Terms & Conditions
This document is an electronic
record under Information Technology Act, 2000 and rules thereunder as
applicable and the amended provisions pertaining to electronic
records in various statutes under applicable Indian laws. This
electronic record is generated by a computer system and does not
require any physical or digital signatures.
This document is published and
shall be construed in accordance with the provisions of Rule 3(1) of
the Information Technology (Intermediaries Guidelines) Rules, 2011
user agreement for access or usage of www.Destek.in
Your use of
all the web-pages, hyper-links, tools and services provided
thereunder (hereinafter referred to as "the
which expression shall include any successor or replacement
website(s)) is governed by the following terms and conditions as
applicable to the Website ("User
This User Agreement shall come into effect upon each visit or usage
of the Website, or upon your registration, or upon you providing any
information on the Website. In this User Agreement, you are
contracting with Destek Infosolutions Private Limited, a company
incorporated under Companies Act, 2013 with its registered office at
No. 702, B wing, East Court, Phoenix Market City, Viman Nagar, Pune,
Maharashtra, India, hereinafter referred to as "the
which expression unless the context otherwise require shall mean and
include its successors, liquidators and assigns.
For the purpose of the User
wherever the context may so require, "You"
shall mean any natural or legal person who has agreed to become a
member of the Website by providing Registration Data (as defined
hereinafter) while registering on the Website as a Registered User
using the computer systems of the Website, accepted this electronic
version/electronic record of the User Agreement. A Registered User is
one who has allocated himself a unique identification user name,
under Admin Panel ("User
to become a Registered User. The term and expression "You"
shall, unless the context otherwise requires, include your legal
heir, receivers, successors, liquidators and permitted assigns.
As a Registered User, this
User Agreement shall be effective and binding upon your 'acceptance'.
"Acceptance" shall mean your affirmative action in clicking
on the 'Pay Now' and/or on the ‘continue’ button and/or or any
affirmative action as provided on the registration page or using or
accessing the Website through logging in by Your third party website
user ID and password, If you do not agree or are not willing to be
bound by the terms and conditions of this User Agreement, please do
not click on the ‘check box’ or on the ‘continue’ button or
any other button and do not seek to obtain access to or otherwise use
The Platform may amend this
User Agreement at any time by posting a revised version on the
Website. The revised version will be effective at the time Platform
posts it on the Website. You are advised to regularly check for any
amendments or updates to the terms and conditions contained in this
The following disclaimers are
the key to determining any relationship between You and the Platform
for Your use of the Website and for Platform providing any services
on the Website:
Platform and its suppliers,
affiliates and service providers provide the Website and services on
"as is" basis and without any warranty or condition,
express, implied or statutory and specifically disclaim any implied
warranties of title, merchantability, fitness for a particular
purpose and non-infringement. You expressly agree that your use of
the Website is at your risk.
The responsibility of the
correctness of the declarations displayed on the Platform in
relation to the products shall lie with You.
The Platform, its associates,
affiliates and service providers and technology partners make no
representations or Warranties about the accuracy, reliability,
completeness, and/or timeliness of any content, or
information/declarations provided by the Merchants for their
products pursuant to compliance under the Legal Metrology (Packaged
Commodities) Rules, 2011 (as amended) and the Legal Metrology Act,
2009, information, software, text, graphics, links or communications
provided on or through the use of the Website or that the operation
of the Website will be error free and/or uninterrupted.
The Website is only a venue
where users may meet and interact with one another for their
transactions. Platform is not and cannot be a party to or control in
any manner any transaction between two users of the Website.
Platform neither recommends You to buy or sell any goods or services
on the Website nor endorses any such goods or services nor provides
any guarantee, warranty or assurance with respect to any goods or
services made available on the Website. Further, Platform does not
guarantee, warranty or provide any assurance on the behaviour of any
user of the Website including any guarantee, warranty or assurance
that any user (whether buyer or seller) will complete any
transaction or act in a prudent manner. Save as otherwise provided
in the clause titled "Limitation of Liability", Your sole
and exclusive remedy and Platform's sole and exclusive
responsibility and liability is to provide You necessary information
with other users of the Website (including the sellers listed on the
Website) with respect to any dispute.
Pursuant to the provisions of
the Foreign Exchange Management Act, 1999, and applicable laws, the
Platform may provide certain support services to facilitate the
transactions between users of the Websites. You understand, agree
and acknowledge that the Platform will engage independent third
party service providers to perform these services. The Platform may
on reasonable efforts basis procure ordinary industry standard
warranties from these third parties. You further understand, agree
and acknowledge that the Platform will not be held liable or
responsible towards You or towards any person claiming under or
through You for any actions, commission, omission, misconduct, fraud
or negligence (whether in contract or tort or under public policy)
of these third parties unless such actions, commission, omission or
negligence of the third party is attributed to a direct cause of
misconduct and gross negligence of the Platform and in such an event
the total aggregate liability of the Platform shall be limited to
the extent provided in the clause titled "Limitation of
You understand, agree and
acknowledge that Platform uses third party service providers to
store and process Your personal information and other information
which You provide to the Platform (as more specifically identified
your personal information in a country or state which may not have
jurisdiction over You and / or such country or state may not have
any data protection or data privacy laws or such country's or
state's data protection or data privacy laws may not be as strong as
the country or state having jurisdiction over You or over the
Platform. You agree and understand that Platform provides no
guarantee, warranty or assurance that such third party service
providers will protect Your personal information and Platform shall
not be liable for any actions, commission, omission, misconduct,
fraud or negligence (whether in contract or tort or under public
policy) of these third parties unless such actions, commission,
omission or negligence of the third party is attributed to a direct
cause of misconduct and gross negligence of Platform.
You agree that the aforesaid
disclaimers shall be in addition to any other disclaimers given in
this User Agreement.
When You use the Website or
send emails or other data, information or communication to the
Platform, You agree and understand that You are communicating with
the Website and Platform and all other Registered Users and Visitors
through electronic records which are legally identifiable and
enforceable, and You consent to receive communications via electronic
records from the Website, Platform and all other Registered Users and
Visitors and as and when posted, communicated or required.
Service of Notice:
The Registration Data and email ID or Your account details of the
third party website through which You register with the Website will
be construed as Your 'designated electronic address' and the
Platform, Website, other Registered Users, Visitors, third parties
and law enforcement agencies will communicate with You on your
designated electronic address which will be deemed adequate service
of notice / electronic record.
By impliedly or expressly
accepting this User Agreement, You also accept and agree to be bound
by various policies of the Platform as provided from time to time in
various hyperlinks on the Website.
Use of the Website is available
only to persons who can form legally binding contracts under Indian
Contract Act, 1872 and any other applicable laws for this purpose.
Persons who are "incompetent to contract" within the
meaning of the Indian Contract Act, 1872 and any other applicable
laws for this purpose including minors, un-discharged insolvents etc.
are not eligible to use the Website. If you are a minor i.e. under
the age of 18 years, you shall not register as a member of the
Website and shall not sell, purchase or bid for any items on the
Website. As a minor if you wish to purchase or sell an item on the
Website such purchase or sale may be made by your legal guardian or
parents who have registered as users of the Website. Platform
reserves the right to terminate your membership and refuse to provide
you with access to the Website if it is brought to Platform's notice
or if it is discovered that you are under the age of 18 years or are
otherwise "incompetent to contract". If you are registering
as or on behalf of a business entity, you represent that you are duly
authorized by the business entity to accept this User Agreement and
you have the authority to bind that business entity to this User
If you use the Website as a
Registered User, you are responsible for maintaining the
confidentiality of your User ID and Password. You are responsible for
all activities that occur under your User ID and Password. You agree,
inter alia, to provide true, accurate, current and complete
information about yourself as prompted by Website registration form.
You will ensure that you shall deliver the exact product that has
been selected by the buyer using our platform. If the website
experiences that there is a Non/Zero usage of Online Shop services
for more than 6 months, Platform has the right to indefinitely
suspend or terminate or block access of your membership
with the Website and refuse to provide you with access to the
Website. Moreover any issues or complaints on Goods sold without
compliance like expired products, restricted items, sales without
license is vendors/shop owners responsibility.
You hereby grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the
copyright, publicity, and database rights you have in Your
information, in any media or medium now known or developed, produced,
invented or used in future, with respect to Your information.
FEES AND SERVICES
The Merchant shall make a
payment for one time Sign-up fees as specified in the Agreement,
executed between the parties . This amount is only a one time set-up
fee and thereafter there shall be no other amount levied by the
website to the Vendor. For the services availed in the Website, the
Merchant will get reimbursed of the amount minus Rs 15(fifteen) per
transaction, which shall be levied by the website. The Website
thereafter will deliver the Online Shop to the Merchant, on receipt
of such payment and post signing of the Agreement. Applications which
are submitted for PlayStore and App Store shall be delivered in not
more than 5 (five ) days from the receipt of Payment under this
You are responsible for paying
all fees (if any) associated with the use of the Website and you
agree to bear any and all applicable taxes, charges, cesses etc.
USE OF THE WEBSITE
You understand and agree that
Platform and the Website merely provide services to its Registered
Users and persons browsing/visiting the Website. All items
advertised/listed and the contents therein are advertised and listed
by or on behalf of Registered Users and are third party contents. The
Website also contains various third party user generated content and
material. The Platform neither originates nor initiates the
transmission nor selects the sender and receiver of the transmission
nor selects nor modifies the information contained in the
transmission. Platform has no control over the third party user
You agree, undertake and
confirm that your use of the Website shall be strictly governed by
the following binding principles:
You are solely responsible for
Your Information, and the Platform and the Website act only as a
passive conduit for your online distribution and publication of Your
Information. You shall not host, display, upload, modify, publish,
transmit, update or share any information or share/list(s) any
information or item that:
(i) Belongs to another person
and to which You do not have any right to.
(ii) Is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, invasive of another's privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in
any manner whatever; or unlawfully threatening or unlawfully
harassing including but not limited to "indecent representation
of women" within the meaning of the Indecent Representation of
Women (Prohibition) Act, 1986.
(iii) Harm minors in any way.
(iv) Infringes any patent,
trademark, copyright or other proprietary rights or third party's
trade secrets or rights of publicity or privacy or shall not be
fraudulent or involve the sale of counterfeit or stolen items.
(v) Violates any law for the
time being in force.
(vi) Deceives or misleads the
addressee/ users about the origin of such messages or communicates
any information which is grossly offensive or menacing in nature.
(vii) Impersonates another
(viii) Contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer
resource; or contains any Trojan horses, worms, time bombs,
cancelbots, easter eggs or other computer programming routines that
may damage, detrimentally interfere with, diminish value of,
surreptitiously intercept or expropriate any system, data or personal
(ix) Threatens 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 cognizable offence or prevents investigation
of any offence or is insulting any other nation.
(x) Is false, inaccurate or
(xi) You shall not, directly or
indirectly, offer, attempt to offer, trade or attempt to trade in any
item, the 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.
(xii) You shall not create
liability for Platform or cause Platform to lose or disrupt (in whole
or in part) the services of our service providers or other suppliers.
(xiii) You shall not link
directly or indirectly to or include descriptions of items, goods or
services that are prohibited under the User Agreement or any other
applicable law for the time being in force including but not limited
to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies
(Objectionable Advertisements) Act, 1954, the Indian Penal Code,
1860, Information Technology Act 2000 as amended time to time and
rules there under.
Please note that in accordance
with the Information Technology (Intermediaries guidelines) Rules
2011, in case of non-compliance with rules and regulations, User
Agreement and/or any policies contained or referred to herein for
access or usage of an intermediary computer resource, the
intermediary has the right to immediately terminate the access or
usage rights of the users to the computer resource of intermediary
and remove non-compliant information. This right is in addition to
all other rights and remedies available to the Platform against You
either in this User Agreement or any policy contained herein, in any
applicable law or under torts.
You shall at all times ensure
full compliance with the applicable provisions of the Information
Technology Act, 2000 and rules there-under as applicable and as
amended from time to time and also all applicable laws, rules and
regulations and International laws (including without limitation all
direct and indirect tax laws and all local, entry or usage related
tax laws) regarding your use of our service and your listing,
purchase, solicitation of offers to purchase, and sale of items or
services. You shall not engage in any transaction in an item or
service, which is prohibited by the provisions of any applicable law
including exchange control laws or regulations for the time being in
The Website is only a venue
where users may meet and interact with one another for their
transactions. Platform is not and cannot be a party to or control in
any manner any transaction between two users of the Website.
All commercial / contractual
terms are offered by and agreed to between buyers and sellers alone.
The commercial / contractual terms include without limitation price,
shipping costs, payment methods, payment terms, date, period and mode
of delivery, warranties related to goods and services and after sales
services related to goods and services. Platform does not have any
control, determines, advises or in any way involves itself in the
offering or acceptance of such commercial / contractual terms between
buyers and sellers.
Platform is not responsible for
any non-performance or breach of any contract entered into between
users. Platform cannot and does not guarantee, warrant, assure or
ensure that the users will perform, undertake, consume or conclude
any transaction concluded on the Website. Platform shall not and is
not required to mediate or resolve any dispute or disagreement
Platform does not make any
representation or warranty as to the attributes (such as quality,
worth, marketability, etc.) of the items or services proposed to be
sold or offered to be sold or purchased on the Website. In
particular, Platform does not implicitly or explicitly support or
endorse the sale or purchase of any items or services on the Website.
Platform accepts no liability for any errors or omissions, whether on
behalf of itself or third parties.
Platform does not make any
representation or warranty as to the attributes (such as legal title,
creditworthiness, identity, etc.) of any of its users. You are
advised to independently verify the bona fides of any particular user
that you choose to deal with on the Website and use your best
judgment in that behalf.
Website is only providing a
platform or venue for communication and it is agreed that the
contract for sale of any of the products or services shall be a
strictly bipartite contract between the seller and the buyer. At no
time shall any right, title or interest over the items vest with
Platform nor shall Platform have any obligations or liabilities in
respect of such contract, except for certain transaction support
services as provided in various rules and policies on the Website.
Platform is not responsible for
unsatisfactory or delayed performance of services or damages or
delays as a result of items which are out of stock, back ordered or
otherwise unavailable. All items are offered only for a restricted
time and only for the available supply.
Platform cannot control the
information provided by other users which is made available on the
Website. You may find other user's information to be offensive,
harmful, inaccurate, or deceptive. Please use caution and practice
safe trading when using the Website.
The function of the Platform is
limited to providing access to a communication system over which
information made available by You is transmitted or temporarily
stored or hosted. The Platform observes due diligence while
discharging its duty as an intermediary under the Information
Technology Act, 2000 and also observes such other guidelines as the
Central Government may prescribe in this behalf. The Platform does
(i) initiate the transmission
(ii) select the receiver of the
(iii) select or modify the
information contained in the transmission.
Therefore, pursuant to the
provisions of the Legal Metrology (Packaged Commodities) Amendment
Rules, 2017, the responsibility of the correctness of the
declarations displayed on the Platform in relation to the products
shall lie with You.
The Platform collects, stores,
processes and use Your information in accordance with Platform
information, you consent to the collection and use of the information
you disclose on the Website by Platform in accordance with the
Platform may from time to time
contract with third party payment service providers including banks
to open nodal bank accounts under applicable Indian laws, to
facilitate the payment between users i.e. buyers and sellers and for
collection of Platform Fees and other charges. The Merchants will
use the Payment gateway provided by the website and not any other.
These third party payment service providers may include third party
banking or credit card payment gateways, / UTI, or through any
facility as may be authorized by the Reserve Bank of India for
collection, refund and remittance, as the case may be of payment or
supporting the same in any manner.
Without limiting other rights
and remedies, Platform may limit your activity, immediately remove
your information or buys, or end your listing, warn other users of
your actions, immediately temporarily/indefinitely suspend or
terminate or block your membership, and/or refuse to provide you with
access to the Website in the event, but not limited to:
If you breach the User
Agreement or any terms or policies of the Website.
If your actions may cause
legal liability for you, other users or Platform.
Platform may at any time at its
sole discretion reinstate suspended users. Platform reserves the
right to recover any amounts due and owing by you to Platform and to
take strict legal action including but not limited to a referral to
the appropriate police or other authorities for initiating criminal
or other proceedings against you.
You must be legally able to
sell the item(s) you list for sale on our Website. You must ensure
that the listed items do not infringe upon the intellectual property,
trade secret or other proprietary rights or rights of publicity or
privacy rights of third parties. Listings may only include text
descriptions, graphics and pictures that describe your item for sale.
All listed items must be listed in an appropriate category on the
Website. All listed items must be kept in stock for successful
fulfillment of sales. The listing description of the item must not be
misleading and must describe the actual condition of the product. If
the item description does not match the actual condition of the item,
you agree to refund any amounts that you may have received from the
buyer. You represent and confirm that you shall be the sole and
exclusive legal owner of all items, goods or products of any
description that you wish to offer for sale on the Website. You shall
have absolute right, title and authority to deal in and offer for
sale such items, goods or products. From time to time, you shall be
responsible for providing information relating to the items or
services proposed to be sold by you. In this connection, you
undertake that all such information shall be accurate in all
respects. You shall not exaggerate or over emphasize the attributes
of such items or services so as to mislead other users in any manner.
You shall inform the Platform at the time of listing your product and
subsequent to the listing, of all the declarations as required under
the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended)
and the Legal Metrology Act, 2009 to be displayed on the website and
ensure that the declarations on the package of the product are duly
complied with and regularly updated, as and when, there is a change
LIMITATION OF LIABILITY
In no event shall Platform or
its affiliates and service providers be liable for any indirect,
incidental, special, incidental, consequential, punitive or exemplary
damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses arising out of or in
connection with the Website, its services or this agreement (however
arising, including negligence or under torts or under public policy).
In addition to any limitation
of liability and various disclaimers provided elsewhere in this User
Agreement, Platform's entire liability and Your sole and exclusive
remedy in any circumstance is limited to the following:
If You are a seller on the
Platform: an amount of Platform Fees, if any, paid by You as seller
on the Website to Platform for the transaction under dispute.
If You are a buyer: the
Platform's entire liability and your sole and exclusive remedy in any
circumstance is limited to exercise its reasonable efforts to enable
you to get the refund of the product price from the seller on the
Other than the aforesaid,
Platform shall have no liability to You.
You shall fully indemnify, keep
indemnified, defend and hold harmless Platform and Platform's
shareholders, subsidiaries, affiliates, third-parties and their
respective shareholders, officers, directors, agents, and employees,
from any claim or demand, or actions including reasonable attorneys'
fees, made by any third party or penalty imposed due to or arising
out of your breach of the User Agreement or any rules and policies
contained herein, or your violation of any law, rules or regulations
or the rights of a third party.
None of the provisions of the
User Agreement shall be deemed to constitute a partnership or agency
between You and Platform and You shall have no authority to bind
Platform in any manner whatsoever nor shall Platform have any
authority to bind you in any manner whatsoever. All the services
provided by the Platform shall be as independent contractor and on
principal to principal basis.
If any clause of the User
Agreement shall be deemed invalid, void or for any reason
unenforceable, such clause shall be deemed severable and shall not
affect the validity and enforceability of the remaining clauses of
the User Agreement.
This Agreement sets forth the
entire understanding and agreement between You and Platform with
respect to the subject matter hereof.
In Platform's sole discretion,
Platform may transfer its rights and obligations under this
Agreement, assign this Agreement without your prior express consent.
However, Platform on reasonable efforts basis and if practicable may
provide You with an advance intimation of any such acts.
services provided by www.destek.in
do not include the provision of computers or other necessary
equipment to access the website. To use the www.destek.in you will
require Internet connectivity and appropriate telecommunication
links. Destek shall not be liable for any telephone or other costs
that you may incur.
Website, all the materials, products and services, included on or
otherwise made available to You through this site are provided on "as
is" and "as available" basis without any
representation or warranties, express or implied except otherwise
specified in writing. Without prejudice to the forgoing paragraph,
destek.in does not warrant that:
Website will be constantly available, or available at all; or
information on this Website is complete, true, accurate or
will not be liable to You in any way or in relation to the Contents
of, or use of, or otherwise in connection with, the Website. Destek
does not warrant that this site; information, Content, materials,
product (including software) or services included on or otherwise
made available to You through the Website; their servers; or
electronic communication sent from Us are free of viruses or other
In the event you have any
complaints or concerns with respect to the website or our services,
please contact our Customer Support at+91 77094 69013
any dispute arises between You and Platform during Your use of the
Website or Your dealing with the Platform in relation to any activity
on the Website, in connection with the validity, interpretation,
implementation or alleged breach of any provision of the User
Agreement and all the rules and policies contained herein, the
dispute shall be referred to a sole arbitrator who shall be an
independent and neutral third party identified by Platform. The
Arbitration & Conciliation Act, 1996, shall govern the
arbitration proceedings. The arbitration proceedings shall be in the
English language. The place of arbitration shall be Pune. Your
obligations to pay the Payment Fees shall not be suspended during the
This User Agreement and all the
rules and policies contained herein and any of Your usage of Website
and Your dealings with Platform shall be governed and construed in
accordance with the laws of India.
CONSENT OR AGREEMENTS TO DESTEK AS PROVIDED UNDER SECTION 43A AND
SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.