Dish Bharat Ventures Private Limited, having its registered office at [First Floor, B-29, Okhla Phase-1, Okhla Industrial Area Phase-I, Delhi, India - 110020] (“Dish Bharat”, “we”, “us” or “our”) manages and operates the mobile/ tablet application and the website available at [●] (“Platform”) which, inter alia, provides services and facilitates the sale and purchase of products listed and sold by third-party sellers (“Sellers”).
Any natural or legal person who accesses and/or uses the Platform in any manner or avails any services (“User” or “you” or “your”) will be subject to these terms and conditions (“Terms of Use”), as updated from time to time and such terms, guidelines and conditions as may be applicable in relation to the use of the Platform (including the Privacy Policy [insert hyperlink], Cancellation and Exchange Policy [insert hyperlink] and Shipping and Delivery Policy [insert hyperlink]) (“Additional Terms”). If these Terms of Use are inconsistent with such Additional Terms, the Additional Terms will be applicable to the extent of such inconsistency.
These Terms of Use constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Terms of Use carefully before using or accessing the Platforms or availing any service. By using or accessing the Platforms or availing any service, you agree to be bound by these Terms of Use and the applicable Additional Terms. If you do not agree with these Terms of Use, you are advised to refrain from using the Platforms.
ACCESS AND USE OF PLATFORMS
You agree and acknowledge that the Platform is a technology platform that enables you to purchase the products from Sellers at the indicated price at any time from serviceable locations. You agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on the Platform. Accordingly, such contract of sale of products on the Platform shall be a contract between you and the Sellers on the Platform.
Dish Bharat will try to make access to and use of the Platforms error-free and without interruptions. However, your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on the Platforms, or for any other reason outside the control of Dish Bharat. Dish Bharat has the liberty to introduce fees for new services or amend existing services. Dish Bharat does not take responsibility for any access or usage problems including failure in transaction that arise from internet related issues at your end. Dish Bharat shall not be responsible for any loss incurred by you for a failed /incomplete transaction made by You on the Platform or on account of any technical error while using the Platform.
Please note that we at all times reserve the right to refuse your access to the Platform, terminate/deactivate your account, remove or edit content on the Platform, at our discretion without any prior notice to you in this regard. We do not warrant that the Platform will be compatible with all hardware and software which is used by User.
ELIGIBILITY
The Platform is available for use and access to users who can form legally binding contracts under the Indian Contracts Act, 1872 and for the purpose of this Terms of Use & Additional Terms shall mean any individual, sole proprietor, company or any other body corporate duly incorporated under the laws of India. . By accepting the Agreement, you affirm that you are fully competent to enter into the Agreement, and to abide by and comply with this Agreement. We reserve the right to terminate your registration and/or access to the Platform if it is brought to our notice or discovered that you are in non-compliance of the above terms.
REGISTRATION AND OPERATION OF YOUR ACCOUNT
In order to use the Platforms, you will have to register on Platform. Registration is a one-time process and is free of cost. You can register by providing relevant information, such as your name, contact details, KYC details and such other details as may be required for creating an account on the Platform. Your login credentials will be created basis the information provided by you, which you can use to access your account at any time. All information shared by you during the registration process, along with your login credentials, are referred to as “Account Information”.
You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your Account Information current and accurate.
You will: (a) immediately inform Dish Bharat of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. Dish Bharat will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use, and for any direct or indirect loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) that is not reasonably foreseeable to us. You may be held liable for any losses incurred to Dish Bharat or any other user due to unauthorized use of their account, resulting from your failure to keep your Account Information safe, secure and confidential. We reserve the right to refuse access to the Platform, terminate account, remove or edit content at any time without notice to you.
TRANSACTION OVER THE PLATFORM
You will use the Platform solely for purchase of Products listed on the Platform.
You shall purchase the Products by making payment of the entire amount equivalent to the value of the Products to the Seller and shipping charges.
Upon placing the order on the Platform, payment shall be made as per the payment modes made available on the Platform. You acknowledge that the Platform or any third party payment service provider engaged by the Platform for payment facility shall only act in the capacity of an intermediary /fiduciary.
You understand and agree that You are fully responsible for all transactions and payments made by You for the products purchased. You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by us or any payment system provider from time to time, in relation to making payments on the Platform.
You further acknowledge that we shall not be responsible, in any manner whatsoever, for any loss incurred by You through use of the Platform.
We reserve the right to engage the services of third-party service providers to provide the logistics services to you.
COMMUNICATION AND UNSUBSCRIPTION
You understand that once you have shared your Account Information and successfully registered on the Platform, you may receive SMS or email notifications from Dish Bharat relating to your registration and transactions on the Platforms. You may also receive such notifications regarding any marketing / promotional activities that maybe available on the Platform from time to time. By sharing your Account Information and registering on the Platforms and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/ NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018. You agree and acknowledge that we may record your calls to provide you the services requested by you and for training purposes to ensure the quality of service.
Dish Bharat may also send notifications and reminders with respect to sale of products through the Platform or the services on the Platform. While Dish Bharat endeavours to provide these notifications and reminders to you promptly, Dish Bharat does not provide any guarantee and will not be liable or responsible for any failure to send such notifications/reminders to you.
You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from Dish Bharat at any time by following the instructions set out in such communications.
LICENSE
Your use of the Platform, the services, and access to the Platform Content (as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on the Platform. You will use the Platform solely for purchases of products, and related actions in accordance with Additional Terms.
The license granted to you in the Platform Content and/ or product materials does not include a license for:
any use of the Platform, the services, Platform Content and/or Product Materials other than as contemplated in these Terms of Use or any Additional Policies;
any downloading or copying of Account Information;
any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of the Platforms; or
creating and/ or publishing your own database that features parts of the Platform(s).
You grant to Dish Bharat a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Platforms. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Dish Bharat, including the execution of deeds and documents, at our request.
Any unauthorised use terminates the permission or license granted under these Terms of Use or any Additional Terms.
PRIVACY
During the course of your registration on and usage of the Platform, we may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, login details, etc. Any personal identifiable information about you shared with us shall be governed by the Privacy Policy which shall be deemed to be included in these Terms of Use, setting out the manner in which your information is collected, stored, processed, used and disclosed. For more information, please refer to the Privacy Policy
CONTENT ON PLATFORM
All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platform or any of the other services are the property of Dish Bharat or its affiliates (“Platform Content”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to the Platform, whether or not displayed on the Platforms, are proprietary to Dish Bharat or its affiliates.
Dish Bharat may display on the Platform any Product Materials of the Sellers, as per the license granted to Dish Bharat by such Sellers. All Product Materials belong to the relevant Sellers and shall be governed by applicable laws and any policies made available by the Sellers.
No information, content or material from the Platform (including the Platform Content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without Dish Bharat’s or Sellers’ express written permission, as applicable. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dish Bharat and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Dish Bharat’s or its affiliates’ names or trademarks without the express written consent of Dish Bharat and/or its affiliates, as applicable. Any unauthorized use terminates the permissions granted in these Terms of Use.
DISCLAIMERS
All information in relation to third parties, including Product Materials (“Third Party Information”) are provided only for reference. Dish Bharat, in its capacity of an intermediary under the applicable laws, is not endorsing Third Party Information and is not responsible for any errors and representation nor is it associated with it, and you shall access the Third-Party Information at your own risk.
The Platform may contain user-generated content which Dish Bharat does not pre-screen, and which contains views that may be opinions of users/ experts. Dish Bharat will do its best to monitor, edit or remove such user generated content where it is necessary to do so (for instance, if such content violates these Terms of Use). Dish Bharat does not promise that the user generated content on the Platform is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
To help you in identifying the products of your choice, description of the products is provided on the Platform by the relevant Seller through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, we disclaim any guarantee or warranty of exactness of such visual representation or description of the product, with the actual product ultimately delivered to users. The appearance/ colour of the products when delivered may differ for various reasons attributable to the Sellers.
The products sold and the services offered on the Platform are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. Dish Bharat does not covenant or provide any representations and warranties:
in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the Product Materials on the Platforms;
that the services will be made available at all times;
that the operation of the Platform, including the functions contained in any content, information and materials on the Platform or any third-party sites or services linked to the Platform will be uninterrupted, or that the defects will be rectified, or that the Platforms or the servers that make such content, information and materials available are free of viruses or other harmful components; and
that the content or Platform Content or Product Materials available on the Platform is complete, true, accurate or non-misleading.
We are not responsible for examining or evaluating, and we do not warrant or endorse the products, Product Materials or any other offerings of any of the Sellers on the Platform. Dish Bharat does not assume any responsibility or liability for the actions, products, and the Product Materials of any of the Sellers and any other third-parties. There may be some content which may not be suitable for users which shall be viewed as per their discretion. The information displayed on the Platform is for informational purposes only and does not amount to or be deemed to be an endorsement of any product or service under any circumstances. Dish Bharat encourages users to assist it in identifying listings on the Platforms, which, according to the users’ knowledge or belief, infringe their rights or third-party rights or are not suitable for users.
To the extent permitted by applicable law, Dish Bharat disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records or content on the Platform.
The offers, discounts and other promotional offers made available to users on the Platform may vary based on factors relating to the users, such as usage of the Platform, volume of transactions, time spent on the Platform, place of residence, etc. Dish Bharat shall not be liable for any claims arising from such offers provided by Sellers on the Platform.
An estimated delivery time of each product will be displayed on the Platform. Delivery timeframes are just estimates and are not guaranteed delivery timeframes and should not be relied upon as such. Deliveries to certain locations may take longer than expected due to accessibility of the location and serviceability by the logistics service provider. The shipping and delivery of the products to you shall be governed by the Shipping and Delivery Policy [insert hyperlink].
USER WARRANTIES AND RESTRICTIONS
You represent and warrant that:
your use of the Platform and/or services will not violate any applicable law or regulation;
all information that is submitted to us in connection with the Platforms and/or services is true, accurate and lawful; and
use of the content and material you supply does not breach any applicable policies or guidelines made available by us and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, Dish Bharat will have the right to reject registration, cancel all orders, and restrict you from using the Platform and/or services in the future without any prior intimation. You agree to indemnify Dish Bharat and its affiliates for all claims brought by a third party against it or its affiliates, including without limitation, claims arising out of or in connection with a breach of any of these warranties.
You will use the Platforms for lawful purposes only and will not undertake any activity through the Platforms that is harmful to the Platforms or its content or otherwise not envisaged under these Terms of Use or any Additional Terms.
You will not do any of the following:
delete or modify any content on the Platforms, including without limitation, Platform Content, Product Materials or any information regarding the services, their performance, sales or pricing;
use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the Platforms;
make false or malicious statements against the Platforms, the services or Dish Bharat;
post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Platforms and/or services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platforms and/or the services;
hack into or introduce any trojans, viruses, any other malicious software of any kind onto Platforms, or scrape the Platforms for any information;
probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the products and/or services are stored, or any other server, computer, or database connected to the Platforms; or
engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the Platforms, any information that, inter alia:
belongs to another person and to which you do not have any rights;
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates or defames another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless Dish Bharat, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platforms or the services, violation of these Terms of Use or any Additional Terms, or infringement of any intellectual property rights or other rights of Dish Bharat or any third-party. Dish Bharat will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide Dish Bharat with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
To the fullest extent permitted by law, in no event shall Dish Bharat or any of its directors, officers, employees, agents or content or service providers (collectively, the “Dish Bharat Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Platforms or the Platform Content, and functions related thereto, the services, provision of information via the Platforms, lost business, even if such Dish Bharat Representatives have been advised of the possibility of such damages.
In no event shall Dish Bharat Representatives be liable for:
the use or inability to use the Platforms and/or the services;
any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platforms;
any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or
any other matter relating to the Platforms or the services.
Dish Bharat is neither liable nor responsible for any actions or inactions of the other users of the Platforms or any breach of conditions, representations or warranties by them. Dish Bharat is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Platforms. Dish Bharat will not be responsible for resolving or mediating any dispute between you and the Sellers.
None of the directors, officials or employees of Dish Bharat shall be personally liable for any action in connection with the Platforms or the services.
ACCESS OUTSIDE INDIA
Dish Bharat makes no representation that the content on the Platform is appropriate to be used or accessed outside India. Any users who use or access the Platforms from outside India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
TERMINATION OF ACCESS TO PLATFORM AND/ OR SERVICES
Dish Bharat reserves the right to suspend and terminate access to the Platform and/ or services in the event of breach of any terms contained in these Terms of Use and/ or Additional Terms, misrepresentation of information, any unlawful activity by you or if Dish Bharat is unable to verify or authenticate any information submitted by you.
You shall not be bound to these Terms of Use upon deletion of your account, provided that you discontinue any further use of the Platforms or services. However, any such termination shall not cancel your obligation to pay for a product purchased through the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period prior to termination.
To ensure that all customers use the Platforms in good faith, we keep track of customer behaviour which includes maintaining order history and other details relating to the manner of use of the Platforms. In the event of any abuse of the Platform or our policies, including without limitation, excessive exchange, refusal to accept shipments which are not otherwise wrong or defective, etc. we may suspend and terminate access to the Platform and/ or services and/ or report you to competent authorities.
FORCE MAJEURE
Dish Bharat will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Dish Bharat’s reasonable control.
WAIVER
No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver is in writing and signed by Dish Bharat. Any waiver by Dish Bharat of a breach, whether expressed or implied, will not constitute a waiver of, or excuse for, any other different or subsequent breach.
SEVERABILITY
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
GRIEVANCE REDRESSAL
You may submit any grievance with respect to the Platform or the services, including any discrepancies or grievances with respect to access or usage of the Platforms in violation of these Terms of Use by any person, to the grievance officer at:
These Terms of Use, all transactions consummated between Dish Bharat and you, and the relationship between Dish Bharat and you are governed by the laws of India, with the courts of Delhi having exclusive jurisdiction.
AMENDMENT
These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on the Platforms. Your use of the Platforms will be governed by the most current version of these Terms of Use, as published on the Platform.
INTELLECTUAL PROPERTY CLAIMS
Dish Bharat and its affiliates are respectful of the intellectual property belonging to others. If you believe that any usage and operations of Dish Bharat infringe your intellectual property rights, please contact us.
MISCELLANEOUS
In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/ embedded in the Platforms and/or services. You agree that Dish Bharat will not be liable for any transaction between itself and any such third parties.
These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by Dish Bharat, for the use of the Platforms, and the rights and liabilities with respect to access to the Platforms to be provided by Dish Bharat shall be limited to the scope of these Terms of Use.
CUSTOMER CARE
In case of any customer support required by you, you may contact us at:
