By subscription to or usage of the services offered, you have confirmed to have taken note and acknowledged the Terms & Conditions laid down hereunder. You are legally bound by the Terms & Conditions upon subscription or usage of our services. These Terms & Conditions supersede all earlier representations, understandings, or agreements and shall prevail despite any variance with any other terms in relation with any order placed or service provided by Dhainik. Accessing, browsing or using the site in any other way indicates your consent to all the Terms & Conditions in this agreement. All products/services and information displayed on dhainik.com constitute an ‘invitation to offer’.Any order you make constitutes your ‘offer’ which shall be subject to the Terms and Conditions as listed below. If you do not want to be bound by the terms, you must not subscribe to or use our services. Dhainik reserves the right to accept or reject your offer.
As used in this document, the following terms shall have the following respective meanings:
‘Agreement’ shall refer to this document with Terms and Conditions including all schedules, appendices, annexes, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time. ‘We’ / ‘Us’ / ‘Our’ / ‘Dhainik ’ /’shop.dhainik.com’/’website’ shall refer to the online shopping platform and the services provided by it, which are owned and operated by Dhainik Fashions Limited and its affiliates. ‘Product/Products’ shall mean and include the goods/merchandise/products /services /offers /display items that are uploaded/ showcased/ displayed on dhainik.com and the related description, information, procedure, processes, warranties, delivery schedule, etc. ‘Customer’ / ‘buyer’ shall refer to the person or any legal entity who accepts the offer for sale on dhainik.com by placing an order for and purchasing any product offered for sale. ‘User’ / ‘you’ shall refer to and include any person or legal entity that uses or accesses the services provided on Dhainik. ‘Service Providers’ shall refer to the independent third-party service providers.
INTRODUCTION:
The website dhainik.com is an Internet-based content platform and e-Commerce portal owned and operated by Dhainik Fashions Limited, a company incorporated under the laws of India.
Use of the website by you will be based on the condition that you accept all the terms, conditions and notices contained in these terms, as they may be posted on the website from time to time. We always have the sole discretionary right, not to accept a user from registering on the website without assigning any reason thereof.
USER ACCOUNT, PASSWORD, AND SECURITY:
You will receive a password and be designated an account upon completing the website’s registration process. You will be responsible for maintaining confidentiality of the password and account and for all activities that occur within your account.
You agree to:
- Immediately notify dhainik.com of any unauthorized use of your password or account or any other breach of security.
- Ensure that you exit from your account at the end of each session.
Upon failure or negligence on behalf of the end user to observe the above conditions/ modalities provided above, we inform that we shall not be liable for any loss or damage arising on account of your non-compliance or negligence.
SERVICES OFFERED
dhainik.com provides a number of Internet-based services through the website ( collectively ‘Service’). One such service enables users to purchase original merchandise such as clothing (hereinafter collectively referred to as ‘Products’). Upon placing an order, dhainik.com shall ship the product to you and you shall be entitled to payment for the services.
PRIVACY POLICY
The user hereby consents, expresses, agrees, acknowledges that he has read and fully understood the Privacy Policy of dhainik.com, the website. The user further consents that the terms and content of this Privacy Policy are acceptable to him/ her.
Dhainik reserves the right to send promotional messages to your registered mobile number and email id. If you wish to opt out of such messages, you can unsubscribe using the unsubscribe link provided in the message or mail.
LIMITED USER
The user agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from this website.
USER CONDUCT AND RULES
You agree and undertake to use the website and the service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the website on another person’s computer.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Service that you know, or reasonably should know, or be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Violate any code of conduct or other guidelines, which may be applicable to any particular service.
- Violate any applicable laws or regulations for the time being in force, in or outside India.
- Violate any of the Terms and Conditions of this Agreement or any other Terms and Conditions in relation to the use of the website contained elsewhere herein.
USER WARRANTY AND REPRESENTATION
You, as the user, guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorize to use. The content shall not infringe the rights (inclusive of intellectual property rights) of any third parties. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright, formerly or currently used by you in connection with the services rendere by dhainik.com.
TERMS & CONDITIONS FOR PRE-BOOKING VOUCHERS
- Pre Booking voucher will be offered in the form of E-Voucher Sent via SMS and Email*
- Pre-booking voucher can be redeemed across any Dhainik Exclusive brand store in India.
- Pre-booking voucher will be sent as E-Voucher to the mobile number given by the customer at the time of transaction.
- Pre booking voucher cannot be clubbed with any other Coupon / Promotional Offer running inside Dhainik stores.
- Pre-booking voucher must be redeemed in full; partial redemption of the voucher is not allowed.
- Pre-booking voucher cannot be exchanged for cash / cheque
- Holder of the Pre-booking E-Voucher is deemed to be the beneficiary
- One E-Voucher can be redeemed on a single bill only
- Voucher is valid for 30 days from the date of store opening*
- Other Terms and Conditions apply
EXACTNESS NOT GUARANTEED
dhainik.com hereby disclaims any guarantees of exactness of the finish and appearance of the final Product to what the user saw and ordered online . The quality of any products, services, information, or other material purchased or obtained by you through the website may not meet your expectations. Information about prices, products and services is for informational purpose only. The product images are for representation only. We cannot guarantee that information is 100% correct. We will not be liable for any omissions, errors or delays or any kind of losses, injuries, and damages arising from its display or use.
Dhainik and its affiliates attempt to be as accurate as possible. However, it does not warrant that the product description or other content or prices/amounts on this site is accurate, complete, reliable, current, or error-free. If a product offered by Dhainik itself is not as described, your sole remedy is to return it in unused condition.
INTELLECTUAL PROPERTY RIGHTS
USER CONDUCT AND RULES
Unless otherwise indicated, or anything contained to the contrary of any proprietary material owned by a third party and so explicitly mentioned, dhainik.com owns all Intellectual Property Rights to, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text notwithstanding the foregoing. It is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any kind of text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Services. However, with regards to the product customization Service (as against other services like blogs and forums) you expressly agree that by uploading and posting content on to the website for public viewing and for reproduction/use of your content by third-party users, you accept the user whereby you grant a non-exclusive license for the use of the same tent, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the website belonging to dhainik.com without obtaining authorization from dhainik.com.
LINKS TO THIRD PARTY SITES
The website may contain links to other websites (‘Linked Sites’). These Linked Sites are not under the control of dhainik.com and the website is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates that happen on a Linked Site. dhainik.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. dhainik.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of it by dhainik.com or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
Dhainik has made this service available to use as a matter of convenience. Dhainik disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Dhainik does not warrant that this site, its servers, or emails sent from Dhainikare free of viruses or other harmful components. Dhainik will not be liable for damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. Dhainik will not be responsible for any damage suffered by users from the use of the services on this site. This, without limitation, includes the 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 damage or injury caused by 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 behaviour, negligence, or under any other cause of action. dhainik.com has endeavored to ensure that all the information on the website is correct, but dhainik.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service. In no event shall dhainik.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- The use or the inability to use the services
- Unauthorized access to or alteration of the user’s transmissions or data
- Any other matter relating to the services ,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 website or Service. Neither shall dhainik.com be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, dhainik.com shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Dhainik ’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
User agrees and acknowledges that he/she shall be solely responsible for his/her conduct and that Dhainik reserves the right to terminate their 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 Dhainik , its 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 Dhainik sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
shall not be liable for any delay / non-delivery of purchased goods due to flood, fire, wars, acts of God or any cause that is beyond the control of Dhainik .
Notwithstanding anything contained herein, in no event shall Dhainik , its directors, officials, representatives, and employees be liable for any damages or claims relating to products sold through its various platforms. Dhainik shall only provide replacement and/or manufacturer’s warranty in case of Dhainikbranded goods which will vary from goods to goods.
All prices, unless indicated otherwise, are in Indian Rupees. The availability of products is subject to change without prior notice at the sole discretion of Dhainik, and orders can be cancelled if the product goes out of stock. Dhainik reserves the right to refuse or cancel any order placed for a product that is listed 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 such an event, if the payment that has been processed by Dhainik , a 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. Dhainik 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 site, shall not be entertained.
We, as a merchant, shall be under no liability, whatsoever, in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the card holder having exceeded the preset limit, mutually agreed by us with our acquiring bank from time to time.
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 Dhainik for re-delivery shall be claimed from the user placing the order.
Dhainik reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes. Dhainik and its affiliates 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.
INDEMNIFICATION
You agree to indemnify and defend dhainik.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by dhainik.com arising out of, resulting from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
PRICING
Prices for products are mentioned on our website and are incorporated into these Terms for reference. All prices are in Indian rupees. Prices, products, and services may change at Dhainik ‘s discretion.
TERMINATION
Dhainik may suspend or terminate your use of the website or any Service if it believes, in its sole and absolute discretion, that you have breached any Term of Use.
Notwithstanding the above, these Terms will survive indefinitely unless and until dhainik.com chooses to terminate them. If you or dhainik.com terminates your use of the website or any Service, dhainik.com may delete any content or other materials relating to your use of the Service and dhainik.com will have no liability to you or any third party for doing so. You shall be liable to pay for any Service or product that you have already ordered till the time of termination by either party.
GOVERNING LAW
These Terms and Conditions shall be governed by and constructed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the courts at Chennai.
HEADINGS
The headings and subheadings herein are included for convenience and identification only, and are not intended to describe, interpret, define or limit the scope, extent or intent of the terms or the right to use the website by you contained herein or any other section or pages of the website or any Linked Sites in any manner whatsoever.
INTERPRETATION OF NUMBER AND GENDERS
The terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall represent the corresponding masculine and feminine. The words ‘include’, ‘includes’ and ‘including’ shall be deemed to be followed by the phrase ‘without limitation’. Unless the context otherwise requires, the terms ‘herein’, ‘hereof’, ‘hereto’, ‘hereunder’ and words of similar import refer to the terms as a whole.
SEVERABILITY
If any provision of the terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall apply only to such provision or part of such provision, and the remaining part of that provision and all other provisions of these terms shall continue to be in full force and effect.
REPORT ABUSE
As per these terms, users are solely responsible for every material or content uploaded on to the website. dhainik.com does not review the contents in any way before they appear on the website. dhainik.com does not verify, endorse or otherwise vouch for the content by any user or any content generally posted or uploaded on to the website. Users can be held legally liable for their content, and, if their content or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these terms, please report to feedback@dhainik.com.
ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement.
Dhainik Online Sale
- E-Voucher of 10% additional off, applicable only on Dhainik discounted merchandise.
- This E-Voucher is redeemable only at www.dhainik.com
- This E-Voucher will be valid from 30th July till 13th Aug 2020
- This E-Voucher is for the exclusive use of Disney Employees
- This E-Voucher can be redeemed by one mobile number only once.
- Other Terms & Conditions Apply
Dhainik Voucher
- E-Voucher of Rs. 500 off on purchase of Rs.2000
- This E-Voucher is redeemable at dhainik.com & at Dhainik Exclusive Brand Outlets.
- This E-Voucher is valid only on fresh merchandise of Dhainik
- This E-Voucher will be valid till 16th Aug 2020
- This E-Voucher is for the exclusive use of Go Colours customers
- This E-Voucher will be redeemable by one mobile number only once.
- Other Terms & Conditions Apply