Terms & Conditions

General Terms of Use

 

  1. You (hereinafter referred to as “User”) hereby impliedly agrees to be bound by this Terms of Use by using the Website or through any other mode of communication, whether such usage is for any purchase or not;
  2. User is hereby authorised to use the website for lawful purposes or the purposes as mentioned under marketdeal general usage policies only;
  3. Any violation of the policy will lead to strict legal action against the User in terms of the policies and applicable laws;
  4. The prices and availability of the products offered on the Website are subject to change, without any notice or any consequential liability on marketdeal;
  5. All offers on Products shall be for a limited period of time, as mentioned under the order specification. marketdeal may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the users, but such modification will be intimated on the website or app;
  6. marketdeal may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by User(s). marketdeal’s decision of cancellation of order shall be final, and marketdeal shall not be liable for such cancellation whatsoever. If the order is cancelled after the credit card has been charged, the said amount will be reversed back in User’s credit card account;
  7. Expected delivery time as mentioned on the website may vary than the usual time of delivery;
  8. marketdeal strives to provide accurate products, services and pricing information. If a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, marketdeal may, at its discretion, either contact User for instructions or cancel the User’s order, which will be notified about;
  9. marketdeal shall have the right to modify the price of a product or service any time, without any prior information;
  10. marketdeal may require additional verifications or information before accepting any order, for which marketdeal will contact the User;
  11. In case of requests for order cancellations, marketdeal, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without being liable to show cause to the User. As part of usual business practice, if marketdeal receives a cancellation notice and the order has not been processed/ approved by marketdeal, marketdeal shall cancel the order and refund the entire amount to User within a reasonable period of time;
  12. In case an order has already been processed, it is pertinent to note that marketdeal will not be able to cancel the same and under such circumstance, marketdeal shall have the full right to decide whether an order has been processed or not. User hereby agrees and undertakes that the decision taken by marketdeal is acceptable to User and User shall not create any dispute on the decision taken by marketdeal on cancellation;
  13. Under no circumstances marketdeal’s liability shall exceed giving the User a replacement of the same product/ alternate product of the same value;
  14. These terms and conditions are subject to Indian laws and any dispute shall be subject to the jurisdiction of the courts in Mumbai (India) only and may be modified by marketdeal any time, for which marketdeal shall not be liable to notify the User(s).

 

Usage Conduct and User Warranties

  1. User is solely responsible for the conduct in the usage of the system on the Website and protection of the data. User warrants that the user has all rights, licenses, authorizations and consents required to use the service.
  2. User agrees to defend, indemnify, and hold marketdeal harmless, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers/sellers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) User’s access to the Website, (b) User’s use of the services, or (c) the violation of these Terms & Conditions by the User or any third party using User’s credentials of any intellectual property or another right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
  3. The service, including any software that forms part of the service, is made available to the User, User’s company, and/or staff only for personal use or internal business purposes, and such use must comply with all applicable laws, rules and regulations, including without limitation privacy laws. It must not infringe or violate third party rights.
  4. Certain services or User purchases may be limited to a number/class of users who may use the service. As a matter of ethics and goodwill, User must make it a point not to allow any additional users to avail such services.
  5. marketdeal has the right to keep track of the use of the service, at its own cost and upon giving reasonable notice to the User, to determine whether the use is by these Terms & Conditions and any other terms that apply to the service. In case it comes to light that the User has exceeded the scope of use permitted, marketdeal may require the user to pay an additional service fee for such use immediately.
  6. marketdeal may conduct unscheduled maintenance at times, but will earnestly try to do this outside normal business hours when possible. However, User acknowledges and agrees that the service may occasionally be unavailable during periods of planned or unscheduled maintenance.

 

Pricing Information

While marketdeal strives to provide accurate product and pricing information, it cannot confirm the fact that the price of a product is accurate in accordance to its present market value at the time any order is placed. If a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, marketdeal shall have the right to refuse or cancel any orders placed for that product, at its sole discretion, unless the product has already been dispatched. If an item is mispriced, marketdeal at its sole discretion would either contact the User for instructions or cancel the order and notify the user of such cancellation. Unless the product ordered has been dispatched, any complimentary offer will not be deemed accepted and marketdeal will have the right to modify the price of the product and contact the user for further instructions using the e-mail address or the contact number provided at the time of registration, or cancel the order and notify you of such cancellation. In the event we accept any order, the same shall be debited to the user’s credit/debit card account and duly notified by email or the contact number, as the case may be. The payment may be processed before dispatch of the product. If marketdeal has to cancel the order after it has been processed, the said amount will be reversed back to the relevant user’s credit/debit card account.

Indemnity

marketdeal disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). marketdeal shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on the Website. The User agrees to defend, indemnify and hold harmless marketdeal, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon user’s actions or inactions, which may result in any loss or liability to marketdeal or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of User’s obligations under this Terms of Use or arising out of the User’s violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

 

Privacy

All the information provided to marketdeal by any user, including sensitive personal information, is voluntary. User has the right to withdraw consent at any time, in accordance with the terms of this Terms of Use, but please note that withdrawal of consent will not be retroactive. User can access, modify, correct and eliminate the data about the User which has been collected pursuant to the decision to become a User of the Website. If User updates any information relating to User, marketdeal may keep a copy of the information which the User originally provided to marketdeal in its archives. The Website may enable a User to communicate with other users or to post information to be accessed by others, whereupon other users may collect such data. marketdeal hereby expressly disclaims any liability for any misuse of such information that is made available by visitors in such a manner.

marketdeal value the privacy of information pertaining to its associates. marketdeal will enable a User to communicate privacy concerns to marketdeal and that marketdeal will respond to them appropriately. marketdeal does not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify a User, such as a User’s password, credit card number and bank account number.

Financial Details

User agrees, understands and confirms that the credit/debit card details or other financial details provided, for availing of services on the Website will be correct and accurate, and User shall not use the credit /debit card or financial facility which is not lawfully owned/obtained by the User. The user also understands that any financial information submitted by the User is directly received by marketdeal’s acquiring bank and not taken by marketdeal directly. marketdeal will not be liable for any credit/debit card fraud. The liability for the use of a card fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on User. marketdeal and its associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently, initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

 

Termination

marketdeal may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms & Conditions or other policies and terms posted on the Website by the User or by someone using your credentials. marketdeal may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. marketdeal shall not be liable to the User or any third party for any termination of User’s access to the Website and/or the services. Further, User agrees not to attempt to use the Website and/or the services after any such deletion, deactivation or termination.

 

Limitation of Liability

User will be solely responsible for any damage that occurs to the user resulting from the use of the service.

If there is any loss or damage to user’s data, the sole and exclusive remedy will be, marketdeal using reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data maintained by marketdeal.

In no event shall marketdeal be liable for any indirect, special, incidental, consequential or punitive damages, loss of use, loss of profits, revenue, interest or business or loss or corruption of data, whether in action in contract, tort, equity or otherwise in connection with the Service or any other service provided by marketdeal.

 

Entire Agreement

If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein, this Terms of Use constitutes the entire agreement between you and us with respect to the Websites/services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

 

Electronic Contracting and Notices

User’s affirmative act of using this Website, and/or registering for the Website constitutes the user’s electronic signature to these Terms & Conditions and also user’s consent to enter into agreements with marketdeal electronically.

Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. Disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai, India.