This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.discountkitnamilega.com (hereinafter referred to as "Website") is owned by Sangeeta Kamthania Infotech Pvt Ltd with its registered office at Kamthania Building, Marris Road, Laxmi Bai Marg, Aligarh – 202001 Uttar Pradesh, India (hereinafter referred to as “DKM Super Mall”).
For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of the Website by accessing or browsing the Website and/or has registered as a member of the Website by submitting identification information/ registration details using the computer system of this Website and Accepting the electronic record of the User Agreement and has obtained a unique username and a secret alpha-numerical key (password) for using the Website. The term "We", "Us", "Our" shall mean DKM Super Mall.
Eligibility for Membership
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 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 User of the DKM Super Mall website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. DKM Super Mall reserves the right to terminate your membership and / or refuse to provide you with access to the website if it is brought to DKM Super Mall’s notice or if it is discovered that you are under the age of 18 years. As a minor you are prohibited from purchasing any material which is for adult consumption, the sale or purchase of which to/by minors are strictly prohibited.
Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to DKM Super Mall, You agree and understand that You are communicating with DKM Super Mall through electronic records and You consent to receive communications via electronic records from DKM Super Mall periodically and as and when required DKM Super Mall will communicate with You by email or by such other mode of communication, electronic or otherwise.
Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event DKM Super Mall may cancel such your order(s).
Membership on the Website is free for buyers. DKM Super Mall does not charge any fee for browsing and buying on the Website. DKM Super Mall reserves the right to change its Fee Policy from time to time. In particular, DKM Super Mall may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event DKM Super Mall reserves the right to introduce fees for the new services offered or amend / introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in INR (Indian Rupees). You shall be solely responsible for compliance of all applicable laws including those in India for making payments to DKM Super Mall. You will receive all invoices from DKM Super Mall in Indian Rupees.
Use of the Website
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
You are allowed to access limited information. You are not allowed to download, use or modify any content, images, or portion of information provided on the website. In case you want to use any information, you would need to take written permission from DKM Super Mall.
You shall not host, display, upload, modify, publish, transmit, update or share any information which belongs to another person and to which You does not have any right to, grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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.
You shall not host, display or publish any information which is misleading in any way or 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 or harasses or advocates harassment of another person.
You shall not host, display, or publish any information or item which:
harm minors in any way;
violates any law for the time being in force;
impersonate another person;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
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;
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];
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, cancel bots, 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 information;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy;
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
Threatens the unity, integrity, defense, 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.
shall not be false, inaccurate or misleading;
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.
shall not 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;
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 are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum amount.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
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 Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products 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 force.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We 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 Website.
It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website 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 Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
Contents Posted on Site
DKM Super Mall strives to provide you with the best prices possible on products and services you buy or avail of from the Website. However, DKM Super Mall does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to you.
While DKM Super Mall strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, DKM Super Mall may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. DKM Super Mall will have the right to modify the price of the product or service and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If DKM Super Mall cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
Valid Credit Card & Bank Account Details
You agree, understand and confirm that the credit card details provided by you for availing of services on Discountkitnamilega.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making 'digital payment' ("डिजिटल पेमेंट") on Discountkitnamilega.com. Your credit card information never reaches Discountkitnamilega.com, we just get pass, hold or fail message from our payment gateways. The said information will not be utilised and shared by our payment gateways or Discountkitnamilega.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. Discountkitnamilega.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
Valid Bank Account shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner, having the ability to issue cheques / demand drafts and make deposits.
You agree to defend, indemnify and hold harmless Elite Attire, DKM Super Mall’s parent, 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 Elite Attire or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the 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.
DKM Super Mall views the protection of user’s privacy as a very important community principle. The Company clearly understands that you and the personal information provided by you is one of the most important assets to the Company. The Company stores and processes the information provided by you in computers located in India that are protected by physical as well as reasonable technological security measures and procedures in compliance with the provisions of the Information Technology Act, 2000 and rules made there under.
The site is an online shopping portal and uses the submitted information for sale-related transactions only. Information about customer's email id is used during the course of order processing to make enquiries and get additional inputs / clarifications. The address and telephone number is used for the purpose of mailing the ordered consignment. Other than these areas, the information has no commercial usage.
Reviews & Feedback Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to DKM Super Mall on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain DKM Super Mall’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to DKM Super Mall of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, DKM Super Mall owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. DKM Super Mall will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. DKM Super Mall is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
DKM Super Mall does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant DKM Super Mall the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify DKM Super Mall and its affiliates for all claims resulting from any Comments you submit. DKM Super Mall and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Disclaimer of Warranties & Liability Limitations
DKM Super Mall uses the products provided from its business partners. This site is made available to you for your convenience and is provided without any warranties / guarantees and is working on As Is condition.
The currency used in the website is the Indian Rupees. The products listed on Discountkitnamilega.com are made available to the users post our stringent process of checking and ensuring that the products are of high quality and standard. However, the products are listed on behalf of the manufacturer / vendor / seller and any information that is provided for the product is provided by the manufacturer / vendor / seller and Discountkitnamilega.com does not have any responsibility of any kind of error or inaccuracy of such information.
The user bears the risk associated with the use of the site. The content and information provided on the website is the information from other sites and resources (with due credit), that are reputable and of high quality. However, we do not take the responsibility of the information provided for the product. We cannot take the responsibility for any kind of errors /defects / technical issues occurring with the information given about the product. The warranty of the product will be applicable as per the manufacturer of the product and all the specifications will be as per the product specifications of the manufacturer. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, incidental, consequential 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 Site, its services or this User Agreement.
Discountkitnamilega.com disclaims any kind of issue / claim / liability arising due to usage of any obscene, vulgar or altering/distorting of images available under this service. It also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not give any kind of warranty that our site, servers, or automated emails being sent are free from any kind of viruses or other harmful applications / components, and we will not be responsible/liable for any kind of damages happening due to use this site or its applications. Discountkitnamilega.com bears no liability for any kind of monetary or damage occurred by: server failure, corruption of data and interruption in the operation of website or failure of data retrieval from the servers. Therefore, Discountkitnamilega.com, its affiliates, employees or contracted firms / companies in no event be responsible for any direct, indirect, incidental, special or consequential loss / damage that includes damages for loss of use, data or profits, or anything to do with the use of Discountkitnamilega.com or its services for loss of data or profits due to the connection with this agreement.
Discountkitnamilega.com acts as a platform for your convenience to facilitate transactions between users and sellers / manufacturers. We are the booking agents for smooth integration through online shopping tools / website / customer care services, SMS, emails etc. Therefore, we will not be responsible / liable for any damage, losses, expenses or taxes being incurred by users or if the merchants / business partners are not able to provide the service of any product due to any reason. Discountkitnamilega.com or its officials (at all levels) be liable for any claims / damages relating to the purchased products through any of the platforms of the website.
Trademark, Copyright & Restriction
This site is controlled and operated by DKM Super Mall & it reserve all intellectual property rights in all text, programs, products, processes, technology, content which appear on this Site. Material on Website 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 email 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 the purposes of this clause.
Governing Law and Jurisdiction
Customer E-ID-Card Disclaimer:
This is only a ‘Customer Identity Card’.
This card is a property of DKM Super Mall. This card is ‘Non Transferable’.
This is No proof of employment.
All disputes are subject to Aligarh (Uttar Pradesh) jurisdiction only.
No claim/benefit is ensured through this ‘Customer Identity Card’.
The company reserves its right to cancel the card & membership without any prior notice.
The company also reserves its right to change & amend the policies/schemes without any prior notice.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to DKM Super Mall customer care and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between You and the Company with respect to the subject matter herein.
The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favorable to you.