Terms & Conditions: (Updated 10-12-2014)
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- General Terms:
- By agreeing to these Terms of Service, you represent that you are at least 18 years of age.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- A breach or violation of any of the Terms will result in an immediate termination of your Services.
- Hacking: You must not transmit any worms or viruses or any code of a destructive nature. Any kind of hacking, gambling or playing with DealKhel servers or user accounts is not strictly prohibited. Anyone who found participation in such activities will be banned for the site and no products will be dispatched to the user if won. DealKhel will file case or take legal action against such activities
- The bid package once purchased and bid fee once paid are non-refundable for cash or any other form expect that bid fee can only be refunded when placing buy now orders.
- We reserve the right to refuse service to anyone for any reason at any time.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION : We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
- MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- PRODUCTS OR SERVICES
- Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
- We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
- We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- To be DealKhel member you have to be resident of India and over 18 years of age, provide valid email address and verify their mobile.
- Creating multiple user accounts is strictly prohibited. One person can have only one account. Users found creating multiple account will be banned from the site permanently.
- Register member can change their mobile number again through verification process only.
- Members who are not logged for a period of 180 day period are deactivated.
- Employees of DealKhel and their respective family members or relatives are prohibited from participating in auctions.
- Auction Process:
- Bid Package Terms:
User has to purchase bid package to participate in bidding on auctions.
DealKhel Offers Bonus bids on purchase of a bid package. The bonus amount will be soley decided by DealKhel Team.
The package purchased can only be used to bid on the auctions. The bid credits cannot be used to pay for Buy Now orders or exchanged for cash or any other form.
Bid Package Purchased has a validity of 6 months.
- Bidding Terms:
To bid on an auction user has to pay small amount of fee for each bid as admin fee. The bid fee will vary from auction to auction depending on the MRP and it will be specified in the particular auction details. The bid fees paid for bidding on auction is non-refundable in any form expect as discount on MRP when placing Buy Now orders. Bids once placed cannot be changed or cancelled.
- Auction Types:
Time Limited: In this type of auction, the auction ends after a predefined time set by DealKhel.
Bid Limited: In this type of auction, the auction ends when the total number of bids on that auction reaches a predefined bid limit set by DealKhel.
Book2Win: In this type of auction, there is no bidding users will book seats using numbers and the auction ends when the total number of seats on that auction reaches a predefined bid limit set by DealKhel. One random participant will be choosen as a winner.
- Auction Close: The bidding process ends after auction reaches the auction close time as per DealKhel server time Or the number bids placed is greater than predefined number of bids limited for that auction. No more bids are allowed once the auction closed. We shall not be liable for any causes preventing the receipt of Bids, the bidding of Bids into an Auction or the receipt by you of any “Unique Bid Response” for any reason, including but not limited to failure of the hardware or software providing access to the Internet or any other technical difficulties whatsoever regardless of whether they are within or outside of our direct or indirect control.
Book2Win Auctions closes when number of seats booked reached the booking seat limit set by DealKhel.
- Auction Cancel: If an auction gets cancelled for any reason the bid fee paid will be refunded to the users who placed bids on the auction as bid credits. DealKhel reservers the right to cancel auction at anytime.
- Auction Winner: Auction winner must cliam the winning auction by paying the winning bid within 14 days of auction close time. Every auction winner under goes verification of bids, bid package purchased and identity. Only after the verification is completed the product will be dispatched. In case the winner has failed to make claim or pass verification then DealKhel with its own decision without any prior notice can declare the next lowest and unique bidder as the winner for that auction.
Under Automobiles category MRP shown is Ex-Showroom price only, so its winner responsibility to bear the difference between the on road price and ex-showroom price like road tax, Insurance, RTO Fee etc.
- Refund Scheme (Buy Now Orders): After the auction closes, Non successful bidders may buy the product at a discounted price using the bid fee placed on that auction.
For example, if a user placed 323 bids, each bid costing Rs.6 on an auction with MRP Rs.23,100. And if the user didn’t win the auction then
Buy now MRP = Rs.23,100(MRP)-Rs.6(Bid Fee)*323(Bid Count) = 23,100-1,938 = Rs.21162.
This scheme is valid till 48 hours after the auction closes.
Buy now orders are valid only on Time Limited Auctions with shopping cart icon excluding Bonus Packs & Gift Cards Categories,
Buy now orders cannot be placed Bid Limited & Book2Win auctions.
Total Refund Amount cannot exceed MRP of the product.
- To earn badges minimum transaction value should be Rs.5000 ie., for auctions MRP value, for buy now orders discount MRP value & for Bid Packages MRP value should be greater than Rs.5000. This restriction is set to limit the misuse of badges so that only genuine bidders can get the real benifit.
- Bonus Bid Pack & Gift Card Auctions are excluded from winning auction related badges like Bronze Cup, Silver Cup, Gold Cup, Platinum Cup etc..
- Badges will be awarded only after you claim an auction.
- Shipping Policy:
- Dispatch: Product will be dispatched in 14 days after all the due verification of the order is completed. If the product is not in stock it will take up to 30 days. Products will be shipped via DealKhel preferred & trusted courier partner like DTDC, BlueDart, Fedex etc. User choice is not guaranteed.
- Shipping address must be valid address in India. Once the product is shipped the delivery address cannot be changed. You need to update the shipping address you entered in your account time to time.
- Shipping charges is free unless otherwise mentioned in the auction details.
- Address Not Available: If the product shipped is returned back to DealKhel due to incorrect address or person not availble or any other reason then in that case person has to pay again all the shipping & tax charges to recieve the product from company. The Winners are required to send the confirmation of receiving the product sent through courier which they had won.
- Refund Policy:
- Bid Fee: Bid fee paid on certain auction can only be refunded as discount on auction MRP after the auction closes. DealKhel has the sole discretion to limit or change the refund amount.
- Not In Stock: If the product is not shipped within 30 days due to any reason, the order will be cancelled and the amount will be refunded as bid credits.
- Bid Package: Bid Package once purchased is non-refundable for cash or any other form expect for bidding on auctions.
- Buy Now Orders: Buy now orders cannot be refunded or cancelled once placed.
- Return Policy:
- Product Damaged: Products will be replaced if the product is damaged in transit. You need to inform the courier person when you received it and inform the DealKhel team within 24 hours of delivery. The damaged product should be sent back to DealKhel office address for due verification. After verification of the product, we will dispatch the replaced product within 14 days. User has to bear the transfer, shipping or delivery charges if any to return the product to DealKhel. Product should be unused in original condition.
- ACCURACY OF BILLING AND ACCOUNT INFORMATION
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- OPTIONAL TOOLS
- We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
- You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
- THIRD-PARTY LINKS
- Certain content, products and services available via our Service may include materials from third-parties.
- Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- USER COMMENTS, FEEDBACK, TESTIMONIALS AND OTHER SUBMISSIONS
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- ERRORS, INACCURACIES AND OMISSIONS
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
- PROHIBITED USES
- Team play : It is strictly forbidden to bid in the same auction with your family members, friends, or acquaintances. Any attempts at this type of collusion may make other bidders feel like they're not bidding on a level playing field. DealKhel is using sophisticated software, monitoring systems and safety protection measures to detect bidders who are not complying with this policy. Bidders found to be participating in teams will have all their auction wins voided, and in severe or repeat instances such users will be permanently suspended from the auctions without a chance to receive refund. Please note that while DealKhel works hard to shut down any accounts engaging in team play as soon as possible, bids will not be reimbursed to other bidders involved in auctions where team play has taken place. To ensure that accounts engaging in team play are shut down as fast as possible, DealKhel encourages bidders to report any suspected team players to the customer service team.
- Use of third party bidding software: The use of any kind of external bidding software is strictly forbidden. DealKhel will under its discretion void auction wins and shut down accounts caught using such tools to bid on the website.
- In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case DealKhel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- You agree to indemnify, defend and hold harmless DealKhel and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
- ENTIRE AGREEMENT
- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
- GOVERNING LAW
- CONTACT INFORMATION: Questions about the Terms of Service should be sent to us at [email protected].