Terms & Conditions
This document is an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- Your use of www.donebynone.com and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as "the Website" which expression shall include and successor or replacement website) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon your each visit or usage of the Website or upon your registration or upon you providing any information on the Website. In this User Agreement, you are contracting with Netcraft Retail Solutions Pvt. Ltd. Private Limited, a company incorporated under Companies Act, 1956 with registered office at 62/12, 2nd Floor, old Rejendra Nagar, Delhi 110060, (India), hereinafter referred to as “the Company” which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.
- For the purpose of the User Agreement, Registered User / Visitor and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User using the computer systems of the Website or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User. The term and expression You shall unless the context otherwise require shall and include your legal heir, receivers, successors, liquidators and permitted assigns.
- As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and /or on the 'continue button' and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "check box" and on the "continue" button or any other button and do not seek to obtain access to or otherwise use the Website.
- Amendments to the User Agreement: The Company may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time Company posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.
The following disclaimers by the Company are the key to determine any relationship between You and the Company for Your use of the Website and for Company providing any services on the Website:
- Company and its suppliers, affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
- Company, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
- You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.
When You use the Website or send emails or other data, information or communication to the Company, You agree and understand that You are communicating with the Website and Company and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Company and all other Registered Users and Visitors and as and when posted, communicated or required.
- Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your ‘designated electronic address’ and the Company, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.
- By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Company as provided from time to time in various hyperlinks on the Website.
Your Account and Registration Obligations
If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Company has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
- You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.
Use of the Website
- You understand and agree that Company and the Website merely provide services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by or on behalf of Registered Users and are third party contents. The Website also contains various third party user generated content and material. The Company neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Company has no control over the third party user generated contents.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and International laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service and your listing, purchase, solicitation of offers to purchase of items.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Company and You shall have no authority to bind Company in any manner whatsoever nor shall Company have any authority to bind you in any manner whatsoever. All the services provided by the Company shall be as independent contractor and on principal to principal basis.
- If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
- This Agreement sets forth the entire understanding and agreement between You and Company with respect to the subject matter hereof.
- In Company’s sole discretion, Company may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Company on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.
This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Company shall be governed and construed in accordance with the laws of India.
If any dispute arises between You and Company during Your use of the Website or Your dealing with the Company in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Company. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Delhi. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.
COUPONS TERMS & CONDITIONS
The offer contained in the electronic communication ("E-Coupons") is made by Netcraft Retail Solution Pvt Ltd and is open to targeted http://www.donebynone.com registered users ("Users"). These terms and conditions are in addition to the existing DONE by NONE Terms & Conditions . E-Coupons are also not offered to, and shall not be used by, such Users who under any statutory obligations are prohibited to use E-Coupons. E-Coupon is the property of Company and Company has the right to cancel the E-Coupons at will and at any time (including during the validity period of the E-Coupon) without -giving any priorintimation to the User. E-Coupon is a privilege from Company and not a right or claim against Company. E-Coupons can also be cancelled in case the User is in violation of DONE by NONE Terms & Conditions.
User using the E-Coupons in any manner shall be deemed to have read, understood and accepted these terms and conditions.
The value and the mode of using the E-Coupon are mentioned in the electronic communication.
The validity of E-Coupon is subject to the condition that the User remains a registered user and is neither suspended nor in violation of DONE by NONE Terms & Conditions.
E-Coupons can be redeemed only on purchases made through www.donebynone.com on those listings which provides for an option of E-Coupon payments. E-Coupons shall be invalidated in case of rejection of payment by Company due to Company's risk containment measures.
One E-Coupon can be used only for one purchase irrespective of the value of such purchase and the unutilized or underutilized value of the E-Coupons shall be forfeited and the User cannot claim any benefit or a substitute E-Coupon in lieu of the same. The purchase value of the item in excess of the value of the E-Coupon shall be paid by the User along with using the E-Coupon.
E-Coupon carries no cash value and cannot be transferred, negotiated or sold and cannot be redeemed against cash. E-Coupons cannot be combined with any other coupons or any other offer or discounts or promotions.
- Company is not responsible for any typographical error leading to an invalid coupon.
- Company is neither recommending you to purchase the specific item which you intend to purchase or actually purchase using E-Coupon nor Company is warranting or endorsing any product or services listed on www.donebynone.com nor warranting or verifying or guarantying the performance or conduct of any seller or of any third party.
- Company shall not be liable for any lost or stolen E-Coupon and E-Coupons once issued shall not be reissued.
Company makes no representation or warranties of any kind regarding any product or service provided by any third party in connection with any E-Coupon and shall not be responsible for any costs, damages, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of E-Coupons.
Limitation of Liability: Under no circumstances Company's liability shall exceed giving the User a replacement E-Coupon of the same nature and of the same value.
These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in Delhi (India) only.