Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

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 Terms of Use for access or usage of www.damselcode.com website.

Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact/interact/use 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 Damselcode and these terms and conditions including the policies constitute your binding obligations, with Damselcode

 

User account, password & security

You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

Services offered

The Company provides a number of Internet-based services through the Web Site (all such services, collectively, referred to as the “Service”)

Communication

You understand that once you register as a Damselcode user on the Website or place an order on the Website, You will receive SMS messages and emails from Damselcode on Your registered mobile number and/or email address. These messages/emails could relate to your registration, or any updates and promotions that are undertaken by Damselcode. Please note that Damselcode will send these SMS messages/emails only to the registered mobile number or such other number or registered email address that you may designate for any particular purpose..

Charges

Membership on the Website is free for buyers. Damselcode does not charge any fee for browsing and buying on the Website. Damselcode reserves the right to change its Fee Policy from time to time. In particular, Damselcode may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Damselcode reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Damselcode.

Limited usage

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from this Website. 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 this Website is not permitted.

User conduct & Rules

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper by way of example, and to carry out other lawful activities, and you agree and undertake that when using a Service, you will not:

– defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

– publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

– falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

– violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

– violate any applicable laws or regulations for the time being in force in or outside India; and

– violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

Exactness not guaranteed

Damselcode hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet be identical to as depicted on the Website. (In this instance you agree that Damselcode’s return/exchange policy) shall be binding and enforceable in all respects.

Intellectual property

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Damselcode owns all Intellectual Property Rights to all content on this Website, including, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Damselcode.com without obtaining authorization from Damselcode. Damselcode does not own any and all rights, title and interest in and to copyright, related rights, registered designs, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not) to the products sold on damselcode.com.

Links to third party sites

The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of damselcode.com or the Website and damselcode.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site damselcode.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Damselcode.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Damselcode.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Copyright infringement – notice & take-down procudure

Damselcode sources all products on the website through third-party vendors and specifically prohibits the posting of any content, products or text that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material or product contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Damselcode will process notices of alleged infringement which it receives and will take appropriate action as required by the Intellectual Property Office of Singapore. The IPOS requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent at the following address: (Contact@Damselcode.com)

To be effective, the notification must be in writing and contain the following information:

– physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
– identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
– identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and
– information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
– a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
– a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimer of warranties/Disclaimer of liabilities

Damselcode has endeavored to ensure that all the information on the Website is correct, but Damselcode neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall damselcode.com 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 Services; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) 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 or Service. Neither shall damselcode.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, damselcode.com 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 the Company’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.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless damselcode.com and all associated founders/employees from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by damselcode.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

Princing

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at the Company’s discretion.

Shipping

Title and risk of loss for all products ordered by you shall pass on to you upon Damselcode’s shipment to the shipping carrier.

Termination

Damselcode.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached a term of these Terms. Notwithstanding the above, these Terms will survive indefinitely unless and until damselcode.com chooses to terminate them. If you or damselcode.com terminates your use of the Website or any Service, damselcode.com may delete any content or other materials relating to your use of the Service and damselcode.com will have no liability to you or any third party for doing so.  You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party.

Governing Law

These terms 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 at Bangalore.