Terms and Conditions
TERMS OF USE
ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
DealingSENSE provides its services to you subject to the notices, terms, and conditions outlined in this agreement (the "Agreement"). In addition, when you use any DealingSENSE service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. DealingSENSE reserves the right to change this Site and these terms and conditions at any time. DealingSENSE retains the right to deny access to anyone whom we believe has violated any of these Terms of Use. If you are under 18, you may use DealingSENSE only with the involvement of a parent or guardian.
Contents Posted on Site
You are responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials or information posted or transmitted to the Sites (collectively, "Content"). Such Content will become the property of DealingSENSE throughout the universe. DealingSENSE shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by DealingSENSE, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.
Rules of Conduct On-Site
a) You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
b) DealingSENSE may review, edit, reject, refuse to post, and/or delete any Content that in the sole judgment of DealingSENSE violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.
c) Any information provided by you on this site shall not be misleading in any way.
d) You may not post or transmit Content, (even if made in a joking, sarcastic or unintended manner) if it in any way:
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
- contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
- tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Engages in commercial activities and/or sales without DealingSENSE's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout this Terms of Use, DealingSENSE's "prior written consent" means a communication coming from DealingSENSE's legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
- solicits gambling or engages in any gambling activity which DealingSENSE, in its sole discretion, believes is or could be construed as being illegal;
- contains viruses, time bombs, trojan horses, cancelbots, worms, or other harmful or deleterious components or devices;
- interferes with another user's use and enjoyment of the Sites or any other individual's user and enjoyment of similar services; or
- Refers to any website or URL that, in the sole discretion of DealingSENSE, contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms of Use.
e) You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means to send unsolicited email and unauthorized framing of or link to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.
f) You may not engage in advertising to or solicitation of, other users through the Sites to buy or sell any products or services, including, but not limited to, products or services related to the Sites. You may not transmit any chain letters or unsolicited commercial or junk emails to other users via the Sites. It is also a violation of these Terms of Use to use any information obtained from the Sites to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another person outside of the Sites without their prior explicit consent. To protect our users from such advertising or solicitation, DealingSENSE reserves the right to restrict the number of messages or emails which a user may send to other users in any 24 hours to a number that DealingSENSE deems appropriate in its sole discretion.
g) You understand that DealingSENSE has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, 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.
h) DealingSENSE reserves the right, but has no obligation, to monitor the materials DealingSENSE reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Sites. DealingSENSE shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of DealingSENSE, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SITES AND YOUR PRIVATE MESSAGES. Please be advised that Content posted in public areas of the Sites does not necessarily reflect the views of DealingSENSE. In no event shall DealingSENSE assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from the use of Content and/or appearance of Content on the Sites. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
i) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. DealingSENSE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
j) It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. DealingSENSE does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that DealingSENSE is not responsible for the use of any personal information that you publicly disclose or share with others on the Sites. Please carefully select the type of information that you publicly disclose or share with others on the Sites.
k) DealingSENSE shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
l) You are prohibited from violating or attempting to violate the security of the site including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
Links
This site may contain links to other websites or you may be linked through other websites ("Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We are not responsible for the content of the Linked Sites, whether or not DealingSENSE is affiliated with sponsors of the sites.
We do not in any way endorse the Linked Sites.
We welcome links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by DealingSENSE. You must not use on your site or in any other manner any trademarks, service marks, or any other materials appearing on the DealingSENSE site, including any logos or characters, without the express written consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the DealingSENSE site without our prior written consent.
Other Businesses
DealingSENSE does not take responsibility or liability or warrant including but not limited to, the actions, products, content, and services on DealingSENSE’s website, which are linked through including but not limited to Affiliates and sites using DealingSENSE’s APIs. In addition, DealingSENSE provides links to the sites of affiliated companies and certain other businesses for which, DealingSENSE is not responsible for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of their website.
Privacy
Use of the Site is governed by our Privacy Policy, which can be located at Privacy Policy
Mandatory Declaration - Computers
1) Use of the Site is governed by our Privacy Policy, which can be located at Privacy Policy
2) You further declare that the Product will be acquired for the personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered, or in any way disposed of for profit.
Disclaimer Of Warranties And Liability
This website, all the materials, and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided by DealingSENSE “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, DealingSENSE does not warrant that:
- This website will be constantly available, or available at all; or
- The information on this website is complete, true, accurate, or non-misleading.
DealingSENSE will not be liable to you in any way or relation to the contents of, or use of, or otherwise in connection with, this website. DealingSENSE does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communication sent from DealingSENSE are free of viruses or other harmful components.
Nothing on this website constitutes or is meant to constitute, advice of any kind.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
All the products sold on DealingSENSE are governed by different state laws and if DealingSENSE is unable to deliver such products due to implications of different state laws, DealingSENSE will return or will give credit for the amount received by DealingSENSE from the sale of such product that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on DealingSENSE. By registering your phone number with us, you consent to be contacted by DealingSENSE via phone calls and/or SMS notifications, in case of any order or shipment, or delivery-related updates. DealingSENSE will not use your personal information to initiate any promotional phone calls or SMSes.
While availing any of the payment method/s offered by DealingSENSE, DealingSENSE is not responsible or takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
- lack of authorization for any transaction/s,
- or exceeding the preset limit mutually agreed by you and between your "Bank/s",
- or any payment issues arising out of the transaction,
- or decline of transaction for any other reason/s.
Applicable Law
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be Delhi.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on DealingSENSE is presented solely for the purpose of sale in India. DealingSENSE makes no representation that materials in DealingSENSE are appropriate or available for use in locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and DealingSENSE is not responsible for the supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright, and Restriction
This site is controlled and operated by DealingSENSE. All material on this site, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us or have made their materials feasible for public use. Material on the DealingSENSE website owned, operated, licensed, or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for this clause.
Your Account
You agree that any use on the site is at your own risk and DealingSENSE is not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Products sold on DealingSENSE are not for people below age 18, however, any products available for children below age 18, can be bought by adults.
Copyright complaint
We at DealingSENSE respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at dealingsense@gmail.com
Risk of loss
All items purchased from DealingSENSE are made according to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Description
DealingSENSE tries to be as accurate as possible. However, DealingSENSE does not warrant that the product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by DealingSENSE itself is not as described, your sole remedy is to return it in unused condition.
Pricing/Typographical error
Pricing on the product is as it shows, however, due to any technical issue, typographical error or product information received from our suppliers' prices of the product may vary. The price taken into consideration will be at the time of order confirmation and payment done by the customer. If DealingSENSE comes across any such difference in pricing due to any issues, it has all the rights to rectify the same or cancel the order.
Credit Card Use
In a credit/debit card transaction you must use your own credit/debit card. DealingSENSE will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to “prove otherwise” will be exclusively on the user. DealingSENSE. You further agree and undertake to provide the correct and valid credit card details to DealingSENSE
DealingSENSE reserves the right to cancel any order placed using a credit card that holds an International billing address.
Objectionable Material
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, DealingSENSE and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
Indemnity
You agree to defend, indemnify and hold harmless DealingSENSE, its employees, directors, officers, agents, and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to DealingSENSE or any third party including but not limited to breach of any warranties, representations or undertakings or concerning the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Cancellation of order
DealingSENSE reserves the right to cancel any order without any explanation for doing so, under situations where DealingSENSE is not able to meet the requirement of the order placed or order so placed/canceled does not comply with the DealingSENSE policy or for any other reason. However, DealingSENSE will ensure that any communication of cancellation of an order, so canceled, is intimated within appropriate time to the concerned person and any applicable refund will be made in a reasonable time.
If users/customers are not responding to our calls, emails, or via any communication within the 8 days from the date of purchase then DealingSENSE has to right to cancel any order without any explanation.
Communication with Users
DealingSENSE reserves the right to communicate with Users regarding this site and the User’s use of this site or any product or service purchased by the user on this site.
Our Contact
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to dealingsense@gmail.com