Divony.in provision of services to you are subject to the terms and conditions given hereunder. If you visit us at Divony.in, you accept these Terms and Conditions. Please read them carefully. In addition, when you use any Divony.in service or visit or purchase from any business affiliated with Divony.in, whether or not included in Divony.in, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Divony.in. By using the shopping and other services of Divony.in, you agree to be bound by these terms and conditions. All products/services and information displayed on Divony.in constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Divony.in reserves the right to accept or reject your offer at any time or under any circumstances.

 

Definitions

"Divony.in" means the online shopping platform www.Divony.in (site/website).

 

"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.

"Product/Products" means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on Divony.in by its Vendor and the related description, information, procedure, processes, warranties, delivery schedule, etc.

 

"Vendor" / "seller" /"affiliates" shall mean the person or any legal entity who offers for sale, sells the products on the Divony.in platform.

 

Electronic Communication

When you visit Divony.in or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Divony.in. 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.

 

Disclaimer of warranties and limitation of liability

 

Divony.in has made this service available to use as a matter of convenience. Divony.in expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. Divony.in also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Divony.in does not warrant that these sites/applications, its servers, or e-mail sent from Divony.in are free of viruses or other harmful components.

 

Divony.in will not be liable for any damages of any kind arising from the use of these sites/applications, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

 

The Service(s) of Divony.in is provided on an "as is" basis without warranties of any kind, whether express or implied. Divony.in does not represent or warrant maintaining the confidentiality of information; although Divony.in's current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood by the User that all warranties and after sales services, implied or expressed, take place directly between the vendors and the User/buyer/customer and the terms of sale by the vendor

 

Divony.in does not endorse in anyway any advertisers/ contents of advertisers on its pages or other communication.

 

Divony.in will not be responsible for any damage suffered by Users from use of the services on its sites/applications. 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 the vendor. 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 or mobiles virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

Divony.in assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

 

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The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the .services

 

 

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Any interruption or errors in the operation of the services. You expressly understand and agree that Divony.in shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Divony.in has been advised of the possibility of such damages)

 

User agrees and acknowledges that User shall be solely responsible for User's conduct and that Divony.in reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall Divony.in, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever 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 Divony.insites/services/applications for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.

 

Divony.in therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on Divony.in.

 

Divony.in shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of Divony.in.

 

Notwithstanding anything contained herein, Divony.in acts only as a booking agent/platform to facilitate / integrate transactions between the Users/buyers and sellers through various platforms for various vendors/affiliates/merchants and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users for the products or if the vendors/affiliates/merchants is not able to service the order of the User for any reason or any misrepresentation of any sort by the vendors/affiliates/merchants. In no event shall Divony.in, its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms.

 

Prices, unless indicated otherwise are in Indian Rupees and Divony.in reserves the right to enhance the currency offerings or limit the currency offerings at any time without notice.The availability of products is subject to change without prior notice at the sole discretion of Divony.in and orders can be cancelled if the product goes out of stock with the Vendor/Seller.

 

Divony.in reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or cheque or otherwise. In the event the payment has been processed by Divony.in the refund amount shall be credited to your credit card account or sent by cheque, and you would be duly notified by email.

 

In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Divony.in will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.

 

Any request for cancellation of orders once duly placed on the site, shall not be entertained.

In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by Divony.in for re-delivery shall be claimed from the User placing the order.

 

All products are duly screened and assured by the vendors to ensure that the products are of the standard, quality, composition, style or model that they represent and as displayed on Divony.in on behalf of the vendor/merchant/affiliate/merchant. All and any additional information/description, etc. for a product that is displayed/showcased on Divony.in is on behalf of the vendor/merchant/affiliate/manufacturer and is as provided to Divony.in. Divony.in does not take any responsibility for any incorrect or error in the display/showcase of such information.

Presently, the service(s) of Divony.in are being offered free. However, Divony.in reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes as per the terms of the buyer/seller. Divony.in also reserves the right to offer certain services or product offers, exclusively to a limited set of customers at its sole discretion or under specific terms & conditions.

 

Divony.in and its affiliates reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.

 

Use of the Divony.in is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use Divony.in. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Divony.in and shall not purchase any items. As a minor if you wish to purchase an item, such purchase may be made by your legal guardian or parents who have registered as users of Divony.in or can use Divony.in as a Guest User. Divony.in reserves the right to terminate your registration and refuse to provide you with access to Divony.in if it is brought to Divony.in's notice or if it is discovered that you are under the age of 18 years.

 

Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms & Conditions/User Agreement and you have the authority to bind that business entity to these Terms & Conditions/User Agreement.

 

Trademark

The logo / image of Divony.in on the home page of the websites or applications & other pages and as used in the communication to the User is registered by Divony.in and cannot be used or communicated or distributed without the specific and written permission of Divony.in.

 

License and Site Access

Divony.in grants you a limited license to access and make personal use of the websites applications and not to download (other than page caching) or modify it, or any portion of it, except in case Divony.in gives consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of these websites/applications or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. These sites/applications or any portion of these sites/applications may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Divony.in. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Divony.in and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" and Divony.in's name or trademarks without the express written consent of Divony.in. Any unauthorized use terminates the permission or license granted by Divony.in. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Divony.in. as long as the link does not portray Divony.in, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any Divony.in logo or other proprietary graphic or trademark as part of the link without express written permission.

 

Your Account

If you use Divony.in, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and also you agree to accept responsibility for all activities that occur under your account or password. Divony.in does sell products for children, but it sells them to adults, who can purchase with a credit card or otherwise. If you are under 18, you may use Divony.in only with involvement of a parent or guardian or otherwise, Divony.in has the right to cancel any order or service to the User. Divony.in and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Divony.in is associated with various business partners for the supply and service of goods directly to the customers. Divony.in is a marketplace for the products with its business partners. The after sales service and warranty for the products sold by our business partners, as duly applicable, for the respective products, will be taken undertaken and handled by the respective business partners or through their respective service centres.

 

Reviews, Comments, Communications, and other Contents

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on 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." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Divony.in reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Divony.in and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Divony.in and its affiliates and sub-licenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Divony.in or its affiliates for all claims resulting from content you supply. Divony.in has the right but not the obligation to monitor and edit or remove any activity or content. Divony.in takes no responsibility and assumes no liability for any content posted by you or any third party.

 

Suspension due to Non-Compliance with Agreement

Notwithstanding other legal remedies that may be available to Divony.in, Divony.in may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the sites/applications if:

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The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of Divony.in

 

 

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The user has provided wrong, inaccurate, incomplete or incorrect information

 

 

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The user attempts to defraud Divony.in by using the functionalities on the websites/ mobile sites/applications;

 

 

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Your actions may cause any harm, damage or loss to the other Users or Divony.in

 

 

Illegal and/or unauthorized use of the service, including unauthorized framing of or linking toDivony.in will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress

Risk of Loss

All items purchased from Divony.in are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to the carrier by the vendor/merchant/affiliate/manufacturer.

 

Product Description

Divony.in and its affiliates attempt to be as accurate as possible. However, Divony.in does not warrant that product descriptions or other content or prices/amounts on Divony.in are accurate, complete, reliable, current, or error-free. If a product offered by Divony.in itself is not as described, your sole remedy is to return it in unused condition.

 

Pricing

Except where noted otherwise, the Selling Price/MRP/MOP/List Price/Offer Price displayed for products on our websites/mobile sites/applications represents the full retail price listed on the product itself, suggested /offered by the manufacturer or supplier or one of our merchants/affiliates, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Selling Price/MRP/MOP/List Price/Offer Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set/pack/combo/arrangement, the Selling Price/List Price/HS18 price may represent "open-stock" prices, which mean the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set/pack/combo/arrangement. The final price that will be applicable to a user for purchase and payment will be as per the price that is displayed in the shopping cart of the customer which can be inclusive or exclusive of any other charges in terms of the usage of Divony.in.

 

Material Submitted by Users

Certain elements of the sites/applications will contain material submitted by users. Divony.in accepts no responsibility for the content's accuracy or nature or to the conformity to applicable laws of such material.

 

Advertising Material

Part of the sites/applications contains advertising/other material submitted to Divony.in by third parties. Responsibility for ensuring that material submitted for inclusion Divony.in complies with applicable International and National law is exclusively on the advertisers and Divony.in will not be responsible for any claim, error, omission or inaccuracy in advertising material. Divony.in reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on Divony.in will be subject to Divony.in terms and conditions which are available on request.

 

Indemnity

You shall indemnify and hold harmless Divony.in, its subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement and Terms and Conditions or your violation of any law, rules or regulations or the rights of a third party.

 

Data Protection

Divony.in may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy policy.

 

SMS Communication Process for National Do Not Call (NDNC) Registered Subscribers

As per TRAI guidelines, Divony.in is permitted to send informational/promotional SMS to its NDNC Registered Subscribers in the following situations:

At the time of Registration by the customer on Divony.in; and

Sending the referred SMS for a period of 6 months from the time of placing a valid order with Divony.in

In Concurrence with the TRAI Guidelines, Divony.in will:

Keep the customer informed of the process of Opting- IN & OUT of the SMS Promotions Service on a fixed periodic basis.

Obtain a fresh request from the subscriber every six months for continuing to receive such information;

Intimate to the subscriber at least once in 30 days about the procedure to opt out from receiving such information;

Provide details regarding procedure to opt out from receiving such information in every advertisement wherein the Opt-In procedure is published any media;

Maintain a record of the request made by the subscriber for receiving such information for at least three months and provide such record as and when required by the Authority;

Not send any objectionable, obscene, unauthorized content, message or communication which is against public interest or national security or which infringes any copyright, intellectual property right etc, and the information does not contain any content which may violate any law of the land.

 

Force Majeure

Divony.in shall have no liability to you for any interruption or delay in access to the Sites/Applications irrespective of the cause.

 

Arbitration

If any dispute arises between you and Divony.in, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions, the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by Divony.in. The place of arbitration shall be Delhi/New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

 

Applicable law

This site is created and controlled by Divony.in. The laws of India shall apply and courts in Delhi/New Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers.Divony.in reserves the right to make changes to the terms, conditions and disclaimers at any time and without information to the customers/users of the services/of Divony.in. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.

 

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.

You agree, undertake and confirm that you shall not host, display, upload, modify, publish, transmit, update or share any information which:

belongs to another person and to which the 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;

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.

Any complaint with regard to any violation of Terms of Use on this site should be addressed to the Grievance Officer. The name and contact details of the Grievance Officer are provided below:

            Chandan Singh Dhillon

            5090, Main Bazar, Pharganj

            New Delhi – 110048

            Email:

            Phone:

 

 

 

 

 

 

PRIVACY POLICY

 

Divony.in and its affiliates respect your privacy. This Privacy Policy provides succinctly the manner your data is collected and used by Divony.in. You are advised to please read the Privacy Policy carefully. By accessing the services provided by Divony.in you agree to the collection and use of your data by Divony.in in the manner provided in this Privacy Policy.

 

We want you to

*         feel comfortable using our websites, mobile sites and mobile applications.

*         feel secure giving information to us.

*         contact us with your questions or concerns about privacy on this site.

*         know that by using our sites/interface you are agreeing to the collection of certain data.

 

Which information is, or may be, collected from you?

We will automatically receive and collect certain anonymous information in standard usage logs through our Web server, including computer-identification information obtained from "cookies," sent to your browser from a web server cookie stored on your hard drive an IP address, assigned to the computer which you use the domain server through which you access our service the type of computer you're using the type of web browser you're using

 

We may collect the following personally identifiable information about you and not limited to on our website and mobile sites and mobile applications :

*         Name including first and last name.

*         Primary email address.

*         Alternate email address.

*         Mobile phone number and contact details.

*         ZIP/Postal code

*         Financial information (like account or credit card numbers); and

*         Opinions of features on our websites.

*         Other information as per our registration process.

 

We may also collect the following information:

*         About the pages you visit/access.

*         The links you click on our site.

*         The number of times you access the page.

*         The number of times you have shopped on our website, mobile site, or mobile applications (apps).

            You can terminate your account at any time. However, your information may remain stored in       archive on our servers even after the deletion or the termination of your account.

 

Who collects the information?

We will collect anonymous traffic information from you when you visit our site/applications (apps). We will collect personally identifiable information about you only as part of a voluntary registration process, on-line survey, or contest or any combination thereof. Our advertisers may collect anonymous traffic information from their own assigned cookies to your browser. The sites/applications contain links to other Web sites/applications. We are not responsible for the privacy practices of such Websites/applications which we do not own, manage or control.

 

How is the information used?

We use your personal information to:

*         Help us provide personalized features

*         Tailor our sites, applications to your interest

*         To get in touch with you when necessary

*         To provide the services requested by you

*         To preserve social history as governed by existing law or policy

 

We use contact information internally to:

*         Direct our efforts for product improvement

*         Contact you as a survey respondent

*         Notify you if you win any contest; and

*         Send you promotional materials from our contest sponsors or advertisers

 

Generally, we use anonymous traffic information to:

*          Remind us of who you are in order to deliver to you a better and more personalized service from             product offering, advertising and editorial perspectives;

*          Recognize your access privileges to our Websites, mobile sites and/ or Applications

*          Track your entries in some of our promotions, sweepstakes and contests to indicate a player's    progress through the promotion and to track entries, submissions, and status in prize drawings

*          Make sure that you don't see the same ad repeatedly

*          Help diagnose problems with our server

*          Administer our websites/applications, track your session so that we can understand better how    people use our sites/apps/ interfaces

 

With whom will your information be shared?

We will not use your financial information for any purpose other than to complete a transaction with you.

We do not rent, sell or share your personal information and we will not disclose any of your personally identifiable information to third parties unless:

*         We have your permission

*         To provide products or services you've requested

*         To help investigate, prevent or take action regarding unlawful and illegal activities, suspected       fraud, potential threat to the safety or security of any person, violations of Divony.in's terms of use        or to defend against legal claims

*         Special circumstances such as compliance with subpoenas, court orders, requests/order, notices            from legal authorities or law enforcement agencies requiring such disclosure.

*         We share your information with advertisers on an aggregate basis only.

 

What choices are available to you regarding collection, use and distribution of your information?

You may change your interests at any time and may opt-in or opt-out of any marketing / promotional / newsletters mailings. Divony.in reserves the right to send you certain service related communication, considered to be a part of your Divony.in account without offering you the facility to opt-out. You may update your information and change your account settings at any time.

Upon request, we will remove/block your personally identifiable information from our database, thereby cancelling your registration. However, your information may remain stored in archive on our servers even after the deletion or the termination of your account.

If we plan to use your personally identifiable information for any commercial purposes, we will notify you at the time we collect that information and allow you to opt-out of having your information used for those purposes.

What security procedures are in place to protect information from loss, misuse or alteration?

To protect against the loss, misuse and alteration of the information under our control, we have in place appropriate physical, electronic and managerial procedures. For example, our servers are accessible only to authorized personnel and that your information is shared with respective personnel on need to know basis to complete the transaction and to provide the services requested by you.

Although we will endeavor to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet or telecom or other network/s cannot be made absolutely secure. By using Divony.in, you agree that we will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.

 

Policy updates

We reserve the right to change or update this policy at any time by placing a prominent notice on our site. Such changes shall be effective immediately upon posting to this site.