Please read these terms and conditions of use (“terms and conditions“) carefully before accessing www.voucherdekho.com (“website”) or the VoucherDekho software (“software”). Yocoman Services Private Limited, (“YocoMan”) owns, operates, powers/ manages the website www.voucherdekho.com/ VoucherDekho. Accessing the website or the software indicates that you have read and accepted these terms and conditions. However, if you do not accept these terms and conditions, you are not authorized to use the website or the software. These terms and conditions govern your use of the website, the software, and any content such as text, data, information, software, graphics, audio, video or photographs etc. (“materials”) that YocoMan services private limited (the “company”) and/or its subsidiaries or affiliates may make available through the website or the software and any services that the company may provide through the website or the software. The website, software, materials, and services are referred to in these terms collectively as the “company websites“.
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, 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. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
“www.VoucherDekho.com” includes all online platform(s) (including VoucherDekho
Mobile Applications and Browser Extensions) owned and/or operated by Yocoman
Services Private Limited providing users with the facility to find and use
coupons, deals, discounts, vouchers and offers available for online
“Vendor” / “seller” / “affiliates” shall mean the person or any legal entity who offers for sale, sells, displays, the Vouchers/ Coupons on the online platform provided by their respective website and delivers the ordered products to the customers.
“Customer” / “Buyer” shall mean the person or any legal entity who accepts the offer for sale on goods/services by placing an order for and or purchases any Vouchers/ Coupons offered for sale on affiliates.
“User/You/ Your” means and includes you and/or any person or an entity including Vendor/Seller using or accessing the services provided on this Site and any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Site.
The term “We”, “Us”, “Our” shall mean the Company.
“Product/s” connotes the goods, services, vouchers promoted / displayed on the Site and offered for any use / sale.
This Website is only a venue where Users may meet and interact with one another for their sale and purchase transactions. Therefore, VoucherDekho acts as a facilitator for such sale and 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, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which the seller has complete control and the same may be subject to change.
You agree, understand and acknowledge that www.voucherdekho.com is an online platform, a venue enabling the users to buy any highly curated list of deals, coupons and vouchers. Providing of voucher is solely dependent on confirmation of the purchase by the Seller. VoucherDekho also reserves the right to cancel pending or confirmed vouchers or withhold payments indefinitely if we detect unscrupulous activity, fraud or bulk purchases made by the user. VoucherDekho reserves the right to reduce or remove the available amount without any prior notice, based on our sole discretion.
VoucherDekho reserves the right to modify/change all or any of the terms of applicable to Voucher(s) offer(s) without assigning any reason or without any intimation whatsoever to User. Further, VoucherDekho also reserves the right to discontinue the Voucher(s) offer without assigning any reason or without any prior intimation whatsoever.
You further agree and acknowledge that the Site is not involved in any sale and purchase of goods/products and cannot warranty the quality and merchantability of the goods purchased utilising the vouchers/ coupons purchased. VoucherDekho is only a facilitator, an intermediary and is not and cannot be a party to or control in any manner any transactions between the Vendor/Seller and the Customer/Buyer. VoucherDekho shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users and the Sellers.
VoucherDekho shall neither be liable nor responsible for any actions or inactions of Vendors and/or Sellers or any breach of conditions, representations or warranties by the Vendor or manufacturer of the products. VoucherDekho does not sell or retail any products and does not ensure that the Users shall perform their obligations in respect of the transaction concluded on this Site and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on Website.
You further agree and undertake 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. VoucherDekho accepts no liability for any errors or omissions, whether on behalf of itself or third parties. VoucherDekho shall not be responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users.
Before placing an order you are advised to check the Voucher description carefully. By placing an order for a Deal you agree to be bound by the conditions of sale included in the Voucher’s description.
The agreement between you and VoucherDekho is subject to the following terms and conditions:
- The User certifies that he/she is at least 18 (eighteen) years of age.
- 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 or your login through other group or related ID. By using the services of VoucherDekho you agree to be bound by the Terms and Conditions.
- All prices, unless indicated otherwise are in Indian Rupees.
- By indicating User’s acceptance to purchase any product or service offered on the site, user is obligated to complete such transactions after making payment. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.
- VoucherDekho is neither responsible for any non-performance or breach of any contract entered into between Users nor make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the products or services proposed to be sold or offered to be sold by the seller or purchased by the buyer, on the Website.
- You are advised to independently verify the bona fides of any particular Vouchers/ coupons that you choose to buy with on the Website and use your best judgment in that behalf. VoucherDekho, accepts no liability for any errors or omissions, whether on behalf of itself or its channel partners/ Sellers or third parties.
- In a credit card transaction, you must use your own credit card. VoucherDekho will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, VoucherDekho reserves the right to cancel all past, pending and future orders without any liability.
- The User agrees to use the services provided by VoucherDekho, its affiliates, consultants and contracted companies, for lawful purposes only.
- The User agrees not to make any bulk purchase to indulge into any reseller activities. In case of any such instances, VoucherDekho reserves all rights to cancel the current and future orders and block the concerned User account.
- The User agrees to provide authentic and true information. VoucherDekho reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), VoucherDekho shall in its sole discretion reject the registration and debar the User from using the Services available on its Website, and / or other affiliated websites without prior intimation whatsoever.
- VoucherDekho will not be responsible for any damage suffered by users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of parties. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
- Failure/ denial by a company/brand to honour the deal/ Coupon or coupon code not working in case of online coupons needs to be reported within 24 hrs of the purchase of the deal/ coupon.
- Cancellation on user’s request, may not be allowed, subject to the specific terms and conditions applicable to the type of product or service purchased.
- All order/sub orders cancelled will be refunded as per the payment mode selected by customer.
- VoucherDekho 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 pre-set limit mutually agreed by us with our acquiring bank from time to time.
- VoucherDekho reserves the right to send transactional emails and SMS’s related to any order placed by a User and the User agrees that the same will not tantamount to spam. By submitting your mobile number, you agree to receive calls/SMS’s from VoucherDekho or its authorized representative, irrespective of your registration on Do Not Disturb (DND) with your telecom service provider.
- You agree to receive calls from VoucherDekho and its agents, merchants, courier partners seeking clarification/information regarding your order and any other related information as and when required and disclaim any liability of VoucherDekho in this regard.
Third Party Information
The content on the Website which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is a combination of Third Party content and our content. We have no control over such third party user generated content as we are merely an intermediary for the purposes of this Terms of Service. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the User shall be solely responsible for any loss caused and we shall not be liable. You may send us an email at [email protected] to report any such content.
The use of such content and it being 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 Our express prior written consent is not allowed.
Reviews, comments and other User Content
We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.
Users of our website may post reviews, comments and other content; as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. In case a User uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, VoucherDekho the right to remove, refuse, delete or edit any content that violates these Conditions of use and, or terminate your permission to access or use our website.
In the event a Voucher/Coupon is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or contents of Voucher/ Coupon information received from our channel partners or sellers, VoucherDekho shall have the right to refuse or cancel any orders placed for vouchers/ Coupons listed with incorrect price or information. VoucherDekho shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, VoucherDekho shall issue a credit to your credit/debit card account in the amount of the charge.
In order to facilitate payments for vouchers/ Coupons purchased by You through Website, VoucherDekho offers an online payment gateway facility that will facilitate You to make payments in respect thereof to VoucherDekho using UPI, net banking, credit/debit card account or any other mode acceptable and made available to the users from time to time, subject to Your complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the website of the payment gateway service provider/s.
Credit card details
You agree, understand, undertake and confirm that the credit/debit card details provided by You for making payments for vouchers/ Coupons purchased through Website, either through the on-line payment gateway mechanism will be correct, current, complete and accurate and you shall not use the credit card/ debit card or any other bank account which is not lawfully owned by you. The aforesaid information provided by You will not be shared by VoucherDekho with any of the third parties unless required by law, regulation or court order or for facilitating and completing the purchases made by You. VoucherDekho will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details in anyway.
Membership cannot be availed of by those who are deemed Incompetent to Contract under the Indian Contract Act, 1872 subject to the aforementioned conditions.
User may also choose to link your social network profile of Facebook with Us and use that as the login credentials. VoucherDekho shall use the same to retrieve certain details from them including name, birthday, gender, location, email ID and access Your friends’ list. However VoucherDekho shall not post anything on User’s behalf without User’s permission.
Registration of the User on the Website is Mandatory. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party’s under ID and Password for any purpose whatsoever without proper authorization from such party. User are responsible for the security of User’s password and for all transactions undertaken using User’s password through our service. User confirms that he/she is the authorized holder of the credit card or the original account holder used in the transactions under this Site. VoucherDekho will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of user’s ID/password/credit card number/account details number for using VoucherDekho Services.
The user also agrees and undertakes to immediately notify VoucherDekho of any unauthorized use of the user’s password or user ID and to ensure that the user logs off at the end of each session at the website. VoucherDekho shall not be responsible for any, direct or indirect, loss or damage arising out of the user’s failure to comply with this requirement.
The membership of this Website is free of cost and this includes only the browsing of the Website. You hereby understand that this no charge policy may be amended at anytime in the discretion of the Website and the Company. The User also agrees to:
- provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form (“Registration Data”) on the Website; and
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or VoucherDekho has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VoucherDekho shall have a right to suspend or terminate User’s registration and refuse any and all current or future use of the Website and/or any Service.
- Furthermore, the User grants VoucherDekho the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
You are a restricted user of this Website.
- You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. With Our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
- You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content by sending us an e-mail at [email protected]
- You hereby agree not to access another User’s account or post as another User through an account not owned by You.
- In the event You are able to view another User’s account and confidential information, You are required to send an email to Us notifying Us of the same immediately on [email protected]
- You hereby agree not to provide information about the functioning of the Website on any public forum.
- You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. While We shall not be held liable or answerable to Users for any such acts on Your part, violation of this clause would lead to potential criminal legal action against You, either by other Users of the Website or by Us.
- We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
You agree that you shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that
- belongs to another person and to which you do not have any right to;
- 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;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any information which 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;
- 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.
- 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
You shall indemnify and hold harmless to VoucherDekho and (as applicable) VoucherDekho’s parent (Yocoman Services Private Limited), subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfilment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, Confidentiality obligations, 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. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company’s defence of such claim
This clause shall survive the expiry or termination of this Agreement.
Disclaimer Of Warranties/Limitation Of Liability
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
USER ACKNOWLEDGES THAT THROUGH THIS SITE, VOUCHERDEKHO MERELY ACTS AS A FACILITATOR, IN ORDER TO FACILITATE HIGHEST QUALITY SERVICES TO THE USERS. VOUCHERDEKHO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, BUT SHALL ENDEAVOUR TO ENSURE USER FULLEST SATISFACTION.
VOUCHERDEKHO IS NOT LIABLE FOR ANY CLAIMS AGAINST LACK OR DEFICIENCY OF SERVICES; NON-FULFILLMENT OR UNSATISFACTORY FULFILLMENT OF PRODUCTS AND SERVICES PURCHASED BY USER FROM THE THIRD PARTY. THUS, VOUCHERDEKHO SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN THE USERS OF THE SITE AS REGARDS THE STANDARDS OF PRODUCTS AND SERVICES. IN NO EVENT SHALL VOUCHERDEKHO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE PRODUCTS AND SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSIONS OR DATA; (D) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE.
VOUCHERDEKHO SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND VOUCHERDEKHO’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU AGREE NOT TO HOLD YOCOMAN SERVICES PRIVATE LIMITED, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENTTHAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY YOCOMAN SERVICES PRIVATE LIMITED OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL YOCOMAN SERVICES PRIVATE LIMITED ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT YOCOMAN SERVICES PRIVATE LIMITED OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO YOCOMAN SERVICES PRIVATE LIMITED DURING THE THREE MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and VoucherDekho and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes VoucherDekho and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed VoucherDekho and its agents as their agent for this purpose.
The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
The headings and sub-headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Service or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Communication with Users
VoucherDekho reserves the right to communicate with Users regarding this site and User’s use of this site or any product or service purchased by User on this site.
VoucherDekho shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
This agreement and each TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Delhi.
We reserve the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Website after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this Website prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires the Company or any of their assets.
Notice of Copyright Infringement
VoucherDekho is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. The Company respects the intellectual property rights of others. Accordingly, the Company has a policy of removing User Submissions that violate copyright law, suspending access to the Company Websites (or any portion thereof) to any user who uses the Company Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Company Websites in violation of copyright law. If you believe your copyright or other intellectual property right is being infringed by a user of the Company Websites, please provide written notice to [email protected]
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow the Company to locate that material; (d) contain adequate information by which the Company can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to the Company’s designated agent, as they will be deleted upon receipt.
When you visit the Website, use the Software or send e-mails to the Company, you are communicating with the Company electronically. The Company may respond to you by e-mail or by posting notices on the Website or the Software. You agree that all such notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.
The Website and the Software may be subject to limitations, delays, outages, and other problems that are inherent in the use of the internet, software and other electronic communications. The Company is not responsible for such delays, failures, or other damages that result from such problems.
Except as set forth in “Other agreements; software, services or access”, below, the Company may terminate, suspend, or modify your registration with, or access to, all or part of the Company Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the Company Websites at any time. If you breach any of these Terms and Conditions, your authorization to use the Company Websites automatically terminates and you must immediately destroy any downloaded or printed Materials and any copies thereof.
The company websites are provided “as is” and “with all faults” and the entire risk as to the quality and performance of the company websites are with you. Should the materials or services prove defective, you, and not the company, shall assume the entire cost of all necessary servicing and repair. The company expressly disclaims all warranties of any kind, whether express, implied, or statutory, with respect to the company websites (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, the company makes no warranty that the company websites will meet your requirements or that the company websites will be uninterrupted, timely, secure, or error free or that defects in the company websites will be corrected. The company makes no warranty as to the results that may be obtained from the use of the company websites or as to the accuracy or reliability of any information obtained through the company websites. No advice or information, whether oral or written, obtained by you through the company websites or from the company, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “company parties“) shall create any warranty. The company disclaims all equitable indemnities.
You understand and agree that any material or data downloaded or otherwise obtained through the company websites is done entirely at your own discretion and risk and you shall be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. The company shall not be liable for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
The company shall not be liable for any third party websites, products, services and other content. The advertisements which may be available on e-mails or the company websites with respect to the third party websites, products and services are for information purpose only.
The company shall not be liable for delays or inabilities in performance or non-performance in whole or in part due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of god, fire, strikes, embargo, acts of government, acts of terrorism, climatic conditions, labour unrest, insolvency, business exigencies, government decisions, change of laws, operational and technical issues, route issues, acts of third parties or other similar causes and problems.
These Terms and Conditions, together with any additional terms to which you agree when using particular elements of the Company Websites, constitute the entire and exclusive and final statement of the agreement between you and the Company with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and the Company with respect to such subject matter. The Company Parties are third party beneficiaries with respect to the provisions in these Terms and Conditions that reference them. These Terms and Conditions and the relationship between you and the Company shall be governed by the laws of India as applied to agreements made, entered into, and performed entirely in India, notwithstanding your actual place of residence. All disputes arising from or relating to these Terms and Conditions or your use of the Company Websites shall be brought in the courts of Delhi, and you hereby irrevocably submit to the exclusive jurisdiction of such courts for such purpose. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of the Company and you as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect. The Clause titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions shall remain in full force and effect notwithstanding any termination of your use of the Company Websites. These Terms and Conditions will be interpreted without application of any strict construction in favour of or against you or the Company. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
Modifications to these Terms and Conditions
The Company may, in its sole and absolute discretion, change these Terms and Conditions from time to time. The Company will post notice of such changes on the Website or the Software. If you object to any such changes, your sole recourse shall be to cease using the Company Websites. Continued use of the Company Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms and Conditions may be superseded by expressly-designated legal notices or terms located on particular pages of the Company Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and Conditions and to supersede the provision(s) of these Terms and Conditions that are designated as being superseded.