In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The internet resource www.dudusonline.com and the Nora Business Solutions therein (hereinafter referred to as the “Platform” is owned by Nora Business Solutions (OPC) Private Limited, having its registered office at Kannur, Kerala, India (hereinafter referred to as “Company/Nora”). This document in its present form is the property of the Company, its subsidiaries and assigns as may be created from time to time.
General
By accepting these Terms, you are entering into a legally binding Agreement (“Agreement”) with us.
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
These Terms, along with the others found on our Platform, include our policy for acceptable use of the Platform, its content, the content posted on the Platform, your rights, your obligations, as well as restrictions regarding your use of the Platform.
When you access, browse, or use the Platform, you accept, without limitation or qualification, the terms and conditions set forth herein. When you access or use any of the Services, you will be subject to the rules, regulations, policies and all applicable terms and conditions which shall be deemed to be incorporated into and be a part and parcel of these Terms. When you access any sub-site or any mobile application (whether belonging to an ‘associate’ of the company or otherwise) through this Platform, such sub-site or mobile application may have its own terms and conditions, which are specific to thereto.
We may modify these Terms from time to time and such modification will be effective upon posting on the Platform. You agree to be bound to any changes to these Terms when you use the Platform after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made.
So long as you comply with these Terms, and the Service specific Terms, the Company grants you a non-exclusive, non-transferable, limited right to enter, view, and use this Platform and/or avail Services.
Definitions
“Account” shall mean the account created by the User on the Platform for availing the Services provided and facilitated by dudusonline.
“Applicable Laws” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, by-law, government approval, directive, guideline, or any interpretation, policy or administration having the force of law in India, by any authority having jurisdiction over the matter in question, whether in effect as of the date of this Agreement or thereafter, and the word “Laws” shall be construed accordingly.
“Content” shall mean any text, image, graphic, video, audio, or all forms of data which are made available on the Platform.
“You / User” shall mean the natural person who has gained access to the Platform by providing Registration Data while registering for Services.
“Intellectual Property Rights” shall mean all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world and intellectual property for the full term of the rights concerned and including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection.
“Registered Users” shall mean the users that have registered on the Platform by creating an account and furnishing Registration Data. In the case of parents/guardians making and controlling User accounts for their wards, the parent/guardian shall be deemed to be the Registered User.
“Non-Registered Users” are the users who have not registered on the Platform but may access some limited information.
“Registration Data” shall mean the mandatory and optional data that is submitted by Users as may be required by the Company from the Users from time to time for registration.
“Products” shall mean the products made available for sale on or through the Platform.
“Service(s)” shall mean the services provided and facilitated by Dudusonline through the Platform, including without limitation, the sale of products.
“Third Party” refers to any person other than the “User”, the Company.
“Terms”, “Terms and conditions”, “Policy”, etc., shall mean the entire Terms of Use and all parallel policies that apply for the use of our Platform or availing our Services.
“Dudusonline” or “us” or “we” or “our” shall mean the Company.
Privacy Policy
Our General Privacy Policy is separately available on the Platform and can be perused by you at your convenience.
Features/Functionalities of the Platform
The Company offers the following features for Users on the Platform:
View products, search, filter, and sort items, create a wish list, and share products;Add products to cart and pay for purchases online;Choose delivery or in-store pickup and track the order; andReview, returns, and other after sale service.
Eligibility
You must be of legal age to enter into a binding agreement in order to accept the Terms.
Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘Consent’ as per the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, you are not eligible to register for, use or avail the services available on the Platform.
If you are below 18, your parent or guardian shall create your Account. By accessing or using the Platform, you represent and warrant that you are 18 years or older. In the case of parents/guardians making and controlling User accounts for their wards, the parent/guardian shall be deemed to be the Registered User. Notwithstanding the aforementioned, the minimum age of users shall be 11 (Eleven) and the parent/guardian represents and warrants that the student account created by them shall not be used by someone below 11 (Eleven) years of age.
Registration as a User
The browsing of the Platform is available to all Users, including unregistered Users. Access to specific areas of the Platform is only be available to registered Users.
In the event you are registering on the Platform you are required to provide accurate and complete information sought by Dudusonline. As part of the registration process, you will provide and verify your e-mail address, and name (“Registration Data”). Your account id and password form your credentials for accessing your account and the Services and must not be shared with any other natural or legal person.
You represent and warrant that all information you supply to us, about yourself, and others, including Registration Data, is true and accurate. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or we have reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, we may, in our sole discretion, discontinue the provision of the Services to you or discontinue your access to the Platform by suspending or terminating your Account.
By providing Registration Data, you agree to undergo a Registration Data verification process which may include you providing One Time Password / OTP to verify your e-mail id using the verification link sent to the e-mail address you provide as part of Registration Data.
It is hereby reiterated that all data you provided, including without limitation, Registration Data, shall be subject to the terms set forth in our Privacy Policy, and you represent and warrant that you have the absolute right and authority to provide such data.
In the event you find any content on the website which you deem is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, against any religious beliefs, spam, potentially infringing or is not authorized by the intellectual property rights owner or is violative of any applicable law, you are requested to report such content to support@dudusonline.com . On receiving such report, the company reserves the right to investigate and/or take such action as the company may deem appropriate.
User Account
You are allowed to create and operate only one Account using the Registration Data. In case You are unable to access Your Account, or suspect any unauthorized use of Your Account, please inform Us at support@dudusonline.com and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the resolution of your request.
You are solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned, or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
If your Account has been compromised or we have reasonable grounds to suspect that your Account has been compromised, we may, in our sole discretion, discontinue the provision of the Services to you or discontinue your access to the Platform by suspending or terminating your Account.
Platform
The Platform allows Users to discover and purchase products.
Disclaimer: DUE TO SOME TECHNICAL ISSUES, TYPOGRAPHICAL OR HUMAN ERRORS, IMAGES, RATINGS, PRODUCTS, PRODUCT DESCRIPTIONS, PRODUCT PRICES, TEXT DOCUMENTS AND ANY INFORMATION RELATED TO PRODUCTS, USERS OR CONTENT MAY BE INCORRECTLY REFLECTED ON THE PLATFORM. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE RELIANCE PLACED ON SUCH INCORRECT INFORMATION. WE ASSUME THAT THE PRODUCTS LISTED ON THE PLATFORM ARE AUTHENTIC AND ACCURATE AND THE USERS HAVE THE AUTHORITY TO CARRY ON THE TRANSACTIONS ALLOWED, FACILITATED, OR OTHERWISE ACCESSIBLE ON OR THROUGH THE PLATFORM.
Orders
In the event you so desire, you may place orders for the purchase of Products. Your act of placing an order (hereinafter “Order”) for any products provided on or through the Platform shall be deemed to constitute a contractual offer that may be accepted or rejected by us, at our discretion.
Once an Order is placed, the Order may amended or cancelled, subject to the applicable cancellation policy prevailing at the time of placing the Order. A User may return a Product if it meets the Return and Refund Terms of the Company, subject to the applicable return policy prevailing at the time of placing the Order.
The company reserves the right to undertake all necessary steps to ensure that the security, safety, and integrity of the company’s systems as well as User interests are and remain, well-protected. To this end, the Company may take various steps to verify and confirm the authenticity, enforceability, and validity of Orders.
If the Company, in its sole and exclusive discretion, concludes that Orders are not or do not reasonably appear to be, authentic, enforceable, or valid, the Company may cancel the said Orders at any time up to 48 hours after the Order has been placed.
We are not responsible for stolen or lost items. In the event that a product is stolen or lost, We will do our best to help users upon request, by providing tracking information, as well as screenshots or copies of the sales receipt and possible shipping confirmation, if available.
Refunds and Returns
Cancellation and refund policies might vary depending on product category. In certain cases, only a replacement would be possible, and no refunds or returns would be allowed. Users are requested to verify the applicable cancellations, refunds, and returns policy at time of placing the Orders.
Payment
When you place Orders, you will be required to pay for them either on the Platform or through other modes of payment accepted by the Company. To process such financial transactions, we may use third-party electronic payment processors or service providers (ESPs). You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.
Transactions on the Platform are secure and protected. Any information entered by the User when transacting on the Platform is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by, or retained by the Company in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
The User is hereby expressly made aware that his/her financial statements will reflect that a payment has been made in favour of the Company. The User is further aware that in case of Third-Party statements including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same.
The following payment options are/or may be made available on the Platform:
Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks.Visa & Master Card & Debit cards.Net banking/Direct Debit payments from select banks in India. A list of available options will be displayed at the time of ‘checkout’.Mobile Wallets.Such other mode as made available. A list of available options will be displayed at the time of ‘checkout’.
Users are requested to provide valid, accurate and complete information about your identity, payment account details (Card information, Bank account information, and wallet credentials), Biller information and the payment information (payment amount and transaction description). The Company reserves the right to terminate user account or refuse your current and future use of Service in case your information found suspicious.
The Company assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction owing to any one or more of the following circumstances;
If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid.If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)If your bank or the wallet service refuses or delays honouring the Payment Instruction(s)If payment is not processed by biller upon receipt.If the user crosses transaction limit/amount limit decided by wallet services, payment gateways and banks. Circumstances beyond the control of the Company, including natural calamities, issues with payment system, power failures etc.
Note: User must ensure seamless internet connectivity and must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
If money gets deducted from the User’s account and the payment is not reflected in the User’s account pertaining to the Platform, the User is requested to contact us at support@dudusonline.com or via our contact form’s “payment issue” category. Your payment will be reflected within 48-72 hours if the transaction is successful at the payment gateway partners. If your payment status is not updated in the given time frame, please contact the bank for further enquiries. The Company does not take responsibility for such cases and payment will reflect in your bank account as per relevant Bank's policies.
Compliance with Laws
All Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999, and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000, as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002, and the rules made there under, Foreign Contribution Regulation Act, 1976, and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and the Platform.
User Obligations
You are a restricted user of this Platform.
You are bound not to cut, copy, distribute, modify, recreate, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from the Platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.
You agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface that is provided by the Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform are hereby expressly prohibited.
In places where this Platform allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. In the event you are asked to review any product or service, you agree to be fair, accurate and non-disparaging while leaving comments, feedbacks, testimonials, or reviews on or about the services.
You undertake not to host, display, upload, modify, publish, transmit, update, or share any information that:
belongs to another person and to which the user does not have any right;is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;harm 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 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; orthreatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
The User shall not:
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise violate the legal rights of others;Engage in any activity that interferes with or disrupts access to the Platform or the servers and networks which are connected to the Platform;Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;Upload, distribute, or otherwise make available content that contain viruses, corrupted content, or any software or program that may damage the operation of the Platform or another’s operation of the Platform;Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other customer of the Platform, including any User Account not owned by you, to its source, or exploit the Platform or Service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, as provided for by the Platform;Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform, or any affiliated or linked sites;Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this section;Use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or other third parties;Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;Publish, post, disseminate information that is false, inaccurate, or misleading;Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers/service providers.
By using the Services, you further agree that:
You will only use the Service for Your sole, personal use and will not resell or assign it to a third party;You will not use an account that is subject to any rights of a person other than You without appropriate authorization;You will provide Dudusonline with such information and documents which Dudusonline may reasonably request;You will only use an authorized network to avail the Service; andYou are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent.
We reserve the right to immediately terminate the Service and the use of the Platform in the event of non-compliance with any of the above requirements.
We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons.
Communications
By using Platform, it is deemed that you have consented to receiving calls, autodialled and/or pre-recorded message calls, emails, text messages, videos, images, and other data from us, at any time, on the contact information that has been provided by you as part of Registration Data or otherwise.
In the event you avail Services, we may send confirmation, Product information, Product delivery information, or any such other information relevant for the transaction, via SMS, Chat, electronic mail, or by voice call on the contact number provided by you or through information about you received from other parties. This consent to be contacted is for purposes that include but are not limited to clarification calls and marketing and promotional calls.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document, and all other policies followed by us. The sharing of the information provided by you is governed by the Privacy Policy. You hereby unconditionally consent that such communications via SMS, Chat and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India.
You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.
Intellectual Property Rights
This Platform and the Information available on or through the Services and/or the Platform, including without limitation, text, photographs, graphics and video and audio content, but excluding User Content is the sole and exclusive property of the Company and/or its licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Platform, except as specified to the contrary.
You acknowledge that the Services and any underlying technology or software used in connection with the Services contain the company’ proprietary information.
There are a number of proprietary logos, service marks and trademarks found on the Platform whether owned/used by the Company or any other third party. By displaying them on Platform, the Company is not granting you any license to utilize the proprietary logos, service marks, or trademarks.
From time to time, Platform may have external links connected to other websites of Third Parties. We are in no way liable for the information found on the external websites. External websites may have their own policies and we are in no way responsible for any loss or damage cause by them to you. You are advised to use your own discretion in the navigation and use of external websites.
Infringement of IPR
We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation, and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact support@dudusonline.com.
Your Content
When you submit, upload, transmit or display any data, information, photograph, video, text, resume or other content in connection with your use of Dudusonline, you understand and agree that:
you will continue to own and be responsible for Your Content;your Content will be shared with other users of Dudusonline;you are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve Dudusonline and our other services, including new services that we may provide in the future;in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide by all distribution methods, including those that are developed in the future;we may share Your Content with third parties that we work with to help provide, promote, develop and improve Dudusonline, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to Dudusonline);we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); andyou will comply with these Terms in your submission of Your Content.You are prohibited from posting and agree not to post any prohibited content as determined by company, in its sole discretion and which includes, without limitation: Sexually Explicit Material, Violence and Bullying, Hate Speech, Sensitive Events, Unlawful Activity, IP Infringement.
You grant Dudusonline, its affiliates and concerns a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to store, display, reproduce, and distribute your User Content on the Platform for the purposes of operating, developing, providing, and using our Services. Nothing in these Terms shall restrict other legal rights we may have to User Content under other licenses. We reserve the right to remove User Content for any reason, including a violation or an apparent violation of these Terms or our policies, as we may solely determine.
Following termination or deactivation of your account, or your removal of any User Content from the Platform, we may, but shall not be bound to, retain such Content for a commercially reasonable period of time for backup, archival, or audit purposes. It is specified that the Company shall have the right to remove all User Content following termination or deactivation of your account.
In addition, you agree that we and our affiliate companies (subject to these Terms, our Dudusonline Privacy Policy and applicable laws and regulations):
are allowed to retain and continue to use Your Content after you stop using Dudusonline – for example, where you have shared Your Content with other users of Dudusonline;may be required to retain or disclose Your Content in order to: (i) comply with applicable laws or regulations; (ii) comply with a court order, subpoena or other legal process; or (iii) respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); andmay need to retain or disclose Your Content in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of Dudusonline.
You understand that even if you seek to delete Your Content from Dudusonline, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via Dudusonline.
We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times.
You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
Dudusonline is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in Dudusonline Privacy Policy.
Disclaimer of Warranties and Liabilities
WE PROVIDE THE PLATFORM AND THE SERVICES 'AS IS', 'WITH ALL FAULTS' AND 'AS AVAILABLE'. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.
WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY USER OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE PLATFORM. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE PLATFORM OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WE DO NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE, OR PLATFORM ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN, OR OBTAINED BY YOU FROM OR THROUGH US OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT
MATERIALS OR INFORMATION PROVIDED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;WE WILL RESPOND TO YOUR ORDERS;THE PRODUCT DETAILS DISPLAYED TO YOU, CURATED OR OTHERWISE, WILL BE ACCURATE OR UPDATED;THE PRODUCTS WILL BE DELIVERED TO YOU AS PER THE SCHEDULE DISPLAYED;ANY ERRORS OR DEFECTS IN THE PLATFORM, SERVICES, OR OTHER MATERIALS, WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM, INCLUDING PLATFORM IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR SUCH ACTIONS. THE COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY PRODUCT OR SERVICES. THE AVAILABILITY OF PRODUCTS OR SERVICES THROUGH THE PLATFORM DOES NOT INDICATE AN AFFILIATION WITH OR ENDORSEMENT OF ANY PRODUCT, SERVICE, OR MANUFACTURER. ACCORDINGLY, WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED THROUGH THE PLATFORM, SAVE THOSE EXPRESSLY PROVIDED. HOWEVER, THE PRODUCTS OFFERED THROUGH THE PLATFORM MAY BE COVERED BY A MANUFACTURER'S WARRANTY INCLUDED WITH THE PRODUCT. TO OBTAIN WARRANTY SERVICE FOR DEFECTIVE PRODUCTS, PLEASE FOLLOW THE INSTRUCTIONS INCLUDED IN THE MANUFACTURER'S WARRANTY, IF ANY.
WARRANTIES RELATING TO PRODUCTS OFFERED, SOLD, OR DISTRIBUTED BY US OR THROUGH THE PLATFORM ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS TO YOU.
ANY ADVERTISEMENTS SHOWN ON THE PLATFORM WITH RESPECT TO THE THIRD-PARTY WEBSITES, PRODUCTS, OR SERVICES ARE FOR INFORMATIONAL PURPOSE ONLY.
Indemnification and Limitation of Liability
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS PLATFORM INCLUDING BUT NOT LIMITED TO THE COMPANY, ITS AFFILIATES, VENDORS, AGENTS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT 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. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE PLATFORM, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL WE, OUR OFFICERS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PLATFORM, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Dispute Resolution
All disputes arising from Platform will attempt to be resolved amicably by mediation or negotiation, failing which they shall be referred to binding arbitration by a Sole Arbitrator. The Sole Arbitrator shall be jointly appointed by the Company and the User. The arbitral award shall be final and binding on the parties and there shall be no further remedy available. The arbitration proceedings will take place in Kannur and will be in English. The provisions of the Arbitration and Conciliation Act, 1996, shall apply to the arbitration.
The Courts in Kannur, Kerala, shall have the jurisdiction for all suits arising out of or in connection with this Agreement.
Any grievances, issues, queries, complaints, or information that you wish to communicate to us can be addressed to our Grievance officer at support@dudusonline.com.
Term, Termination, Survival
This Agreement shall become effective from the date of registration of the User account and shall continue in effect thereafter unless terminated as set forth below:
You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Platform. You can close Your Account at any time by following the instructions on the Platform.
Dudusonline is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Platform and the Service) if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of Dudusonline, misuse the Platform or the Service. Dudusonline is not obliged to give notice of the termination of the agreement in advance. After termination Dudusonline will give notice thereof in accordance with these User Terms.
Termination of this agreement will not prejudice accrued rights of either Dudusonline or You
Any terms or conditions of this Agreement which by their express terms extend beyond termination or expiration of this Agreement or which by their nature will so extend will survive and continue in full force and effect after any termination or expiration of this Agreement.
Miscellaneous Terms
The company reserves its exclusive right in its sole discretion to alter, limit or discontinue the Platform or any material posted herein, in any respect. The company shall have no obligation to take the needs of any user into consideration in connection therewith.The company reserves its right to deny in its sole discretion any user access to the Platform or any portion hereof without notice.If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.No waiver by the company of any provision of these Terms shall be binding except as set forth in writing and signed by its duly authorized representative.