TERMS AND CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules framed thereunder, as applicable.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and User Agreement for access or usage of www.digitaltalk.in website.

The domain name www.digitaltalk.in (hereinafter referred to as “Website”) is owned by Digital Talk.

At Digital Talk, We try our best to create a space where You can explore and shop for all Your favorite things in a safe and secure environment. So, We have created our terms of service keeping You in mind – no matter where in the world You may be.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Digital Talk allows the User to surf the Website or making purchases without registering on the Website. The term “We”, “Us”, “Our” shall mean Digital Talk, owning and operating the Website www.digitaltalk.in.

Your use of the Website and services and tools are governed by the following terms and conditions (“Terms & Conditions”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Digital Talk and these Terms & Conditions including the policies constitute Your binding obligations with Digital Talk.

In using the service of Digital Talk You are deemed to have accepted the terms and conditions listed below-

  1. Eligibility For Membership

Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If You are a minor i.e. under the age of 18 years but at least 13 years of age, You may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If Your age is below that of 18 years Your parents or legal guardians can transact on behalf of You if they are registered users.

Digital Talk reserves the right to terminate Your membership and refuse to provide You with access to the Website if Digital Talk discovers that You are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Digital Talk for any reason whatsoever. If You are registering as a business entity, You represent that You have the authority to bind the entity to this User Agreement.

Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Digital Talk You agree to be bound by the Terms and Conditions.

  1. Account And Registration Obligations

“Your Information” is defined as any information You provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If You use the Site, 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. Digital Talk shall not be liable to any person for any loss or damage which may arise as a result of any failure by You to protect Your password or account. If You know or suspect that someone else knows Your password, You should notify us by contacting us immediately through the address provided below. If Digital Talk has reason to believe that there is likely to be a breach of security or misuse of the Digital Talk Site, We may require You to change Your password or We may suspend Your account without any liability to Digital Talk.

You also agree to:

    • Provide true, accurate, current and complete information about Yourself in Digital Talk registration form (such information being the “Registration Data”).
    • Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, incomplete, or not current or if Digital Talk has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Digital Talk has the right to indefinitely suspend or terminate Your membership and refuse to provide You with access to the Site.
  2. E-Platform for Communication
    1. You agree, understand and acknowledge that the Website is an online platform that enables You to purchase products listed on the Website at the price indicated therein at any time from any location. You further agree and acknowledge that Digital Talk is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Website. Accordingly, the contract of sale of products on the Website shall be a strictly bipartite contract between You and the sellers on Digital Talk.
    2. 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 products and services and after sales services related to products and services. Digital Talk does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
    3. Digital Talk does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Digital Talk does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Digital Talk accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
    4. Digital Talk is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Digital Talk cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Digital Talk shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
    5. Digital Talk does not make any representation or warranty as to the item-specifics (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.
    6. Digital Talk does not at any point of time during any transaction between Buyer and Seller gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
    7. At no time shall Digital Talk hold any right, title or interest over the products nor shall Digital Talk have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Digital Talk is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
    8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
    9. You release and indemnify Digital Talk and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Digital Talk cannot take responsibility or 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, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
  2. Selling

As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. 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 fulfilment of sales.

The listing description of the item must not be misleading and must describe 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 agree not to list a single product in multiple quantities across various categories on the Website. Digital Talk reserves the right to delete such multiple listings of the same product listed by you in various categories.

  1. Pricing Information

While Digital Talk strives to provide accurate product and pricing information, pricing or typographical errors may occur. Digital Talk cannot confirm the price of a product until after You order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Digital Talk shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, Digital Talk may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Unless the product ordered by You has been dispatched, Your offer will not be deemed accepted and Digital Talk will have the right to modify the price of the product and contact You for further instructions using the e-mail address provided by You during the time of registration, or cancel the order and notify You of such cancellation. In the event that Digital Talk accepts Your order the same shall be debited to Your credit card account and duly notified to You by email that the payment has been processed. The payment may be processed prior to Digital Talk dispatch of the product that You have ordered. If We have to cancel the order after We have processed the payment, the said amount will be reversed back to Your credit card account.

Prices and availability are subject to change without notice.

  1. Cancellation By Digital Talk

Please note that there may be certain orders that We are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in Your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact You if all or any portion of Your order is canceled or if additional information is required to accept Your order. If Your order is canceled after Your credit card has been charged, the said amount will be reversed back in Your Card Account.

  1. Credit Card Details

You agree, understand and confirm that the credit card details provided by You for availing of services on Digital Talk 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 payment on Digital Talk. Your credit card information never reaches Digital Talk, We just get pass, hold or fail message from our payment gateways. The said information will not be utilized and shared by our payment gateways or Digital Talk with any of the third parties unless required for fraud verifications or by law, regulation or court order. Digital Talk 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.

  1. Fraudulent/ Declined Transactions

Digital Talk reserves the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Site fraudulently. Digital Talk reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

  1. Payment
    1. While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
      ➢ Lack of authorization for any transaction/s, or
      ➢ Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
      ➢ Any payment issues arising out of the transaction, or
      ➢ Decline of transaction for any other reason/s
    2. Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
    3. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Digital Talk liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Digital Talk’s Website.
    4. You have specifically authorized Digital Talk or its service providers to collect, process, facilitate and remit payments and/or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Digital Talk is on a principal to principal basis and by accepting these Terms of Use you agree that Digital Talk is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Digital Talk’s Website that are paid for by using the Payment Facility. Digital Talk does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
    5. You understand, accept and agree that the payment facility provided by Digital Talk is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Digital Talk Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Digital Talk is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
    6. Digital Talk reserves the right to impose limits on the number of Transactions or Transaction Price which Digital Talk may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
    7. Digital Talk reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Digital Talk or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
    8. Digital Talk may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Digital Talk. As a result of such check if Digital Talk is not satisfied with the creditability of the Buyer or genuineness of the Transaction/ Transaction Price, it will have the right to reject the receipt of/ Buyers commitment to pay Transaction Price.
    9. Digital Talk may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Digital Talk deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Digital Talk may hold Transaction Price and Digital Talk may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
    10. The Buyer and Seller acknowledge that Digital Talk will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Digital Talk.
  2. Payment Facility for Buyers
    1. You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
    2. You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
    3. You, as a Buyer, shall electronically notify Payment Facility using the appropriate Digital Talk Website features immediately upon delivery or non-delivery within the time period as provided in Policies. Non notification by You of Delivery or non-delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
    4. You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
    5. You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
    6. Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
    7. For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)
    8. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
    9. For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
    10. Refund shall be conditional and shall be with recourse available to Digital Talk in case of any misuse by Buyer.
    11. Refund shall be subject to Buyer complying with Policies
  3. EMI Option
    1. Select your preferred EMI option at the time of payment.
    2. Final EMI is calculated on the total value of your order at the time of payment.
    3. The Bank charges annual interest rates according to the reducing monthly balance. In the monthly reducing cycle, the principal is reduced with every EMI and the interest is calculated on the outstanding balance.
    4. The minimum order value to avail the EMI payment option is Rs 3,000.
    5. In case of any kind of refund in an EMI transaction, interest already billed in a particular transaction will not be refundable under any circumstances.
    6. While you will not be charged a processing fee for availing Digital Talk EMI option, the interest charged by the bank shall not be refunded by Digital Talk.
    7. You may check with the respective bank/issuer on how a cancellation, refund or pre-closure could affect the EMI terms, and what interest charges would be levied on you for the same.
    8. The EMI facility is being offered by the respective banks to the customer and Digital Talk has no role to play in the approval, extension, pricing, modification, pre-closure, closure or any matter incidental thereto pertaining to offering of the EMI facility, which is decided at the sole discretion of the bank.
    9. Service tax, Education cess and other taxes will be levied by the banks on the charges levied by them for the EMI facility as mandated by applicable laws and regulations.
    10. Digital Talk reserves the right to stop facilitating EMI service on www.digitaltalk.in without any prior notice. In the case of customer cancellations or return of items purchased on EMI, Digital Talk will facilitate the refunds for and on behalf of the sellers as per the relevant refund policy. The customer is advised to check with the respective bank/issuer offering the EMI, how the cancellations or refund will affect the EMI terms and of any pre-closure or interest charges levied on the customer.
    11. Digital Talk shall not be held liable for any dispute arising out of or in connection with such EMI facility being offered by the respective banks/issuer including but not limited to the authenticity and/or accuracy of any EMI information supplied by the banks to Digital Talk for displaying on its website.
    12. EMI offer is provided solely at the Bank/Issuer’s discretion. Digital Talk disclaims any and all claims in respect of the same. Under no circumstances shall Digital Talk and/or its affiliates and/or their directors, officers, agents or employees be held responsible for any part of the EMI offer.
  4. Replacement, Return and Cancellation
    1. 7 Day Replacement Guarantee

The 7 Day Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. If at the time of delivery and/or within 7 days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions:

      1. Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within 7 days from the date of delivery and the same product/s will be replaced in return of the defective product/s.
      2. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.

The following products shall not be eligible for return or replacement:

      1. Damages due to misuse of product;
      2. Incidental damage due to malfunctioning of product;
      3. Any consumable item which has been used/installed
      4. Products with tampered or missing serial/UPC numbers;
      5. Any damage/defect which are not covered under the manufacturer’s warrant
      6. Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered.

If Digital Talk has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Digital Talk may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that user and any related users from availing protection through this program.

Digital Talk reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Digital Talk may at its sole discretion suspend, block, restrict, cancel the Display Name (and its related Display Names) of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

    1. Returns Policy

“Return” is defined as the action of giving back the item purchased by the Buyer to the Seller on the Website. The following situations may arise in relation to a Return:
1. The product was defective
2. The product was damaged during shipping
3. The product(s) was/ were missing
4. A wrong item was sent by the Seller

We encourage the buyer to review the listing before making the purchase decision. In case buyer orders a wrong item, buyer shall not be entitled to any return/refund.

Buyer needs to raise the refund request within 7 days from the date of delivery of product, subject to terms & conditions.

Once your return is received by us, a quality check will be performed on the returned items by our quality team.

Any returned item received by us that do not meet the above mentioned conditions, will not be accepted and will be returned back to you at your expense. No amount will be reimbursed in this case.

Once the request for Return is filed, the package needs to be handed over to the authorized logistics partner of Digital Talk within 7 days from the date of confirmation of reverse pick up of the product. Please note that our customer care division will send three reminders for the return

Digital Talk will arrange for a suitable time to get the product picked up from the given pick up address within 7 days from the date of reverse pick up of the product.

One attempt will be made to collect the product, after which Rs.100 will be deducted from the amount to be refunded for every attempt after the first one.

In case you email us with regard to returning a product, your email should contain comprehensive details of the defects/ complaints of the order/ package delivered to you. Please note that Digital Talk shall examine the returned products for all such defects/ variations, on the basis of the customers’ emails.

Please have your Order Number/ Registered Email id, Product Name and your Pick-Up Address information ready before you call or mention them in your requested email in order to receive a Ticket number. Once you receive your Ticket Number, please re-pack the original product(s) & accessories to be returned with all original packaging, invoice and tags. If you are provided with packing material specifically to be used while returning the product, the same must be used for Returns. Please make sure that the returned items are packed securely and safely to prevent any loss or damage during transit. Items not as per aforesaid directions will not be accepted.

In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyer’s account.

If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.

    1. Cancellation

You can cancel your order online before the product has been shipped. Your entire order amount will be refunded.

In case the item You have ordered has been shipped but has not yet been delivered to You, You may still cancel the order online. Your refund will be processed once we receive the originally ordered item is back from the logistics partner.

Unfortunately, an order cannot be cancelled once the product has been delivered to You.

In order to cancel an item in Your order:

      1. Log into your Digital Talk account and go to the ‘My Orders’ page
      2. Identify the item you want to cancel and click on the corresponding ‘View Details’ link
      3. In the detailed order page, you will see ‘Cancel’ links against each of the items in that order
      4. Click on the ‘Cancel’ link, indicate the reason for cancellation, choose a mode of refund and confirm cancellation
      5. Once your cancellation request is created, we will ensure that the cancellation is processed as soon as possible

Once You request the cancellation of item(s) in Your order, it will take us a maximum of 3-5 business days to cancel the order and initiate a refund. You will be notified of the same by email.

If the Order Status shows the item(s) in your order as ‘Shipped’, we will process Your cancellation request directly with our logistics partner. Your refund will be processed soon after we receive the cancelled items back from the courier.

It may take up to 7-10 business days for the respective banks to process the refund. Please get in touch with the banks directly in case of any delays post confirmation of cancellation/refund by Digital Talk.

    1. Product Disclaimer

The details of the products or product specifications (weight, color, size, etc.) as mentioned on the Website are only approximate values.

  1. Electronic Communications

When You visit the Site or send emails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

  1. Conditions For Customer Support Chat
    • Digital Talk may suspend Digital Talk live support service at any time without notice.
    • Digital Talk or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
    • Any communication through chat may be stored by Digital Talk for Digital Talk’s reference; customer would not have the right to access this information at a later date.
    • While chatting You may not put on any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
    • The chat room will not be used for selling of any products or advising on business opportunity or any other form of solicitation.
    • You may proceed further, and chat with our online customer care executive only if You agree to the above terms and conditions.
  2. Contents Posted On Site

While some texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artworks (collectively, “Content”), maybe third party user generated Content and Digital Talk may have no control over such third party user generated Content; there might be certain Content which is posted by in-house teams of Digital Talk. In any case, You are encouraged to make a prudent, reasoned decision towards purchasing any particular Product.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Digital Talk’s express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, 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 the Content You provide. You agree that any Content You post may be used by us, 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.

  1. You Agree And Confirm
    • That You will use the services provided by Digital Talk, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
    • You will provide authentic and true information in all instances where such information is requested of You. Digital Talk reserves the right to confirm and validate the information and other details provided by You at any point of time. If upon confirmation Your details are found not to be true (wholly or partly), Digital Talk has the right in its sole discretion to reject the registration and debar You from using the Services of Digital Talk and/or other affiliated Websites without prior intimation whatsoever.
    • That You are accessing the services available on this Site and transacting at Your sole risk and are using Your best and prudent judgment before entering into any transaction through this Site
    • That the address at which delivery of the product ordered by You is to be made will be correct and proper in all respects.
    • That before placing an order You will check the product description carefully. By placing an order for a product You agree to be bound by the conditions of sale included in the item’s description.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder 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.

It is possible that 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 do 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.

  1. You May Not Use The Site For Any Of The Following Purposes
    • Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
    • Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
    • Gaining unauthorized access to other computer systems.
    • Interfering with any other person’s use or enjoyment of the Site.
    • Breaching any applicable laws.
    • Interfering or disrupting networks or Web sites connected to the Site.
    • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Without limiting other remedies, We may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if We think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of 3 months, or to modify or discontinue Digital Talk Site’s services.

  1. Modification of Terms & Conditions of Service

Digital Talk may at any time modify the Terms & Conditions of Use of the site without any prior notification to You. You can access the latest version of the User Agreement at any given time on Digital Talk. You should regularly review the Terms & Conditions on Digital Talk. In the event the modified Terms & Conditions is not acceptable to You, You should discontinue using the service. However, if You continue to use the service You shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.

Digital Talk.com will not be liable for delays resulting from incomplete address listings. In such cases the customer will have to bear the reshipping charges.

  1. Governing Law And Jurisdiction

This User Agreement shall be construed in accord with the applicable laws of India. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.

Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Digital Talk and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended time to time. The arbitration shall be held in Delhi. The High Court of judicature at Delhi alone shall have the jurisdiction and the Laws of India shall apply.

  1. Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Digital Talk 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 Digital Talk’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Digital Talk of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Digital Talk 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. Digital Talk 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. Digital Talk 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”.

Digital Talk 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 Digital Talk 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 Digital Talk and its affiliates for all claims resulting from any Comments You submit. Digital Talk and its affiliates take no responsibility and assume no liability for any Comments submitted by You or any third party.

  1. Copyright & Trademark

Digital Talk and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Digital Talk or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to Digital Talk or third party suppliers. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for Your own personal, non-commercial use is prohibited without the permission of Digital Talk. You cannot modify, distribute or re-post anything on this Website for any purpose.

The Digital Talk names and logos and all related product and service and Digital Talk slogans are the trademarks or service marks of Digital Talk. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for Your personal use only. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Digital Talk or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by Digital Talk, one of its affiliates or by third parties who have licensed their materials to Digital Talk and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Digital Talk and is also protected by Indian and international copyright laws.

  1. 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, Digital Talk and its affiliates shall have no liability to You for Content that may be deemed offensive, indecent, or objectionable to You.

  1. Indemnity

You agree to defend, indemnify and hold harmless Digital Talk, 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 Digital Talk 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.

  1. Termination

This User Agreement is effective unless and until terminated by either You or Digital Talk. You may terminate this User Agreement at any time, provided that You discontinue any further use of this Site. Digital Talk may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny You access to the Site, Such termination will be without any liability to Digital Talk. Upon any termination of the User Agreement by either You or Digital Talk, You must promptly destroy all materials downloaded or otherwise obtained from this Site, as Well as all copies of such materials, whether made under the User Agreement or otherwise. Digital Talk’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel Your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

  1. Limitation Of Liability And Disclaimers

The Site is provided without any warranties or guarantees and in an “As-Is” condition. You must bear the risks associated with the use of the Site.

While Digital Talk tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Digital Talk will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems You may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, Digital Talk or its suppliers shall not be liable for any indirect, incidental, special, 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. Without prejudice to the generality of the section above, the total liability of Digital Talk to You for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by You. Digital Talk, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Digital Talk assumes no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.

In no event shall Digital Talk be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if user has been informed in advance of the possibility of such damages.

  1. Site Security

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. Digital Talk will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Digital Talk on this Site and other than generally available third party Web browsers (e.g., Netscape Navigator, Microsoft Explorer).

  1. Entire Agreement:

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between You and Digital Talk with respect to the Digital Talk sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Digital Talk with respect to the Digital Talk sites/services. Digital Talk’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

  1. Verified By VISA & MASTERCARD SECURECODE:

Verified by Visa (VbV) is an online service designed to make Internet transactions safer by authenticating a card holder’s identity at the time of purchase. Verified by Visa software installed at a merchant Website activates the cardholder interface during the authentication process.

MasterCard SecureCode is a simple and secure way to pay at thousands of online stores. A private code known only to You and Your bank, Your SecureCode enhances Your existing MasterCard account by protecting You against unauthorized use of Your card when shopping online at participating online retailers.

The aim & objective of Verified by Visa & MasterCard SecureCode is to create a level of consumer trust and confidence in online shopping similar to that in the physical shopping environment. It is designed to improve both cardholder and merchant confidence in Internet purchases as Well as reduce disputes and fraudulent activity related to the use of Visa & MasterCard payment cards

 

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