no event shall our or our and/or our Digital Content providers' total liability
to You for all damages arising from your use of the Service, the Digital Content,
or information, materials or products included on or otherwise made available
to You through the Service (excluding the Software), exceed the amount You paid
to purchase, on the Service, the Digital Content related to Your claim for
damages.
Indemnity
You shall indemnify and
hold harmless DD Task Digital, its owner, licensee, affiliates, subsidiaries,
group companies (as applicable) and their respective officers, directors,
agents, and employees, from any claim or demand, or actions including
reasonable attorneys' fees, made by any third party or penalty imposed due to
or arising out of Your breach of this Terms of Use, privacy Policy and other
Policies, or Your violation of any law, rules or regulations or the rights
(including infringement of intellectual property rights) of a third party.
Applicable Law
Terms of Use shall be
governed by and interpreted and construed in accordance with the laws of India.
The place of jurisdiction shall be exclusively in Bangalore.
Jurisdictional
Issues/Sale in India Only
Unless otherwise
specified, the material on the Website is presented solely for the purpose of
sale in India. DD Task Digital make no representation that materials in the
Website are appropriate or available for use in other locations/Countries other
than India. Those who choose to access this site from other locations/Countries
other than India do so on their own initiative and DD Task Digital is not
responsible for supply of products/refund for the products ordered from other
locations/Countries other than India, compliance with local laws, if and to the
extent local laws are applicable.
Trademark, Copyright and
Restriction
This site is controlled
and operated by DD Task Digital and products are sold by respective Sellers.
All material on this site, including images, illustrations, audio clips, and
video clips, are protected by copyrights, trademarks, and other intellectual
property rights. Material on Website is solely for Your personal,
non-commercial use. You must not copy, reproduce, republish, upload, post,
transmit or distribute such material in any way, including by email or other
electronic means and whether directly or indirectly and You must not assist any
other person to do so. Without the prior written consent of the owner,
modification of the materials, use of the materials on any other website or
networked computer environment or use of the materials for any purpose other
than personal, non-commercial use is a violation of the copyrights, trademarks
and other proprietary rights, and is prohibited. Any use for which You receive
any remuneration, whether in money or otherwise, is a commercial use for the
purposes of this clause.
Trademark complaint
DD Task Digital respects
the intellectual property of others. In case You feel that Your Trademark has
been infringed, You can write to DD Task Digital at infringement@ddtask.com or info@ddtaskdigital.com.
Product Description
DD Task Digital we do not
warrant that Product description or other content of this Website is accurate,
complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
IN NO EVENT SHALL DD TASK
DIGITAL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS
BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Contact Us
Please contact us for
any questions or comments (including all inquiries unrelated to copyright
infringement) regarding this Website.
Grievance officer
In accordance with
Information Technology Act 2000 and rules made there under, the name and
contact details of the Grievance Officer are provided below:
Mr. Ravi Gautam
DD Task,
Chittor Road, Teachers Colony, Bundi - 323001
India
contact us
Email: admin@ddtask.com
Time: Mon - Sat (9:00 -
18:00)
POLICIES
Profanity Policy
DD Task Digital prohibits
the use of language that is racist, hateful, sexual or obscene in nature in a
public area.
This policy extends to
text within listings, on Seller pages and all other areas of the site that
another User may view. If the profane words are part of a title for the item
being sold, we allow Sellers to 'blur' out the bulk of the offending word with
asterisks (i.e., s*** or f***).
Please report any
violations of this policy to the correct area for review:
·
Report offensive Display Names
·
Report offensive language in a listing or otherwise
If a feedback comment; or
any communication made between Users on the Website; or email communication
between Users in relation to transactions conducted on Website contain
profanity, please review Our feedback removal policy and submit a request for
action/removal.
Disciplinary action may
result in the indefinite suspension of a User's account, temporary suspension,
or a formal warning.
DD Task Digital will
consider the circumstances of an alleged policy violation and the user's
trading records before taking action.
Violations of this policy
may result in a range of actions, including:
1.
Limits placed on account privileges;
2.
Loss of special status;
3.
Account suspension.
DD Task Digital shall
have the right to delete a product review posted by the customer at its sole
discretion, if it is of the opinion that the review contains offensive language
as stated above. Further, if DD Task Digital is of the opinion that the review
unfairly either: (i) causes disadvantage to a product; or (ii) increases the
popularity of the product, DD Task Digital shall have the right to delete the
customer review. DD Task Digital shall also, at its sole discretion have the
right to blacklist the customer from posting any further customer reviews.
Replacement Guarantee*
The Replacement Guarantee
seeks to assist Buyers who have been defrauded by qualified sellers on the
Website. If at the time of delivery and/or within specified days from the date
of delivery of the product/s, if any defect is found, then the buyer of the
product/s can ask for replacement of the product/s from the seller.
If DD Task Digital has
suspicion or knowledge, that any of its buyers and sellers are involved in any
activity that is intended to provide claims or information that is false,
misleading or not genuine, then DD Task Digital may while reserving its rights
to initiate civil and/or criminal proceedings against User may also at its sole
discretion suspend, block, restrict, cancel the Display Name of such buyer and
seller and /or disqualify that User and any related Users from availing
protection through this program.
DD Task Digital reserves
its right to initiate civil and/or criminal proceedings against a User who,
files a invalid and/or false claims or provides false, incomplete, or
misleading information. In addition to the legal proceedings as aforesaid, DD
Task Digital may at its sole discretion suspend, block, restrict, cancel the
Display Name [and its related Display Names] of such User and/or disqualify
that User and any related Users from availing protection through this program.
Any person who, knowingly and with intent to injure, defraud or deceive, files
a Fraudulent Complaint containing false, incomplete, or misleading information
may be guilty of a criminal offence and will be prosecuted to the fullest
extent of the law.
For more details related
to Replacement Policy, refer to s/help/cancellation-returns
Returns Policy
Definition: 'Return' is
defined as the action of giving back the item purchased by the Buyer to the
Seller on the DD Task Digital website. Following situations may arise:
1.
Item was defective
2.
Item was damaged during the Shipping
3.
Products was / were missing
4.
Wrong item was sent by the Seller.
Return could also result
in refund of money in most of the cases.
Points to be noted:
1.
Seller can always accept the return irrespective of the policy.
2.
If Seller disagrees a return request, Buyer can file a dispute
under the Buyer Protection Program*.
We encourage the Buyer to
review the listing before making the purchase decision. In case Buyer orders a
wrong item, Buyer shall not be entitled to any return/refund.
Buyer needs to raise the
return request within the return period applicable to the respective product.
Once Buyer has raised a return request by contacting Us on Our Toll Free
Number, Seller while closing the return ticket can select one of the following:
1.
Replace after shipment collection - Seller has agreed to wait
for the logistics team to collect the shipment from the buyer before replacing
it)
2.
Refund after shipment collection - Seller has agreed to wait for
the logistics team to collect the shipment from the buyer before refunding)
3.
Refund without shipment collection - Seller has agreed to refund
the buyer without expecting the original shipment back)
4.
Replace without shipment collection - Seller has agreed to
replace the order without expecting the original shipment back)
5.
On certain select days as specified by DD Task Digital (such as
'The Big Billion Day') separate policies may be applicable.
In the event the Seller
accepts the return request raised by the Buyer, Buyer will have to return the
product and then the refund shall be credited to the Buyers account.
In case the Seller
doesn't close the ticket in 3 days from the date of intimation to the Seller
about the refund request, the refund request shall be settled in favor of the
Buyer.
Further for returns being
made by Buyer to the Seller of the product, the following parameters needs to
be ensured by the Buyer:
|
Category |
Condition |
|
Electronics |
Should
be included |
|
Clothing
and Footwear |
Should
be "New & Unworn" (other than for trial) |
|
Beauty,
Health & Personal Care |
Should
be "New & Unopened" |
|
Sports
& Equipment |
Should
be "New" and returned with original packaging |
|
Office
Products |
Should
be "New" and returned with original packaging |
|
Jewellery |
Should
be "New" and returned with original packaging |
If the product being
returned is not in accordance with the above parameters, then Buyer shall not
be entitled to any refund of money from the Seller.
Shipping cost for
returning the product shall be borne and incurred by the Seller.
Replacement
Definition: Replacement
is the action or process of replacing something in place of another. A Buyer
can request for replacement whenever he is not happy with the item, reason
being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped
and the like.
Points to be noted:
1.
Seller can always accept the return irrespective of the policy.
2.
If Seller disagrees for a return request, Buyer can file a
dispute under Buyer Protection Program*.
Buyer needs to raise the
replacement request within the return period applicable to the respective
product. Once Buyer has raised a replacement request by contacting Us on the
Toll Free Number provided on the Website. Once the replacement request has been
raised, the following steps shall be followed:
1. Buyer is asked for
"Reason for Return". Among others, the following are the leading
reasons:
2. Shipping was damaged
3.
Item was defective
4.
Item Dead on Arrival
5.
Item(s) were missing
6. Wrong item sent
7. An intimation shall be
provided to Seller seeking either "approval" or "rejection"
of the replacement request.
8. In case the Seller
accepts the replacement request, Buyer shall be required to return the product
to the Seller and only after return of the product, Seller shall be obliged to
provide the replacement product to the Buyer.
9. Incase Seller rejects the
replacement request, Buyer can choose to raise a dispute by writing to
resolution@DD Task Digital.com.
In case the Seller
doesn't have the product at all, Seller can provide the refund to the Buyer and
Buyer shall be obligated to accept the refund in lieu of replacement. All the
product parameters shall be required to be complied with in cases of
replacement.
If the Seller doesn't
respond to the Buyer's replacement request, within three (3) days from the date
of replacement request placed by the Buyer, refund shall be processed in favour
of Buyer and Seller shall be liable to refund amount paid to the Seller.
All shipping and other
replacement charges shall be borne and incurred by the Seller.
Disputes (Resolutions) Policy
Overview
Generally, transactions
are conducted smoothly on DD Task Digital. However there may be some cases
where both the Buyers and Sellers may face issues. At DD Task Digital, we have
a Dispute Resolution process in order to resolve disputes between Buyers and
Sellers.
What is a 'dispute'?
A 'Dispute' can be
defined as a disagreement between a Buyer and a Seller in connection with a
transaction on the Website.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a
result of a disagreement between the Buyer and the Seller. Disputes arise out
of an issue that is raised by either party not being completely satisfied with
the resolution of their complaint/issue.
It is important that
before a Buyer/Seller raises a dispute, they should attempt to solve the issue.
Please note that whenever a Buyer raises a dispute, the Seller's payment for
that order is put on hold immediately until the issue is resolved.
How is a 'dispute' created?
Whenever there is a
disagreement, the Buyer can write to dispute@DD Task Digital.com, while the
Seller can write to ss@DD Task Digital.com, in order to raise a dispute. Disputes
can be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the
indicative examples of potential disputes:
1. Wrong item received
2. Item Not as described
3. Damaged or Seal broken on
Product
4.
Part/Accessory missing
5.
Item not Compatible
6.
Seller Description/Specification Wrong
7.
Defective (Functional issues)
8.
Product not working and Manufacturer claims invalid Invoice
In case the Seller
rejects the return request of the Buyer, and Buyer raises a dispute, then DD
Task Digital will try to mediate and resolve the dispute between both the
parties. If the dispute is resolved in favour of the Buyer, a refund is
provided once the product is returned to the Seller. If the dispute is settled
in favour of the Seller, Buyer is entitled to any refund.
Buyer Protection Program
In case of a dispute
where the Seller is unable to provide a refund or a replacement, DD Task
Digital will actively work towards reaching a resolution.
The Buyer Protection
Program covers Buyers who are unable to successfully resolve their dispute with
the Seller or are not satisfied the resolution provided by the Seller.
The Buyer can write to resolution@DD Task Digital.com if
the issue with the Seller is not resolved. DD Task Digital's Customer Support
team will look into the case to check for possible fraud and if the Buyer has
been blacklisted/blocked from making purchases on the Website. Only after
verifying these facts, a dispute can be registered.
In due course of
resolution, DD Task Digital's Customer Support Team will facilitate a
conference call including the Seller and the Buyer.
When a dispute has been
raised, DD Task Digital may provide both the parties access to each others
Display Names, contact details including email addresses and other details
pertaining to the dispute. Buyers and Sellers are subject to final consent from
DD Task Digital for settling the dispute.
Buyer Eligibility and Restrictions
Only the Buyers who have
purchased the product on DD Task Digital are eligible for the Buyer Protection
Program.
Buyers can file a dispute
within 45 days from the date of delivery of the product
Any damage or loss to the
product after delivery will not be covered under this program and will
completely be the Buyer's responsibility. Buyers should refuse to accept
delivery if the item is damaged.
To be able to take advantage of the Buyer Protection Program,
Buyers should first contact the Seller and attempt to resolve the issue. If the
Buyer doesn't hear from the Seller or is unable to resolve the issue with the
Seller even after contact, a dispute can be raised with DD Task Digital by
writing an email to resolution@DD Task Digital.com
Fraudulent charges and
claims are not covered under Buyer Protection Program
If the Buyer has already
initiated chargeback through the credit card issuingbank, it will not be
covered under Buyer Protection Program, though in such cases a Seller can file
a claim through the Seller Protection Program.
Blacklisted and Blocked
Buyers are not covered by the Buyer Protection Program.
Buyers who have reached
their maximum lifetime limit for claims are also not eligible. Buyers can make
a maximum of 5 claims per year on DD Task Digital. If the claim was withdrawn,
it is not counted. The coverage amount will be limited to ₹50,000
Through the Buyer
Protection program, DD Task Digital does not provide any guarantee/warranty to
Buyers for products sold on DD Task Digital against technical/manufacturing
defects.
Raising disputes against
Sellers does not automatically entitle the Buyer to a refund or replacement for
the product purchased. DD Task Digital shall verify the disputes so raised and may
process only such claims that are valid and genuine.
DD Task Digital shall at
no point be responsible for any direct or indirect losses, expenses, costs of
any nature whatsoever that may be incurred by any Buyer/Seller.
Claims of the nature of
'Buyer remorse' (i.e. instances where products are bought by the Buyer by
mistake or where the Buyer chooses to change his/her mind with regard to the
product purchased by him) will not be entertained through this program.
DD Task Digital reserves
its right to initiate civil and/or criminal proceedings against a User who,
files an invalid and/or false claims or provides false, incomplete, or
misleading information. In addition to the legal proceedings as aforesaid, DD
Task Digital may at its sole discretion suspend, block, restrict, cancel the
Display Name [and its related Display Names] of such User and/or disqualify
that user and any related users from availing protection through this program.
Decisions made by DD Task
Digital under the Buyer Protection Program shall be final and binding on its
Users.
DD Task Digital reserves
the right to modify / discontinue Buyer Protection Program without any prior
notice period to its Users.
Through this program, DD
Task Digital shall not entertain claims of Buyers who have incurred loss due to
delayed shipment or delivery of the item by the Seller.
DD Task Digital Customer
Support Team may seek additional information / clarification from Buyer to
facilitate resolution of the dispute. In the event Buyer does not respond with
information / clarification sought within 10 days of such request, the dispute
shall be auto-closed in favour of the Seller.
Disputes via Chargeback
Whenever a chargeback
(CB) comes from a payment gateway/bank, following situations may arise:
1. Item not received CB -
Buyer hasn't received the item. Refund will be created in accordance with the
dispute policies
2. Unauthorized CB - Buyer
hasn't made this particular transaction. Refund will be created in accordance
with the dispute policies.
Seller expressly agrees
that issuing the correct and complete invoice is the sole and primary
responsibility of the Seller. Furthermore, Seller shall ensure that invoices
state "Powered by DD Task Digital" and failing to do so Seller will
be liable for chargebacks (as applicable).
1.
Item not as described - meaning item is not what Buyer expected.
Dispute will be decided in accordance with the dispute policies.
Email Abuse & Threat Policy
Private communication,
including email correspondence, is not regulated by DD Task Digital. DD Task
Digital encourages its Users to be professional, courteous and respectful when
communicating by email.
However, DD Task Digital
will investigate and can take action on certain types of unwanted emails that
violate DD Task Digital policies.
Such instances:
Threats of Bodily Harm - DD
Task Digital does not permit Users to send explicit threats of bodily harm.
Misuse of DD Task Digital
System - DD Task Digital allows Users to facilitate transactions through the DD
Task Digital system, but will investigate any misuse of this service.
Spoof (Fake) email - DD
Task Digital will never ask you to provide sensitive information through email.
In case you receive any spoof (fake) email, you are requested to report the
same to Us through 'Contact Us' tab.
Spam (Unsolicited
Commercial email) - DD Task Digital's spam policy applies only to unsolicited
commercial messages sent by DD Task Digital Users. DD Task Digital Users are
not allowed to send spam messages to other Users.
Offers to Buy or Sell
Outside of DD Task Digital - DD Task Digital prohibits email offers to buy or
sell listed products outside of the DD Task Digital Website. Offers of this
nature are a potential fraud risk for both Buyers and Sellers.
DD Task Digital policy
prohibits user-to-user threats of physical harm via any method including,
phone, email and on Our public message boards.
Violations of this policy
may result in a range of actions, including:
·
Limits on account privileges
·
Account suspension
·
Cancellation of listings
·
Loss of special status
Other Businesses
DD Task Digital does not
take responsibility or liability for the actions, products, content and
services on the Website, which are linked to Affiliates and / or third party
websites using Website's APIs or otherwise. In addition, the Website may
provide links to the third party websites of Our affiliated companies and
certain other businesses for which, DD Task Digital assumes no responsibility
for examining or evaluating the products and services offered by them. DD Task
Digital do not warrant the offerings of, any of these businesses or individuals
or the content of such third party website(s). DD Task Digital does not
endorse, in any way, any third party website(s) or content thereof.
DD Task Digital Infringement Verification (FIV) - Reporting
Listing Violations
DD Task Digital has put
in place DD Task Digital Infringement Verification process so that intellectual
property owners could easily report listings that infringe their rights. It is
in DD Task Digital's interest to ensure that infringing products are removed
from the site, as they erode Buyer and good Seller trust.
·
If you are a Verified Rights Owner and want to report a listing
issue, see DD Task Digital's FIV. Note: Only the intellectual property rights
owner can report potentially infringing products or listings through FIV. If
you are not the intellectual property rights owner, you can still help by
getting in touch with the rights owner and encouraging them to contact us.
·
If your listing was removed through FIV, and you believe that
your listing was removed in error, please contact us.
DD Task Digital does not
and cannot verify that Sellers have the right or ability to sell or distribute
their listed products. However, DD Task Digital is committed to removing
infringing or unlicensed products once an authorized representative of the
rights owner properly reports them to DD Task Digital.
FIV works to ensure that item listings do not infringe upon
the copyright, trademark or other intellectual property rights of third
parties. FIV participants have the ability to identify and request removal of
allegedly infringing products and materials.
Any person or company who
holds intellectual property rights (such as a copyright, trademark or patent)
which may be infringed upon by products listed on DD Task Digital is encouraged
to become a FIV member.
Program membership
entitles you (Verified Rights Owner) to the following benefits:
·
Rapid response by DD Task Digital in ending listings reported by
you (as the Verified Rights Owner) as allegedly infringing
·
Dedicated priority email queues for reporting alleged
infringements
·
The ability to obtain identifying information about DD Task
Digital's users'
How to Become a FIV Member
To join the FIV, we
require only that you fully complete and email Us a Notice of Infringement form
specifying the allegedly infringing listings and the infringed work, complete
with an original authorized signature. The information requested by the Notice
of Infringement is designed to ensure that parties reporting products are
authorized by the rights owners, and to enable DD Task Digital to easily
identify the material or listing to be ended.
In the interest of
keeping the process easy and simple, after we receive your first Notice of
Infringement in hard copy, future notices can be sent to Us by email at admin@ddtask.com.
Note: In your notice of
infringement, you shall be required to identify the individual listing which is
infringing your intellectual property. General notices shall not be accepted.
We are happy to receive
such information, but must advise that we may be limited in Our ability to
respond to your request absent formal notice from an authorized rights owner.
Notice of Infringement
DD Task
_______________________
_______________________
I, [name]
____________________________ of [address] _________________________ do solemnly
and sincerely declare as follows:
1. I am the owner of certain
intellectual property rights, said owner being named __________________
("IP Owner").
2. I have a good faith
belief that the item listings or materials identified in the annexure attached
hereto are not authorised by the above IP Owner, its agent, or the law and
therefore infringe the IP Owner's rights. Please expeditiously remove or
disable access to the material or products claimed to be infringing.
3. I may be contacted at:
Name
___________________________________________________________
Title & Company
________________________________________________________
Address
_________________________________________________________
Email (correspondence)
___________________________________________________
Telephone/Fax
_____________________________________________________________
Date
_________________________________________________________________
and I make this
declaration conscientiously believing it to be true and correct.
Declared by
______________________________
on [date]
___________________________________ in [place]________
Truthfully,
Signature
Addendum to Notice of Infringement:
List of Allegedly
Infringing Listings, Products, or Materials
A Note on Reason Codes:
When identifying item numbers please use the reasons below. When removing
products from the site, DD Task Digital will inform Sellers of the specific
reason for the removal of their products.
Select the most
appropriate reason. Please associate each item you report with only one reason
code.
Trademark-infringement
1. Trademark owner doesn't
make this type of product or has discontinued the production of the product
2. Item(s) is an unlawful
replica of a product made by the trademark owner or is counterfeit
Trademark-listing description infringement
1. Listing(s) has unlawful
comparison to trademark owner's brand or product
2. Listing(s) contains
unlawful use of trademark owner's logo
Copyright-item infringement
1. Software is being offered
without any license or in violation of a license
2. Item(s) is a bootleg
recording;
3. Item(s) is an unlawful
copy (software, games, movies, etc.);
4. Item(s) is unlawful
duplication of printed material
5. Item(s) is an unlawful
copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
1. Listing(s) comprises
unauthorized copy of copyrighted text
2. Listing(s) comprises
unauthorized copy of copyrighted image
3. Listing(s) comprises
unauthorized copy of copyrighted image and text
Reason Code: _____________________________________________________________
Work(s)
infringed:
_________________________________________________________
Item Number(s):
___________________________________________________________
Note:
1. Please provide the
ownership of Trademark (Trademark Registration Certificate should be in the
name of applicant)
2. Please provide the
evidence as to the ownership of copyright.
All such Notices of
Infringement shall be sent admin@ddtask.com; or accounts@ddtask.com.