Terms & Conditions
Welcome to Dealite.in, service provided
by Dealite Services Pvt. Ltd. The terms & conditions contained herein along with
deemed to have accepted the Agreement. You are advised to read the Agreement carefully.
By accessing, browsing or otherwise using Dealite.in You agree to be legally bound
by this Agreement. Applicable law
All products/ services and information
displayed on Dealite.in constitute an "invitation to offer". Your order for bid
or purchase constitutes Your "offer" which shall be subject to the Agreement. Dealite.in
reserves the right to accept or reject Your offer.
This site is created and controlled
by Dealite Services Pvt. Ltd. Laws of India shall apply and courts in Mumbai shall
have jurisdiction in respect of all the terms, conditions and disclaimers. Dealite
reserves the right to make changes to the services/ Website and the terms, conditions
and disclaimers at any time and without information to the customers/ Users of the
services/ Website of Dealite Services Pvt. Ltd. Definitions
"Agreement" means the terms & conditions
and will include the references to this Agreement as amended, negated, supplemented,
varied or replaced from time to time. Eligibility of and Representations
by the User
“Dealite” means Dealite Services Private
Limited, a company incorporated under the laws of India.
"Dealite.in"/ "Website" means the
online shopping platform and the services provided by it owned and operated by Dealite,
which provides a platform/venue to the vendors to showcase and to offer for sale
various products to the Users of Dealite.in to bid and/ or buy and to provide transactional
information in relation to any bidding and/ or transactions of purchase of Products
entered into between the vendors and the Users on Dealite.in
“Bid(s)”/ “Dealite Bid Voucher(s)”
shall mean the electronic voucher(s) issued by Dealite which can be used only on
Dealite’s Website (www.dealite.in) by the Bidder to buy a seat or place bid(s) in
an auction. Dealite Bid Vouchers is part of the services offered by Dealite on this
Website to facilitate the sale/ auction of the products for the Users of this Website.
“Seat” shall mean eligibility to participate
in the given auction.
"Vendor” shall mean the person or
any legal entity who offers for sale/ sells products on the Dealite Website.
''Product(s)”/ “Item(s)'' shall mean
and includes any goods/ merchandise/ products/ services/ offers/ display items,
excluding Dealite Bid Vouchers, that are uploaded/ showcased/ displayed on the Website
on behalf of the Vendors and the related description, information, procedure, processes,
warranties, delivery schedule, etc.,
“Registered User”/ "Seller" shall
mean the person or any legal entity using or accessing the services provided on
this Website and facilitating setting up of the online auctions and/ or the sale
of products on the Website.
"Customer"/ "Buyer"/ “Bidder” shall
mean the person or any legal entity who buys bids, buys seat, participates in auction
and/ or who accepts the purchase offer/ option for sale on the Website by placing
an order for and/ or purchases any products offered for sale on the Website.
"User"/ "You"/ “Your” means and includes
You and/ or any person or an entity including Buyer, Vendor or Seller who establishes
a connection for access to and use of this Website and the services provided on
Use of this 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, etc. are not eligible to use this Website. If You are
a minor i.e. under the age of 18 years, You shall not register as a User of this
Website or use this Website in any way. By using this Website, You are representing
to Dealite that – Termination
- You are at least of the minimum legal age and otherwise also have capacity to enter
into legally binding contract, as provided above.
- You are accessing this Website from a territory or jurisdiction wherein it is lawful
to access and use this Website and materials contained therein.
Either Dealite or You may terminate
this Agreement at any time, with or without cause. Amendments and Modification of Terms
& Conditions of Service
Without limiting the foregoing, Dealite
shall have the right to immediately terminate Your User Account in the event of
any conduct by You which Dealite, in its sole discretion, considers to be unacceptable,
or in the event of any breach by You of this Agreement.
Dealite shall have the right, at any
time, to change or discontinue any aspect or feature of this Website including,
but not limited to, content, auction/ sale format, hours of availability, and equipment
needed for access and use of this Website, or discontinue this Website itself without
incurring any obligations of any sort. Also, Dealite may discontinue or restrict
Your use of this Website for any reason without any notice. Electronic Communication
Dealite reserves the right to change or modify the Terms & Conditions
and Notices applicable to the use of this Website or any part thereof, or to impose
new conditions at any time. You can access the latest version of the Terms & Conditions
at any given time. You should regularly review the Terms & Conditions. In the event
the modified Terms & Conditions are not acceptable to You, You should discontinue
using the service. Any use of this Website by You after such modification shall
be deemed to constitute acceptance by You of such changes, modifications, additions
and/ or deletions. So, You are responsible for regularly checking on these Terms
& Conditions and Notices and Additional Terms, etc. governing particular features,
When You use the Website or send emails
or other data, information or communication to Dealite, You agree and understand
that You are communicating with Dealite through electronic records and You consent
to receive communications via electronic records from Dealite periodically and as
and when required. Dealite will communicate with You by email or by posting notices
on this Website which will be deemed adequate service of notice/ electronic record.
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. Purchasing Bids and Payment
Dealite Bid Vouchers (“Bids”), have
to be purchased by You prior to participating in the auctions. Bids can be purchased
in bundles (“Bid Packs”) as applicable and as displayed on the Website. Auctions
Users should buy only as many bids
as they are willing to spend/ use to buy seat and/ or place bids in the bidding
process of the auction. Purchased Bid Packs are non-refundable and You irrevocably
and unconditionally hereby agree and consent to this.
Should a payment for bid/ bid packs
purchased not be honored by a User’s financial institution, a returned payment fee
will be charged to the User to cover the additional administrative costs incurred
by Dealite. Dealite reserves the right to block access to the User account and/
or to the bids until payment in full of the purchase amount, including any fees
due for returned payment, etc. is fully realized, and to withhold any outstanding
deliveries until payment in full is realized. Dealite also reserves the right to
temporarily block access to a User’s account if activities therein appears suspicious
until proper authentication and/ or identification has been verified.
No refunds will be issued for excess
bids placed on an auction. No Bid credits will be issued for excess bids placed
either. For further information on refunds please see our Return and Refund Policy.
Dealite reserves the right to hold
on to all the orders in shipment or cancel them, if any of the payments made by
the User has not been cleared. This includes any purchases made even before that
particular payment was issued by the Users. The User will have to settle any such
pending payments made and awaiting clearance within 7 days. Failure to implement
that will result in all the orders being canceled. No refunds will be issued in
such case, including bids placed or used to purchase seat for all the auctions.
No products will be shipped in such case.
Bids credited to Users account while
the payment for the bids is in process will have to be paid in full before any product
Each auction will have a fixed number
of bidders and You need to buy a seat by paying bids to participate in that auction.
The number of seats and number of bids required to buy a seat for that auction are
pre-specified in each auction listing. On Your buying a seat for an auction using
specified number of bids, if specified in the auction listing, the mentioned number
of Free Bids will be credited to Your account ,which You can use to place bids in
that auction only. These Free Bids cannot be used and are not valid for any other
auction except for that specific auction, for which You bought a seat and got those
Free Bids free of cost. Any Free bids remaining in the User’s account at the end
of the auction will lapse and shall be removed from Your account. You understand
and agree that Dealite has full discretion to decide on which User to give free
bids to and You cannot hold Dealite liable for any demand of Free Bids for any auction,
stated or not stated, including but not limited to the validity of the Free Bids. Your assistance as Registered User
The auction starts at a pre-specified
time (as mentioned in the auction listing) but only after all seats are sold. In
case all the seats are not sold before the pre-specified auction start time, the
auction is cancelled; the bids paid by the Bidders to buy seats may be credited
back to each Bidder’s account and the given Free Bids lapse. In such case, crediting
the bids (paid by User to buy a seat) back to the respective User’s account is entirely
on the discretion of Dealite and You understand and agree to this right of Dealite.
When the auction starts, only the
fixed set of Bidders (who purchased the seats for that auction) can bid by submitting
one bid at a time; each Bidder can bid as many times and anytime as long as the
auction is on. Bids can be submitted/ placed by the Bidder through the manual bidding
functionality, or through the AutoBid function. The AutoBid automatically submits
bids according to the parameters set in advance by the Bidder. You understand and
agree that each bid placed by You constitutes a contract and commitment from You
to Dealite, that You will pay the applicable final item price reached along with
shipping, other charges and taxes, as applicable to claim the product in case You
win the auction and want to avail the option of purchasing the item.
Each bid placed increases the item
purchase price by a specific amount (usually by Re.1) and reduces one bid from the
respective Bidder’s account. Bids placed by You cannot be retracted or refunded.
Each bid placed (or more than one
bids placed at the same time) may increase the auction time left by up to a specific
value (usually by 15 seconds when the time left for auction to end is less than
15 seconds). Dealite reserves the right to reject any bid placed/submitted by You
either to buy a seat and or bid in an auction. Dealite reserves the right to change
the auction times at any time. Dealite can add or remove products/auctions from
the Website at anytime without notice, including auctions which are already in progress.
In case of auctions where Users have bought seats and/ or the auction is in progress
and is suspended/ cancelled by Dealite, Dealite may refund the bids placed by the
Users in the auction for buying seats and or placing bids at its sole discretion,
and will have no liability whatsoever to refund the bids placed in the auction.
The auction ends when the auction
clock reaches zero. The last Bidder is declared the winner. The winner then will
have an option to purchase the item by paying the final item price reached (plus
shipping, taxes, etc. as applicable) and providing the necessary information like
shipping address, etc. This option to purchase the item will be offered for a limited
period of time (usually till 72 hours after the auction ends) after which the option
to purchase the item is revoked. Disputes over auction winners will be decided based
on the records maintained by Dealite. Decisions made by Dealite on who the last
Bidder is shall be final and binding.
In the event that You as a winner
have not paid the necessary amount to exercise the option to purchase the product
within the limited timeframe, Your option to purchase the product expires. In the
event of such an option expiry, the winning User’s right to ownership and delivery
of the item will be permanently revoked. There is no entitlement to refund bids,
submitted by You to buy seat and/ or place bids in any circumstances including but
not limited to the winner not exercising his/ her option to purchase the item.
Dealite may offer the “Buy It Now”
option to participating Bidders who have been outbid (i.e. did not win the auction).
“Buy It Now” may allow You, as an outbid participating Bidder in that auction, an
option to purchase the item at Dealite Price less the amount already spent by You
on the bids submitted by You in the auction; this excludes any Free Bids or any
other types of bids which You have not purchased. In the event this amount (to be
paid to exercise “Buy It Now” option) turns out to be negative i.e. amount spent
by You on bids placed and auction buy seat is higher than the Dealite item price
specified, then You may not have to pay anything additional with regards to the
item purchase price but will not get the excess bids/ amount back while receiving
the item. The option to “Buy It Now” will be offered for a limited period of time
(usually till 72 hours after the auction ends) after which the option to “Buy It
Now” stands automatically revoked.
In the event that You as a participating
bidder who has been outbid and has been offered the “Buy It Now” option but do not
pay the necessary amount and/or provide necessary information like shipping address,
etc. to exercise the option to purchase the product within the limited timeframe,
the option to purchase the product expires. You agree that you are not entitled
for any refund of bids, submitted by You to buy seat and/or place bids in any circumstances
including but not limited to Your not exercising the “Buy It Now” option to purchase
the item. It is necessary that You understand the auction type and it is the User’s
responsibility to read the necessary detailing of the Auction working, rules and
regulations available on the Website (under various sections like ‘How It Works’,
FAQ, etc.) before considering to participate in the Auction. Please refer to the
‘How It Works’ and ‘FAQ’ sections on this website, incorporated in this Agreement
by way of reference and forming part of this Agreement, for more details. No refunds
shall be made in event of User ignoring to understand the Auction rules, regulations,
terms & conditions before participation.
Dealite has full right to, at any
time, change the way an auction is held, any of the auction parameters, auction
elements, auction rules and regulations including but not limited to item start
price (when the auction starts), Dealite Price, duration of the auction, amount
by which the item price increases and/ or time by which the auction duration increases
when a bid is placed, option to purchase the item on winning the auction or as a
participant in the auction during or end of the auction, etc. and You irrevocably
and unconditionally hereby agree and consent to this right of Dealite.
As a Registered User, Dealite may
allow You the following: Online Shopping Platform
You can assist Dealite to host auctions
for the items displayed in the Sell section of the Website, in accordance with the
rules, regulations, terms and conditions in general and specifically in conformance
with those for co-hosting auctions on the Website.
You can choose any of the items displayed
in the Seller Catalog section to co-host an auction by paying the item deposit/
advance amount as mentioned for the item. You will then be required to decide on
number of seats (number of Bidders permitted in that auction), seat cost (bids per
seat) and auction start date & time. You can choose from one of a number of seats
& seat cost option combinations available for that item. You will also be required
to choose the auction start date & time from within the allowed limited timeframe
(usually within 10 days from the time You pay the item deposit/advance).
Dealite reserves the right to remove
or cancel any of the auctions co-hosted by You at its own discretion. In no way,
including but not limited to payment of the deposit/advance, do You gain ownership
or have any claim whatsoever on the item for which You are allowed to co-host auction(s)
on the Website.
When the auction ends, You may be
entitled for a payout based on the payout structure specified. The deposit/ advance
would also be credited back to You at the end of the auction after deduction of
any pending charges/payments by You, if any, along with the payout, as applicable.
Please refer to the ‘Seller FAQ’ and ‘How To Sell’ section on this website, incorporated
in this Agreement by way of reference and forming part of this Agreement, for more
details on the payout structure and Registered User. You are responsible to bear
and pay all applicable taxes and duties, whether international, national, state
or local, however designated, which are levied or imposed or may be levied or imposed,
with respect to the payout, deposit/advance and processing fee related to You.
In case, for whatever reason, the
auction is cancelled, Dealite at its own discretion, may give an option to co-host
another auction for the same item within a limited timeframe (usually 72 hours from
the time the auction got cancelled). In the event that the You do not exercise this
option to co-host another auction of the same item within the specified timeframe,
the option to co-host another auction for the item expires and a processing fee
would be payable by You to Dealite. The processing fee would be recovered from the
deposit/ advance submitted by You to co-host the auction, before crediting the deposit/
advance back to You. If the processing fee cannot be fully recovered from the deposit/
advance submitted by You then You agree to pay the remaining amount to Dealite within
7 days from the date that the processing fee is applicable. Dealite reserves the
right to issue a warning, temporarily/ indefinitely suspend or terminate Your membership/
account of the Website and refuse to provide You with access to the Website in case
of non-payment of fees by You to Dealite. Dealite also reserves the right to take
legal action in case of non-payment of such fees by You to Dealite.
Dealite has full right to, at any
time, modify, change, edit and or restrict the functionality of this Website which
is available to You as User or Registered User, the deposit/ advance amount required
to be submitted by You to co-host the auction along with Dealite, the payout structure,
option to co-host the auction for the same item for which the earlier auction You
co-hosted got cancelled and the processing fee; and You irrevocably and unconditionally
hereby agree and consent to this right of Dealite.
You agree, understand and acknowledge
that Dealite.in is an online shopping platform/ venue for vendors to showcase and
to offer for sale various products to the Users to bid and/ or buy on the terms
and conditions indicated therein. You agree, understand and acknowledge that this
Website is an online platform that facilitates the auction and shopping transaction
between the vendor and the customer, and offers to the Vendor its services (including
Dealite Bid Voucher service) for facilitating online auction, order booking and
sale of the Vendor’s product to ensure customer satisfaction on behalf of the Vendor.
Dealite is only a facilitator, an intermediary and is not and cannot be a party
to or control in any manner any transactions between the Vendor and the Customer/
Buyer. Dealite shall neither be responsible nor liable to mediate or resolve any
disputes or disagreements between the Users. Reviews, Comments, Communications,
and other Contents
Dealite shall neither be liable nor
responsible for any actions or inactions of Vendors or any breach of conditions,
representations or warranties by the Vendor or manufacturer of the products.
Dealite does not ensure that the Users
shall perform their obligations in respect of the bidding and/ or transaction concluded
on this Website and further expressly disclaims any warranties or representations
express or implied in respect of quality, safety, merchantability, fitness for a
particular purpose, or legality of the products listed and transacted on this Website.
You further agree and undertake that
You are accessing the services available on this Website including but not limited
to the Dealite Bid Vouchers service, bidding, transacting, etc. at Your sole risk
and are using Your best and prudent judgment before doing any activity and/ or entering
into any transaction through this Website. You irrevocably and unconditionally hereby
agree and consent that Dealite is in no way responsible and liable in any way for
Your actions on this Website including but not limited to You buying bids, seat,
products, submitting/ placing bids, co-hosting auctions, etc.
Dealite is not responsible for unsatisfactory
or delayed performance of services or damages or delays as a result of items, which
are out of stock, back ordered, returned undelivered or otherwise unavailable. All
items are offered only for a restricted time and only for the available supply/
till stock lasts.
Dealite accepts no liability for any
errors or omissions, whether on behalf of itself or third parties.
Dealite is not responsible and shall
not be responsible for any non-performance or breach of any contract entered into
You understand, agree, commit and
are obliged to pay for all the orders placed by You through an acceptable method
of payment as established by this Website and Dealite may call for and require additional
verification or information to approve the payment.
After the receipt of payment from
the Buyer for the item, the Vendor shall arrange for the delivery of the product
to the buyer at the shipping address provided by the Buyer.
The address at which delivery of the
product ordered by You is to be made should be correct and proper in all respects.
You understand and agree that Dealite and/ or Vendor will have right to charge You
for any additional expenses incurred and/ or services availed in the event that
address of delivery of product is not correct and proper in all respects.
Any and all orders placed by You on
this Website are a firm commitment to purchase, and You are obligated to complete
the transaction and not contest it in anyway.
Before placing an order You are advised
to read and understand the product description carefully. By placing an order for
a product You agree to be bound by the conditions of sale included in the item's
Visitors or Users of this Website
may post reviews, comments, and other content and submit suggestions, ideas, comments,
questions or other information, wherever required or permitted. "Your Information"
is defined to include any information You provide to Dealite, Vendor or other Users
of the Website while using this service, bidding, buying, in the feedback area or
through any e-mail feature. You are solely responsible for Your Information, and
we act only as a passive conduit for Your online distribution and publication of
Your Information. Solely to enable Dealite to use the information You supply us
with, so that we are not violating any rights You might have in Your Information,
You hereby agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, display, exercise the copyright, publicity,
and database rights (but no other rights) You have in Your Information, in any media
now or in future known, with respect to Your Information. You represent and warrant that You
own or otherwise control all of the rights to the content that You post; that the
content is accurate; that use of the content You supply does not violate this policy,
rules and regulations and will not cause injury to any person or entity; and that
You will indemnify Dealite or its shareholders, vendors, affiliates and partners
for all claims resulting from content You post or supply. Dealite has the right
but not the obligation to monitor and edit or remove any activity or content. Dealite
takes no responsibility and assumes no liability for any content posted by You or
any third party. You are solely responsible for Your
Information and Your information: Your Account, Password & Security
Dealite reserves the right (but not the obligation) to remove or edit such content, but does not take the responsibility to regularly review posted content. You shall abide by all the notices and all the terms & conditions (updated from time to time) contained and mentioned herein this Agreement, in good faith and with due diligence and care. You shall not use this Website, services and/ or materials therein for any purpose that is unlawful or prohibited by these Agreement and Notices. You shall not use this Website, services and/ or materials therein in any manner which could damage, disable, overburden and/or impair this Website or any services therein or the network(s) connected to this Website and interfere with other User’s use and enjoyment of this Website and/ or services therein. You shall not attempt to gain unauthorized access to any service on this Website, other Users’ Account, Computer systems or networks connected to this Website through hacking, password-mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available to You through this Website. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach this clause or elsewhere. Certain elements of this Website will contain material submitted by other Users, vendors, third parties or otherwise. Dealite accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. Part of this Website may contain advertising/ other material submitted to Dealite by third parties. Responsibility for ensuring that material submitted for inclusion on this Website complies with applicable laws is exclusively on the advertisers and Dealite will not be responsible for any claim, error, omission or inaccuracy in advertising material. Dealite reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on this Website will be subject to Dealite terms and conditions which are available on request.
| shall not be false, inaccurate or misleading; |
| shall not be fraudulent; |
| shall not infringe any third party's intellectual property, trade secret or other
proprietary rights or rights of publicity or privacy; |
| shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; |
| shall not be indecent, obscene or contain pornography or contain an "indecent
representation of women" within the meaning of the Indecent Representation of Women
(Prohibition) Act, 1986; |
| seditious, offensive, abusive, liable to incite racial or religious hatred, discriminatory,
menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach
of privacy or which may cause annoyance or inconvenience; |
| which constitutes or encourages conduct that would be considered a criminal offence,
give rise to civil liability, or otherwise be contrary to the law; or |
| shall not be or include material that is technically harmful (including, without
limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful data) or other computer programming
routines that may damage, detrimentally interfere with, diminish value of, surreptitiously
intercept or expropriate any system, data or personal information; |
| shall not create liability for us or cause us to lose (in whole or in part) the
services of our ISPs or other suppliers; |
| that is in the nature of political campaigning, commercial solicitation, chain
letters, mass mailings or any form of ‘spam’; and |
| that is illegal in any other way. |
You will be able to access some areas of this Website without registering with us. However, certain areas of this Website are only open to You if You register with us, which You must do by providing Dealite with current, complete and accurate information as prompted by the applicable registration form. You then will choose a Username and a password to login/ access Your account ("Account"). Dealite reserves the right to cancel an account, refuse registration or change a Username if it is found to be offensive, illegal, infringing upon the rights of others or if it breaches this Agreement in any other way. You are entirely responsible for maintaining the confidentiality of Your Password, Account, and credit card information. Furthermore, You are entirely responsible for any and all activities that occur under Your Account. You agree to notify Dealite immediately of any unauthorized use of Your Account or any other breach of security. Dealite will not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge. However, You could be held liable for losses incurred by Dealite or another party due to someone else using Your Account, either with or without Your knowledge. You shall not use anyone else’s Account at any time. Dealite reserves the right to limit in its sole discretion the number of user accounts per household and/ or the number of auctions You may participate in. A single credit card, debit card or bank account may not be used in conjunction with multiple user accounts. Suspension due to Non-Compliance with Agreement
You are responsible for all uses of Your Account (under any username or password) and for ensuring that all use of Your account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of Your User Account’s Password(s).
The Personal Information provided by You for the purposes of registration must be current, truthful, accurate and complete, and must be updated regularly so that it remains, at all times, current, truthful, accurate and complete.
You agree and understand that Dealite service may be advertising supported and You grant Dealite the right to disclose the aggregate Registration Data to third parties in connection with marketing the Services. Furthermore, You agree and grant Dealite the right to use Your individual Registration Data to provide targeting of advertisements and other Service offers.
Any non-compliance with the above and in general to the terms and conditions of this Agreement may subject You to civil and criminal liabilities, penalties, non-registration and/ or de-activation of Your existing Account with this Website without notice or intimation of any kind to You.
Credit card details
You agree, understand, undertake and confirm that the credit/ debit card details provided by You for making payments for Product(s) purchased through Dealite will be correct, current, complete and accurate and You shall not use the credit card/debit card or any other bank account which is not lawfully owned by You. The aforesaid information provided by You will not be shared by Dealite with any of the third parties unless required by law, regulation or court order or for facilitating and completing the purchases made by You. Dealite or its Vendors will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your ID/ password/ credit card details/ account details in any way.
Notwithstanding other legal remedies that may be available to Dealite, Dealite may in its sole discretion limit User activity by either temporarily or indefinitely suspending or terminating User membership, and/ or refusing to provide User with access to the site if: Product Description & Pricing
You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the auction process, bidding and/ or prices of any item or services being auctioned, sold or purchased on the Website. You shall not attempt to or circumvent or manipulate our payout and fee structure, the billing and payout process or any fees owed to Dealite. Illegal and/ or unauthorized use of the service, including unauthorized framing of or linking to the Dealite site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
| The User is in breach any of the terms and conditions of this Agreement and/ or the terms and conditions of usage of the service; |
| The User has provided wrong, inaccurate, incomplete or incorrect information; |
| Any conduct by You which Dealite, in its sole discretion, considers to be unacceptable; |
| Your actions may cause any harm, damage or loss to the other Users or Dealite. Dealite may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Dealite or use the Website in any manner whatsoever until such time that such User is reinstated by Dealite. Notwithstanding the foregoing, if You breach this Agreement or the documents it incorporates by reference, Dealite reserves the right to recover any amounts due and owing by You to Dealite and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.; or |
| If Dealite is unable to verify or authenticate any information You provide. | Dealite and/ or the Vendor will attempt to be as accurate as reasonably possible while providing Product descriptions and pricings. However, Dealite or Vendor do not warrant that descriptions or other content or prices related to the Products or other information and content contained in this Website is accurate, complete, reliable, current, or error-free. If a Product showcased on this Website on behalf of any Vendor is found by You not to be as described, upon receipt of the same in pursuance to placing an order on the Vendor through the Website, Your sole remedy is to return it in unused condition to the Vendor. Except where noted otherwise, the Dealite Price/ Selling Price/ MRP/ MOP/ List Price displayed for Products on this Website represents the full retail price suggested/offered by the manufacturer or supplier or the Vendor or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Dealite Price/Selling Price/MRP/ MOP/ List Price is a comparative price estimate and may or may not represent the prevailing price in every area and/or on any particular day. The prices may vary from the day on which it published on this Website for the first time and the actual day of placing the order, and may also differ from State to State depending on the place/ region of proposed delivery. Further, the MRP shown on this Website may also vary from the MRP shown on any individual package owing to the schemes/ discounts/ special prices offered by the Manufacturer/ Marketer for the Product(s) in separate lots. In this regard, for certain products those are offered as a set/ pack/ combo/ arrangement, the Dealite Price/ Selling Price/ List Price may represent “open-stock” prices, which mean the aggregate of the estimated or suggested retail price for each of the items included in the set/ pack/ combo/ arrangement. For the ‘Buy It Now’ option, the item price would be calculated taking into consideration the Dealite Price, while for the item purchase option for the User Winning the Auction, the item price would be the final item price reached for the item when the auction ended successfully. You irrevocably and unconditionally hereby agree and consent to receive information/ offers/ promotional mails and messages pertaining to Products and services offered by Dealite and/ or Vendors to You from time to time. You fully understand and agree that this Website is a venue for Vendors to showcase their Product(s) and for Users to view the Product(s) which the Vendor intends to sell to its customers through this Website through one or more sale formats including but not limited to different auction and/or fixed price formats. Such transactions may or may not be concluded through this Dealite Website. Dealite is not and cannot be a party to or control in any manner any transaction between You and the Vendor. Consequently You understand, declare and agree that: Risk of Loss
| All commercial/ contractual terms governing the purchase of Products by You from Vendor in an on-line/ off-line/ off-Website transaction between You and the Vendor are offered and agreed to between You and the Vendor 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 after sales services related to Products. Vendor shall invoice/ bill directly to the Buyer. Neither Customer nor Vendor shall raise any claim on Dealite in this regard. |
| Dealite is not responsible for any non-performance/ delay or breach of any contract entered into between You and the Vendor in an on-line/ off-line/ off-Website transaction concluded between You and the Vendor. |
| Dealite does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the Products or services showcased on this Website. In particular, Dealite does not implicitly or explicitly support or endorse the sale or purchase of any Products or services showcased on this Dealite Website, through any on-line/ off-line/ off-Website transaction between You and the Vendor. |
| Dealite does not make any representation or Warranty and takes no responsibility with respect to the recommendations/ suggestions made by Dealite in relation to the Products/ services on this Website. Dealite clarifies that such recommendations/ suggestions are based on attractive pricing of Products/ services and discounts or special prices offered or any scheme or set/ pack/ combo/ arrangement or sale format on this Website. Users shall rely upon such recommendations at their own risk. |
| Dealite does not at any point of time during any transaction between You and the Vendor conducted off this Website in relation to any Product showcased on this Website come into contact with or takes possession of any of the Products offered by the Vendor; neither does it at any point gain title to or have any rights or claims over the Products offered by the Vendor. |
All products purchased using this service are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to You upon the delivery to the carrier by the vendor/ merchant/ affiliate/ manufacturer. Indemnity
You agree to defend, indemnify and hold harmless Dealite, its shareholders, vendors, affiliates, third-parties, partners, and their respective directors, officers, employees, agents and their successors and assigns from and against all claims, demands, losses, damages, liabilities, expenses, actions, including, but not limited to, reasonable attorney fees, made by any third party, arising out of the use of this Website by You or through Your User Account or any breach of this Agreement by You or Your violation of any law, rules or regulations or the rights of a third party. Disclaimer of warranties and limitation of liability
Dealite expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. Dealite also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Dealite does not warrant that this site, its servers, or e-mail sent from Dealite are free of viruses or other harmful components. Dealite will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Fees and Services
The service(s) of Dealite is provided on an "as is" basis without warranties of any kind, whether express or implied. Dealite does not represent or warrant maintaining the confidentiality of information; although Dealite’s current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood that all warranties, implied or express take place between the vendors and the User. Dealite does not endorse in anyway any advertisers/ contents of advertisers on its web pages or other communication.
Dealite will not be responsible for any monetary or other damage suffered by Users from use of the services on this Website including, but not limited to, on account of delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Website or any interruption or errors in the operation of this Website. This without limitation includes loss of revenue/ data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act/ omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Dealite shall have no liability to You for any interruption or delay in access to the Website irrespective of the cause.
User agrees and acknowledges that User shall be solely responsible for User's conduct and that Dealite reserves the right to terminate Your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the Government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall Dealite, its vendors, affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Dealite Website/ services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this Agreement.
Dealite therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/ availability of any of the products/ goods/ services/ or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by Your visit and/ or transaction(s) on this Website.
Dealite shall not be liable for any delay/non-delivery of goods by vendors, trade organization(s), manufacturer(s), shop(s) etc. due to flood, fire, wars, acts of God or any cause that is beyond the control of Dealite.
Notwithstanding anything contained herein, Dealite acts only as booking agent/ platform to facilitate/ integrate transactions between Buyers and Vendors through various platforms (online web store, call centre, mail order catalogues, SMS. etc., as applicable) for various vendors/ affiliates/ merchants and shall in no way be responsible for any quality of product, damages, losses, expenses and/ or taxes incurred by Users for the products or if the vendors/ affiliates/ merchants are not able to service the order of the User for any reason or any misrepresentation of any sort by the vendors/ affiliates/ merchants. You further agree and acknowledge that Dealite shall not be liable if the description of goods supplied by the Vendor do not match/ correspond with the description provided at the time of participating in the auction and/or placing of order by the Buyer. In no event shall Dealite, its directors, officials, representatives and employees be liable for any damages or claims relating to auctions hosted or products sold through its various platforms including this Website.
All prices, unless indicated otherwise, are in Indian Rupees. Availability of products is subject to change without prior notice at the sole discretion of Dealite and orders can be cancelled if the product goes out of stock.
Dealite reserves the right to refuse or cancel any order placed for a product that is listed and/or auctioned at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/ or payment been levied via credit card or cheque or otherwise. In the event the payment has been processed by Dealite the refund amount shall be credited to Your credit card account and duly notified to You by email or sent by cheque.
In a credit/ debit card transaction, You must use a credit/ debit card that is issued in the name of the User. Dealite will not be liable for any credit/ debit card fraud because of the card being used fraudulently. The liability to use a credit/ debit card or a net banking transaction fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.
Any request for cancellation of orders once duly placed on the Website, shall not be entertained.
In the event that a non-delivery occurs on account of a mistake by You (i.e. wrong name or address) any extra cost incurred by Dealite and/ or Vendor for re-delivery shall be claimed from the User placing the order.
All products are duly screened and assured by the vendors to ensure that the products are of the standard, quality, composition, style or model that they represent and as displayed on the Website on behalf of the vendor/ affiliate/ merchant/manufacturer. All and any additional information/ description, etc. for a product that is displayed on Dealite is on behalf of the vendor/ merchant/ affiliate/ manufacturer and is as provided to Dealite. Dealite does not take any responsibility for any incorrect or error in the display of such information.
Dealite and its vendors reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.
Membership on the Website is free. Dealite does not charge any fee for browsing, bidding and buying on the Website. However, as a Registered User, before you co-host auctions along with Dealite, we request you to review our Fees/charges and related policies in the ‘Seller FAQ’ and ‘How to Sell’ section on the Website, which is hereby incorporated by reference into this Agreement and forms part of this Agreement. Dealite reserves the right to change its Fee and related policies from time to time. In particular, Dealite 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 Dealite reserves the right to introduce fees for the new services offered or amend/ introduce fees for existing services, as the case may be. Taxes
You are responsible to bear and pay all applicable taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and associated with the use of the Website by You. Return and Refund Policy
There will be no refund of bids submitted by You to buy seat and/ or place bids in any case. In the event that an auction gets cancelled, removed, withdrawn and/ or terminated, crediting the bids paid by the User to buy a seat for that auction back to the respective User’s account is entirely on the discretion of Dealite and you agree not contest it in any way or hold Dealite liable for any credit/ refund demand of such bids.
No refunds will be issued for excess bids placed on an auction including but not limited to cases where total bids placed/ submitted by You in an auction is more than the Dealite Price of the Item in the auction. No Bid credits will be issued for excess bids placed either.
We only accept returns if the item shipped to You is defective or damaged. Unless notified to Dealite or Vendor to the contrary at the time of delivery and/ or within 48 hours of receipt of Product by Buyer, Product shall be deemed to have been accepted by Buyer as being in good condition. In case the product is defective or damaged, the product may be returned by Buyer for a replacement within 48 hours from the time of receipt of Product or in accordance with the any specific "Return Policy" stated for that product by Dealite or the Vendor. Product returned under this policy must be received by the Vendor in as-new or unused condition and in full conformance with the invoice specifications (all other items/ accessories, if any delivered with the Product must be returned). In case of electronic items, once Manufacturer’s seal is broken, the Product shall not be returned. It is clarified that, the Buyer shall not make any claim in respect of the Product upon the expiry of 48 hours from the time of receipt/ acknowledgement of the Product. In no case will the return of an item entitle You to a refund of the Bid Vouchers and/ or amount used to win or purchase the item.
This Website may contain links to other web sites or You may be linked through other web sites (‘Linked Sites’). The Linked Sites are for Your convenience only and You access them at Your own risk. We are not responsible for the content of the Linked Sites, whether or not Dealite is affiliated with sponsors of the sites. We do not in any way endorse the Linked Sites. Agency
None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between You and Dealite and You shall have no authority to bind Dealite in any manner whatsoever. Captions & Interpretations
The clause and sub-clause headings used in this Agreement are intended solely for convenience of reference and shall not in any way or manner amplify, limit, modify or otherwise be used in the interpretation of this Agreement. Arbitration
All the disputes and differences arising between the parties hereto, including any dispute or difference in regard to the interpretation of any provision or term or the meaning or validity thereof, or in regard to any claim of one party against the other or in regard to the rights and or obligations of any party or parties hereto under this Agreement, shall be referred to a sole arbitrator, who shall be a neutral third party nominated by Dealite. The arbitration shall be governed by the provisions of The Arbitration Act, 1996, and any amendments/ re-enactments made thereto, for the time being in force. The place of such arbitration proceedings shall be Mumbai in India. The arbitration proceedings shall be conducted in English language. Each party shall bear the cost of arbitration equally unless awarded otherwise by the sole Arbitrator. The award shall be final and binding upon all the parties to the arbitration. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Republic of India only. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, for the review of any arbitration decision or proceeding or for any other matter arising out of or in relation to the use of the service. Trademarks
All trademarks/ service marks appearing on this Website are the property of their respective owners or licensors. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on this Website, whether of Dealite or its licensors or its vendors or any third party. Copyrights
This Website is controlled and operated by Dealite. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. This Website, including all components and materials are protected by Indian and International Copyright Laws and international treaties as a collective work and/ or as a compilation and/or as individual works. Entire Agreement
Access and use of the Website and the services does not grant You any right or license to the copyrighted material, trademarks, trade names, logos, images, or other proprietary information of Dealite and its licensors.
You agree that this Website as a whole and the materials on this Website are protected by the Intellectual and Industrial property rights including Copyrights, Trademarks’ rights and other proprietary rights which rights are valid and protected in all media existing now or developed later, and all use of the materials shall be in accordance with such rights and the terms of this Agreement.
This Agreement, together with the various rules made for governing of certain services on this Website, constitutes the entire understanding between the parties with respect to the subject matter of this Agreement hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any part of this Agreement 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 Agreement shall be valid and enforceable to the fullest extent permitted by law. © 2012 Dealite Services Pvt. Ltd. All Rights Reserved.
No failure on Dealite’s part to exercise, no delay in exercising, and no course of dealing with respect to any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege under this Agreement. All the clauses as above shall survive the termination or expiry of this Agreement.