Uttam Deal web site user agreement
1. Acceptance of terms
These terms and conditions may have changed since your last visit to the site. By using the site you indicate your acceptance of these terms and conditions.
Uttam Deal F-42, Sector-6, Noida-201301 U.P. India (“Uttam Deal” or “we”, “us”, “firm”, “company”, “our”) provides access to the Uttam Deal web site, located at www.uttamdeal.in (the “site”) subject to your acceptance of this Uttam Deal web site user agreement (“agreement”). Uttam Deal may update this agreement from time to time without prior notice to you. We encourage you to review this agreement periodically for any updates or changes.
We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. Types of users
Any person accessing, browsing, or otherwise using the site, either manually or via an automated device or program, shall be deemed a “user” under this agreement. By accessing this site and becoming a user you certify that you are 18 years of age or older.
4. Use of the site
You understand that Uttam Deal cannot and does not guarantee or warrant that files available for downloading from the site will be free of infection or viruses, worms, Trojan horses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
5. System Integrity
You may not use any device, software or routine to interfere with the proper working of the site. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the site including but not limited to unsolicited e-mail (i.e. “spam”).
6. Risk: Internet Use
You assume total responsibility and risk for your use of the site and the internet. You acknowledge and agree that any uploads or transmissions you make may be intercepted and used by an unauthorized third party and that all of the risk associated therewith is solely yours.
7. No Warranties
Uttam Deal does not make any express or implied warranties, representations or endorsements whatsoever (including, but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the site, the site content, any merchandise or services provided through the site or on the internet generally, unless specifically stated on the site for a particular product or service and Uttam Deal shall not be liable for any cost or damage arising either directly or indirectly from any transactions entered into through the site. Uttam Deal does not warrant that the site or services will meet user requirements, or that the site or services will be uninterrupted or error-free or that defects in the site will be corrected. The site and the content and services made available on the site are provided on an “as is” and “as available” basis.
8. System Outages
Uttam Deal periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Uttam Deal shall have no liability whatsoever for the resulting unavailability of the site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, miss delivery, non delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the internet infrastructure and network external to the site.
You agree to indemnify, defend and hold Uttam Deal and its parent firm, affiliates, subsidiaries officers, directors, partners, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the site, (ii) your use or purchase of services or goods provided through the site, or (iii) your breach of any provision of this agreement. You will cooperate as fully as reasonably required in Uttam Deal’s defence of any claim. Uttam Deal reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Uttam Deal.
10. Intellectual Property
The contents of the site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the “content”) is the property of Uttam Deal and/or its affiliates or partners, and it may or may not be protected by Indian and international copyright and trademark laws, or other proprietary rights. These rights may be protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the site solely for your personal non-commercial use or your non-commercial use within your organization or as otherwise permitted. No portion of the content may be reprinted, republished, modified, or distributed in any form without the express written permission of Uttam Deal. You may not, and this agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the site or the content. Any rights not expressly granted by this agreement or any applicable end-user license agreements are reserved by Uttam Deal.
Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of Uttam Deal or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Uttam Deal copyright.
11. Limitation Of Liability
Under no circumstances shall Uttam Deal or any other party involved in creating, producing, or distributing the site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site (ii) the cost of procurement of substitute merchandise or services resulting from any merchandise, data, content or services purchased or obtained or transactions entered into through or from the site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the site; or (v) any other matter relating to the site. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the site. In no event shall Uttam Deal’s total cumulative liability under these terms exceed the lesser amount of any fees paid, if any to Uttam Deal for the use of the site by you, or Rs. 500. Because some states may not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the least amount permitted by law. The limitations of liability provided in this agreement inure to the benefit of Uttam Deal, our parent firm, affiliates, subsidiaries, and to all of our respective officers, proprietor, partners, employees, attorneys and agents.
12. Your Account Obligations
In consideration of your use of the site you agree to: (i) provide true, accurate, and current and complete information about yourself or your organization as prompted by the site (the “registration information”); and (ii) maintain and update the registration information to keep it true, accurate, current and complete. 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, we may suspend or terminate your account and decline to permit your continued use of the site and future access to the site. You are responsible for maintaining the confidentiality of your password and user name, and are fully responsible for all activities that occur under your user name and password. You agree that your password may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your passwords or account identification information to third parties. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. Uttam Deal shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised password.
13. Purchases And Product Pricing
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Uttam Deal shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Uttam Deal shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the user’s credit card charged. Uttam Deal reserves the right in its sole discretion to refuse or cancel any order for any reason. If your credit card has already been charged for the purchase and your order is cancelled, Uttam Deal shall immediately issue a credit to your credit card account in the amount of the charge.
Uttam Deal attempts to be accurate in all product descriptions, nevertheless, Uttam Deal does not warrant that any product description or other content on the site is accurate, complete, reliable, current, or error free. If you find a product is not described as per actual, then notify us immediately at legal @uttamdeal.in to make such corrections.
Uttam Deal reserves the right, with or without prior notice, (a) to impose conditions on the honouring of any coupon, coupon code, discount vouchers, reward point, e-wallet, promotional code, target incentives, achievement awards, inaugural incentives, promotional gifts or other promotion, (b) change a product description, (c) limit the availability or any product or service, (d) refuse to provide any user or customer with any services.
Any claim or cause of action with respect to this site must be commenced within 3 month after the claim arises. Price and availability of any Uttam Deal product or service may be changed at any time without notice.
14. No Endorsement Of Content And Links To Other Web Sites
Any links to other sites are provided as merely a convenience to the users of this site. This site may provide links or references to other sites but Uttam Deal has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. Uttam Deal does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this site, you do so entirely at your own risk.
15. Linking And Framing The Site
Unless a user has a written agreement in effect with Uttam Deal that states otherwise, a user may only provide a hyperlink to the site on another web site if the user complies with all of the following: (a) the link must be a text-only link clearly marked "Uttam Deal” or the link must "point" to the url www.uttamdeal.in and not to other pages within the site; (c) the link, when activated by a user, must display the site full-screen and not within a "frame" on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with the Uttam Deal name and trademarks or create the false appearance Uttam Deal is associated with, or a sponsor of, the linking web site. By providing this consent, Uttam Deal is not foregoing its ownership or rights in any trademarks, copyrights, patents or any other forms of intellectual property associated with the site. Uttam Deal reserves the right to revoke its consent to any link at any time in its sole discretion.
16. Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Noida.
In the event of any dispute arising between you and Uttam Deal relating to any matter connected with this agreement or with regard to appointments as an independent seller of Uttam Deal or the subject thereof or in relation thereto and whether as to construction or otherwise, the same shall be referred for arbitration under the arbitration and conciliation act, 1996 which is amended by the Arbitration and Conciliation (Amendment) Ordinance, 2015. The firm shall appoint a sole arbitrator whenever any such dispute arose. The award made by the sole arbitrator shall be final and binding on both you and Uttam Deal. The venue of arbitration shall be at Noida only.
18. International Users
You may not use this site in violation of any Indian export laws or regulations. Uttam Deal makes no claims that the content is appropriate or may be downloaded outside of India. Access to the content may not be legal in certain countries or for certain persons. If you access the site from outside of India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, notwithstanding sections 16 and 17 above.
19. User Feedback
Should any user respond to Uttam Deal with information including feedback, such as questions, requests, opinions, comments, suggestions, or the like regarding the content of any Uttam Deal document, the site, or Uttam Deal services, such information shall be deemed to be non-confidential and Uttam Deal shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Uttam Deal shall be free to use any ideas, concepts, know how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
20. Acceptable And Lawful Use Of The Site
Any information provided to Uttam Deal in connection with use of the site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libellous, unlawfully threatening or harassing; and (f) shall not create liability for Uttam Deal or cause us to lose the services of our internet service providers or other suppliers. The sender of any communications to this site or otherwise to Uttam Deal shall be responsible for the content and information contained therein, including its truthfulness and accuracy. This site is provided as a service to its visitors. Uttam Deal reserves the right to delete, modify or supplement the content of this site at any time for any reason without notification to anyone.
In the event that one or more portions of this agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this agreement.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the terms or the right to use the website by you contained herein or any other section or pages of the website or any linked sites in any manner whatsoever.
23. Interpretation Of Number And Genders
The terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the terms as a whole.
24. Exactness Not Guaranteed
Uttam Deal hereby disclaims any guarantees of exactness as to the finish and appearance of the final product as ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through the website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, colour etc. May be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that a similar product will also be accepted by you.
25. No Waiver
Any delay or failure by you or Uttam Deal, at any time or times, to require performance of any provision hereof shall in no manner affect your or Uttam Deal’s right at a later time to enforce such provision. No delay or failure of you or Uttam Deal in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.
26. Entire Agreement, Updates And Modifications
This agreement and any documents expressly incorporated by reference constitute the entire agreement between Uttam Deal and you pertaining to the subject matter hereof. In its sole discretion, Uttam Deal may unilaterally amend or modify this agreement or any other documents referenced herein at any time by posting on the site. Any amended or modified terms will be effective upon posting immediately. Continued use of the site and its services constitutes acceptance of any modified terms and conditions. If you have any questions about this agreement, contact us at email@example.com.
You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Uttam Deal, except pursuant to the sale of your business, or all or substantially all of its assets. Uttam Deal may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
28. Third Party Beneficiary Rights
No person not a party to this agreement is intended to be a beneficiary of this agreement, and no person not a party to this agreement shall have any right to enforce any term of this agreement.
29. Uttam Deal Independent Sellers
Uttam Deal independent sellers (“sellers”) are independent third party contractors of Uttam Deal and Uttam Deal is not responsible or liable for the statements, acts or omissions of such sellers, whether in connection with this website or in any other context. You acknowledge and agree that Uttam Deal has no control over, and is not responsible or liable for any information, in any medium, provided to you by a seller. Uttam Deal does not confirm the accuracy or reliability of any materials created or distributed by seller in any medium, including, but not limited to, the internet.
This site may contain contests or promotions that require you to send material or information about yourself, our seller in order to participate. Please note that any such contest or promotion offered through the site may be governed by a separate set of terms and conditions, that may include, among other things, eligibility requirements such as age limits and geographical restrictions, if you decide to participate in such contests or promotions it will be your responsibility to familiarize yourself with any relevant terms and conditions, and by your participation you agree to comply with any such terms and conditions which shall be binding and final in all respects.