DilliCity is owned and operated by Comnet Informatics Private Limited, a company incorporated under the provisions of the (Indian) Companies Act, 1956, having its registered office at F-9/12, Ground Floor, Malviya Nagar New Delhi -110017 (hereinafter referred to as “DilliCity” “we” “us” or “our”).
1. Requirement for collection of information
The information collected is relevant and necessary to understand you or your online browsing search pattern, including businesses and locations searched. The information is collected with an intention to provide you with a customized site experience, provide updated information, related transaction information, provide help regarding usage of the Site or any of our other advertiser-focused websites or new services and special offers we think you might be interested in, carry out follow ups, to assist with customer service or technical support issues, troubleshoot problems, measure gauge for surveys on your interest in the Services listed, enforce the Terms and Conditions and other related policies or to prevent fraud and unlawful use. It may be noted that DilliCity has strict guidelines with respect to unauthorized access to information provided by the User (as enumerated below).
2. Collection of Information
What we know about you we get mostly from you. But we may also have to find out more about you from other sources in order to verify the information submitted by you, and to make sure that what we know about you is correct and complete. This kind of verification is primarily done in order to address various security concerns, and to ensure that you comply with the provisions of applicable laws, and the terms and conditions available on the Site (“Terms and Conditions”) and other terms and conditions as may be prescribed by us from time to time. We do not collect personally identifiable information (including Personal Information) about you, expect when you specifically provide such information on a voluntary basis.
3. Usage of Information Collected
DilliCity is sensitive towards your information including your Personal Information and non-personal information (email, business details, demographic location and address, age, name, phone number etc.,) provided at the time of registering with DilliCity or otherwise while availing the Services on the Site.
We use information about you to help us provide you with a more personalized service which is tailored to suit your needs.
Your personal information may be used by us to:
monitor, develop and improve the Site, Services and your experience;
assist in and administer the provision of Services to you;
process and deal with any complaints or enquiries made by or about you;
investigate any suspected breach of the Terms and Conditions or the breach of other terms and conditions otherwise relating to you and to monitor compliance including by way of checking postings or submissions to the Site.
Where and only where requested/agreed by you, we will:
i send you and keep you updated with information by email, telephone (including SMS) or mail about existing and new services and special offers from us;
ii send you information by email, telephone or mail about related services of selected third parties that may be of interest to you; and
iii use the information for marketing and for market research purposes, including internal demographic studies, to provide, optimize and personalize our services and to send you newsletters and information about the services.
The information is readily available on the Site and only viewable by you by logging on to the Site. You, at all times have the option not to provide any personal or other information about you without agreeing to register with DilliCity and otherwise withdraw your consent by communicating the same to us in the manner in the Terms and Conditions and the Policies. Upon withdrawal DilliCity will have no obligations towards you nor will it be liable for the Services provided till the time you had consented to retain the information with DilliCity. Please note that if you “do not agree” to, or “opt out” from, providing personal or other information requested by us, you may not be able to access certain areas of the Site and/or avail certain Services and/or Indirect Services. However, it may be noted that DilliCity reserves the right to send service related and your specific and preferred transaction related communication without offering you the facility to opt-out. You can update your Account Details (defined below), Personal Information and other information at any time. At your request, DilliCity can also cancel your registration and remove/block your Personal Information from its database/ Site. However, this information may remain in our archive even after deletion or termination of your account as required by law and the handling of the same is in accordance with the provisions of the applicable law and as intimated by the government agency from time to time.
4. Use of information for marketing
In line with any permission given by you to us, we may send you direct marketing communications about our own, or selected third party services and disclose your information to other organizations who may send direct marketing communications to you. You can change your marketing preferences if you are registered with us. In addition, you can unsubscribe from email communications via unsubscribe links provided in communications sent to you.
It is clarified that we store information only in the manner contained herein and in accordance with the provisions of applicable law.
You can change your web browsers settings to accept or not to accept cookies. DilliCity may use third-party service providers to serve ads on its behalf across the Internet and sometimes on the Site. Such third party service providers may collect anonymous information about your visits to the Site and the Products listed on the Site. Personally identifiable information is not linked to data collected from this source.
DilliCity could use log file including internet protocol addresses, browser type, internet service provider, referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the Site, track user movement and gather broad demographic information for aggregate use. These are not linked to information identifiable personally.
6. Information Sharing
For any payments on the Site, DilliCity uses online payment gateway operated by third party and the information that you provide at the time of making a purchase on the Site is held and stored with third party payment gateway operator authorised at multiple points. The payment gateway operator may also have access to your online purchase history/details that you make from the Site. These payment gateways are digitally encrypted, thereby providing the highest possible degree of privacy and care available, currently. Whilst we are unable to guarantee 100% (one hundred percent) security, this makes it hard for a hacker to decrypt your details. You are strongly recommended not to send full credit or debit card details in unencrypted electronic communications with us. Also, you are responsible for protecting against unauthorised access to your password and to your computer. We will not be liable for the disclosure and dissemination of Personal Information to third parties which you as prudent Users put up on the Site, and available to the other Users of the Site.
Kindly note that we do not store extremely sensitive information like your credit card information on our database.
DilliCity, handles all information in accordance with the provisions of the applicable law as made applicable from time to time and only for the duration lawfully required, thereunder. DiliCity may disclose aggregated information, including to aggregators, about the use of the Site without Personal Information. DilliCity implements standard measures to protect against unauthorized access to and unlawful interception of Personal Information. However, DilliCity feels prudent to inform you that no internet site can fully eliminate security risks and enforcement of privacy laws are at a developing stage in some parts of the world.
7. Storage of Information
DilliCity does not rent, sell or share your personal or sensitive information and does not disclose any of your Personal Information to third parties unless you have granted DilliCity the permission to do so. However, we may pass your Personal Information to other third parties in the following scenarios:
i. To help us process questions you may have about a business listed on the Site, service, registration or other inquiry you may have;
ii. To confirm or correct what we know about you;
iii. We may pass your Personal Information to our employees, contractors, suppliers and/or agents to administer the Services provided to you by us now or in the future;
v. If you call our customer care call centre, we may pass your Personal Information to our call centre to allow them to deal with your call more efficiently;
vi. Assisting an agency in undertaking information for us;
vii. If another organization is engaged by us to perform tasks on our behalf;
viii. Compliance with an audit on our business;
ix. If we sell all or any part of our business or merge with another company;
x. If it is necessary for legal proceedings and when we believe in good faith that any applicable law, regulation, government, regulatory or other authority, agency or officer requires it or to protect the safety or security of users of the Site;
xii. To obtain advice from third parties such as auditors or legal advisors.
In addition to the above, disclosures may also be made if it was clearly stated at the time of registration and, where required, if you have given permission for this. Generally, we will disclose only the information we consider reasonably necessary to disclose. Also, some general statistical information about the Site user base, traffic volumes and related matters may be passed on to reputable third parties but these details will not include information personally identifying you.
8. Third Party Sites
Please note that this policy does not cover any third party Sites to which we provide links in the Site, nor does it cover advertisers. They may have their own privacy policies and/or terms and conditions of use. DilliCity provides third-party advertisements and only links to third party sites through the Site (“Linked Site”), but does not provide any Personal Information to these third-party sites or advertisers.
DilliCity clarifies that the Linked Sites are operated by third parties and are not under control of or affiliation or association of DilliCity unless specifically expressed by DilliCity. DilliCity is not responsible for any form of transmission, material received from any Linked Site. We are not liable and do not represent anything regarding the privacy practices and policies adopted by the Linked Sites and their owners/ operators. Also, we are not in a position to control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other relevant materials available on the Linked Sites.
Providing the Linked Sites on DilliCity does not imply or convey any endorsement by DilliCity in any manner or of the contents of the Linked Site. You are aware that the information you provide on the Linked Sites shall be governed by policies of the Linked Sites, which you review. DilliCity does not have power or authority to prevent misuse of your information through the Linked Sites or advertisers.
9. Security Practices
Notwithstanding the foregoing, you must keep account details, including your username and password (“Account Details”) confidential at all times, and should not reveal the same to any third parties. You must take appropriate security measures to prevent unauthorized disclosure of your Account Details (including logging out from your account at the end of each session), and you must notify us immediately if your Account Details become known to any unauthorized user. You are solely responsible for maintaining the confidentiality of your Account Details, and all activities that occur under your account(s). Any breach of these terms and conditions by anyone to whom you disclose your account details, including your username and password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under the Terms and Conditions.
10. Acceptance to terms
By registering with DilliCity and using the Services you are deemed to have agreed to the terms of this Policy. This Policy should be at all times read along with the Terms and Conditions. The Policy applies to all information, including Personal Information and Account Details.
By using the Services, you agree and acknowledge that your Personal Information may be transferred across national boundaries and stored and processed in any the country around the world. You acknowledge that in the process of providing the Services under the Site, some activities relating to handling of information collected under the Policy may be done by DilliCity’s trusted third party vendors or agents, web hosting providers, communication services, and web analytic providers.
11. Opt-in / Opt-out Choice:
DilliCity provides all users with the choice to opt-in / opt-out in order to receive non-essential (promotional, marketing-SMS and E-mail related) communications from DilliCIty or on behalf of our associates in general after setting up an account with DilliCity. However, you agree to receive offer / information from DilliCity through e-mail, text message (SMS) & phone and any / or all of the means.
If you wish to remove your contact information or unsubscribe from dillicity.com, please write us on email@example.com requesting to unsubscribe.
12. Changes to this policy
14. Contact details
Terms and Conditions
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which require the publishing of the rules and regulations governing the use and access of DilliCity.
As a User, your access to and use of the Site are conditional upon your acceptance of and continuous compliance with these Terms and Conditions at all times. By accessing, browsing and/or using the Site and/or availing any of the Services and/or Indirect Services, you agree to be bound by these Terms and Conditions and all rules, guidelines, policies, terms and conditions applicable to the Site and/or Services and/or Indirect Services being provided by DilliCity (Policies), as may be modified by DilliCity from time to time, which shall be deemed to be incorporated in these Terms and Conditions by reference, unconditionally and at all times. DilliCity shall have the sole right to change, modify, add or remove these Terms and Conditions or any of its Policies relating to the provisions of Services on the Site including the Indirect Services, at any time without any prior written notice or intimation. It is hereby clarified that each User shall be responsible for reviewing the Terms and Conditions and Policies on the Site periodically and keep updated.
1. User Eligibility
The Services on the Site and the Indirect Services are only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872 (“Contract Act”). Any person who shall be considered as incompetent to contract as per the provisions of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Site (“User”). Any person using the Services and the Indirect Services on behalf of a proprietor/ partnership/ firm/ company, represents and warrants that it is duly authorised by the User to accept the Terms and Conditions and the Policies and that such person has the authority to bind the User to these Terms and Conditions and the Policies.
The Site is an online directory platform provided by DilliCity to its User’s for (i) listing their business and services (defined below) and (ii) carry out online search for Services and to contact the Users that provide these Services. It is hereby clarified that DilliCity is not a party to any transaction between the Users of the Site and shall not be responsible in any manner whatsoever for any representations made by a User on the Site.
DilliCity shall also provide such other services as may be included and modified by DilliCity from time to time. The Services and Indirect Services are governed by these Terms and Conditions and all applicable Policies of the Site, as may be amended from time to time and shall be deemed to be incorporated in these Terms and Conditions by way of reference. Unless expressly stated otherwise, any new features that augments or enhances the current Services and Indirect Services shall be subject to these Terms and Conditions.
Front end services
i. Listing on the Site
DilliCity provides the User’s with an online directory platform to the Users to list their businesses and services provided by the User’s (“Services”) on the Site. [and for other User’s using the Site platform to conduct search and finding Services [User’s shall also have the option of selling and purchasing Services through the Site’s payment platform]
ii. Premium Listing
DilliCity shall offer the Users the option of availing premium listing services from DilliCity, wherein the Users shall have to pay the Premium Fee, as may be specified by DilliCity from time to time to get a premium listing on the Site.
iii. Search Platform
DilliCity shall provide the Users with a search engine platform on the Site to enable the Users to search for Services and to contact the User’s that provide these Services.
iv. User Comments
v. Social Sharing
DilliCity shall provide the Users with the option of posting a link containing information regarding a listed User and/or its Services on their respective social networking accounts such as facebook, twitter, skype etc.
DilliCity shall issue a [quarterly] newsletter to the Users providing information on the listed Users and their business activities and Services.
Administrative services provided by DilliCity (“Indirect Services”)
In addition to providing a platform to the Users for listing and search tools for Products on the Site, DilliCity shall from time to time provide additional administrative services such backend support for the smooth and proper functioning of the Site, brief description of the number of Users listed, providing the Users the facility to deactivate, delete, activate their listing on the Site, manage the comments posted by Users, manage the leads generated, data integration etc.
Payment gateway services.
In the event the Services listed by a User on the Site are directly purchased from such User, then upon receipt of a prior written request from such User listing its business and Services, DilliCity may at its discretion facilitate/arrange associated services for such User including, payment gateway services for the payment which shall be governed by these Terms and Conditions and a Fees shall be payable by the User listing its business and Services on the Site to DilliCity as per the Terms and Conditions and the Policies.
The aforementioned Services and the Indirect Services are governed by these Terms and Conditions and applicable Policies of the Site, as may be amended from time to time and as will be incorporated in these Terms and Conditions and the Policies by reference. Unless expressly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms and Conditions.
Use of the Site
It is hereby clarified that all information pertaining to the listed Users and the content advertised are provided by the Users registered with the Site and are third party user generated content. The User agrees and acknowledges that it has had the opportunity to independently investigate, analyze and construe the business opportunity being offered under these Terms and Conditions.
The User, listing its business and Products, shall at its own, provide all relevant material and price information related to the Services to DilliCity for including the said information and details on the Site. All such information shall be provided to DilliCity in advance of listing of the User on the Site and shall be in the manner prescribed by DilliCity from time to time.
The User listing its business and Services on the Site, shall duly comply with all requirements specified in these Terms and Conditions and all other applicable Policies of the Site as may be amended from time to time by DilliCity.
The User listing its business and Services on the Site, shall be solely liable for quality, quantity, efficiency of the Services and the User’s ability of selling the Services. DilliCity shall not be responsible for the quality, quantity, stability, or other specifications of the Services listed on the Site by the User. DilliCity shall not be responsible for any errors or omissions in relation to information provided on the Site pertaining to a User and its Services.
The User listing its business and Services on the Site, shall be solely responsible for accuracy of all information and/or validity of the prices and any other charges and/or other information relating to its business and the Services offered on the Site. [The rates provided to DilliCity for display on Site shall at all times include all applicable taxes, Fees, charges and any other payments due to any other parties by the User. The User listing its business and Services on the Site agrees that it shall keep DilliCity indemnified as per Sections 5 of these Terms and Conditions.]
The User listing its business and Services on the Site, confirms and undertakes ownership of the Services and confirms that it shall at all times have marketable and legal ownership and title in respect of all Services offered on the Site.
The User listing its business and Services on the Site, shall comply with all applicable laws and regulations applicable to its business and in offering the Services and shall ensure that all requisite approvals, licenses and registrations as required under applicable laws and regulations are kept in full force and effect to enable such User to conduct its business and offer the Services for sale through the Site and will not do or permit anything to be done which might cause or otherwise result in a breach of these Terms and Conditions and Policies.
The User does hereby specifically agrees that it shall, at all times, comply with the requirements of the Information Technology Act, 2000 (“IT Act”) as also rules, regulations, guidelines, bye laws and notifications made thereunder, [while assessing or feeding any information/data into the computers, computer systems or computer network of DilliCity]. The User does further unequivocally declare that in case of any violation of any provisions of the IT Act and/or rules, regulations, guidelines, byelaws and notifications made thereunder, the User shall be solely responsible, at its sole cost and expenses for all acts, deeds and things and that the User alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
The listed User hereby acknowledges and grants DilliCity a worldwide license to reproduce, display and copy the information provided by the User, including the User’s intellectual property solely not limited to trademark, trade names, or copyrights for the purpose of hosting the information on the Site.
The User acknowledges that it shall take all precautions as may be directed by DilliCity to ensure that there is no breach of security and integrity of the Site. DilliCity shall not be responsible for any loss incurred by a User for a failed / incomplete Transaction on the Site.
The User acknowledges that DilliCity has no connection or interest whatsoever in the business of the User listing its business and Products on the Site or the Services marketed by such Users and DilliCity does not in any manner take part in the business of the User, directly or indirectly and is not responsible for the Services provided by the User. [A User buying the product hereby acknowledges that before placing an order for a Product the User being the buyer has performed a diligence and background check of the User listing its Product and is entering into the transaction being aware of the Terms and Conditions]. The User further acknowledges that Services and Indirect Services being provided by DilliCity are being provided by it as an independent contractor, and DilliCity is in no manner acting as an agent of either the User or of the third party service provider.
The User acknowledges that the Site shall provide information pertaining to other User’s availing the Services and/or Indirect Services and information pertaining to DilliCity. The User hereby agrees that it shall not copy, modify or distribute or misuse any information provided on the Site for its personal use or gain. The User acknowledges that DilliCity is the sole and rightful owner of the Intellectual Property and the User agrees not to register, use or file in its own name or in the name of any other person or company any trademarks same or similar or resembling in any manner the Intellectual Property and not to associate the Intellectual Property with its own business, except for the purpose as specified in these Terms and Conditions. In this regard “Intellectual Property” shall mean any and all property in any name, signature, word, letter, numeral or any combination thereof, Trademark, brand name, service mark, trade name, design, logo, know-how, trade secrets whether registered or not, belonging to DilliCity.
The User further acknowledges that DilliCity may collect, transfer, store and use the information provided by such User on the Site for the purpose of providing the Services and the Indirect Services.
The User acknowledges that DilliCity’s liability with respect to the Services and Indirect Services shall be limited and shall be as per these Terms and Conditions. DilliCity reserves the right, in its sole discretion and without assigning any reason, to exclude certain Services offered by a User from being displayed for sale on the Site, wherein such Products are deemed unfit or unsuitable by DilliCity at its sole discretion.
The User agrees and confirms that the sole and exclusive responsibility and obligation of DilliCity is to ensure that the Services and Indirect Services are being provided in compliance of all applicable laws, rules and regulations.
The User acknowledges that the Services to the Site may be interrupted while browsing, transacting, using or uploading information on the Site. The User’s further agree that DilliCity reserves the right to suspend the Services and/or Indirect Services, forthwith without assigning any reason whatsoever, at the sole discretion of DilliCity.
The User agrees that, if it does not agree to the applicability of any of the Terms and Conditions and the Policies contained herein or other Policies on the Site, then the only remedy a User shall have will be to not use the Services and discontinue using its account on the Site. However till such time that the User uses the Site and avails the Services and/or the Indirect Services it shall be deemed that the User agrees to and shall continue to adhere and abide by the Terms and Conditions and the Policies.
The User agrees and confirms that the payment gateway is being provided by DilliCity on a best efforts basis with all efforts to keep these valid and subsisting. DilliCity shall not in any manner be liable to a User for failure or delay in providing these Services.]
A User will be required to provide a valid phone number in order to avail the Services provided by DilliCity. By registering their phone number with DilliCity, the User consents to be contacted by DilliCity via phone calls and/or SMS notifications.
The User undertakes and agrees not to host, display, upload, modify, publish, transmit, update or share any information that
i. belongs to another person and to which a User does not have any right to;
ii.is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
iii.harm minors in any way;
iv.infringes any patent, trademark, copyright or other proprietary rights;
v.violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii.impersonate another person;
viii.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. threatens the unity, integrity, defense, 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.
The Services are being rendered by DilliCity to a User listing its business and Products on the Platform, for a service fee payable to DilliCity (“Fee”) which shall be intimated by DilliCity to the User listing its business or Services, from time to time. DilliCity shall charge an additional fee for providing the premium listing service to the listed Users (“Premium Fee”), as may be notified by DilliCity from time to time.
The User listing its business and Services on the Site, shall keep DilliCity, its affiliates and group companies, successors, assigns and its respective officers, directors and agents, shareholders, representatives indemnified and defend and hold harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly or indirectly, including but not limited to, as a result of:
(i) breach or non-performance by the User of any of its undertakings, warranties, covenants, declarations or obligations under these Terms and Conditions;
(ii) any claim or proceeding brought by any of the customer of the Services or any other person against DilliCity in respect of any Products or [a transaction on the Site], whether or not such complaint was settled by the User who sold the Services or was an unsettled claim;
(iii)any negligent act or omission or default or misconduct or fraud of the User or its agents or its customers;
(iv) any hacking or lapse in security of the Site or the data on the Site;
(v) any act, deed, omission or non-performance on the part of the User which renders the Transaction conducted through the Site invalid.
The User listing its business and Services will defend, indemnify and hold harmless DilliCity, its directors, officers, employees, representatives and agents against all any liability, damage, loss and expense relating to any claim for infringements of trademark, trade names, other intellectual/industrial property rights or copyrights filed against Getit or its affiliates resulting from the displaying the and intellectual property on behalf of the User on the Site.
The indemnities provided herein and provisions making reference to the indemnities shall survive the termination of these Terms and Conditions and the Policies.
6. Limitation of Liability
Under no circumstances will the DilliCity, its affiliates and group companies, successors, assigns and its respective officers, directors and agents, shareholders, representatives involved in creating, producing, maintaining or distributing the Site be liable for any loss of:
(ii) business or business opportunities;
(iii) savings you expect to make;
In the event DilliCity is in breach of any of the Terms and Conditions, DilliCity will only be liable for losses you have suffered as a direct result. DilliCity shall not liable for any other loss due to third party actions, due to defamatory statements or liability for a Service or otherwise as a result of:
(i) using or relying on the Site;
(ii) not being able to use the Site;
(iii) any mistake, fault, failure to do something, missing information, or virus on the Site or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
(iv) theft, destruction of information or someone getting access to our records, programs or services without our permission;
(v) goods, products, services or information received through or advertised on the Site or any links provided by the Site; or
(vi) any information, data, message or other material which you e-mail, post, upload, reproduce, send, or otherwise distribute or receive using the Site.
7. Disclaimer of Warranties and Liabilities
It is hereby clarified that the Services and the Indirect Services made available to a User through the Site are provided on an ‘as is’ and ‘as available’ basis, and DilliCity expressly disclaims any and all warranty except warranty expressly stated herein, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
The Site may provide links to other Sites of the Users registered and DilliCity has no control over, and accepts no liability, obligation, or responsibility for, the content or performance of other web sites. Any such links do not necessarily constitute an endorsement of or any representation regarding the linked web site, its content, its owner, its performance, or its owner’s services.
8. Intellectual Property
The User, where applicable, hereby grants DilliCity and its associates and representatives for the purposes of these Terms and Conditions, a non-exclusive, royalty-free, sub-licensable, limited license to use, display and reproduce the trademarks, service marks and logos of a User, listing its business and Services on the Site. The User, where applicable, hereby confirms that such User has the requisite right to use the said marks and logos and to grant permission to use as stated herein. Such User shall retain all intellectual property rights in such marks.
Nothing contained herein shall authorize a User to use, display or exploit the intellectual property rights of DilliCity without the prior written consent of DilliCity.
The User, where applicable, shall keep all the information pertaining to the Services including but not limited to the customer data and the transactions on the Site (“Confidential Information”), confidential and shall not be disclosed to any person other than its officers (to the extent necessary to consummate the transaction contemplated hereby) without the prior written consent of DilliCity.
Confidential Information shall mean all the information of a confidential nature disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by DilliCity to a User whether before or after the date of these Terms and Conditions. The User, where applicable, shall not, during the pendency of these Terms and Conditions, or at any time after these Terms and Conditions and the Policies expire or terminate, divulge or use any Confidential Information for the benefit of any other person, corporation, partnership, proprietorship, association, or other entity, nor will the User, directly or indirectly permit the disclosure of any Confidential Information or aid any third party to imitate any Confidential Information.
11. Consequences of Termination
Termination shall not affect any liabilities incurred by a User prior to the termination or for acts performed during the pendency of these Terms and Conditions and the Policies which may result in a dispute post-termination of these Terms and Conditions, nor any provision expressed to survive or to be effective on termination and the obligations set out in this Section shall remain in full force and effect notwithstanding termination. DilliCity and the User (where applicable) availing the Services provided by DilliCity, shall undertake to settle all outstanding dues to arising out of these Terms and Conditions and the Policies within 30 (Thirty) days of the termination taking effect.
All materials, documentation, instruction manuals, guidelines, letters and writings and other materials issued by DilliCity from time to time in respect of these Terms and Conditions, whether in respect of the Services and/or Indirect Services provided by DilliCity or otherwise shall be returned immediately to DilliCity.
12. General Provisions
No agency: These Terms and Conditions and Policies constitute a principal-to-principal relationship between DilliCity and the User’s listing their business and Products and do not attempt to create any employee-employer or agency relationship. The Services and/or Indirect Services are being rendered by DilliCity as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between DilliCity and the User hereto or any affiliates or subsidiaries thereof or to provide either DilliCity or the User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other party, i.e. either DilliCity or the User.
Publicity: All joint publicity initiatives shall be subject to separate marketing initiative contracts to be executed between DilliCity and User, as may be applicable. DilliCity at all times shall have the right to use the name and/or trademark/logo of the User’s listing their business and Products in its sales or marketing publication or advertisement to communicate the brands/ Services available on the Site in the context of these Terms and Conditions.
Assignments: DilliCity may assign, in whole or in part, the benefits or obligations of these Terms and Conditions and the Policies to its associate’s of affiliates of other group company, or any other company, in circumstances including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. DilliCity shall not require approval or consent of the User, it can at its discretion provide an intimation of such assignment to the User. However, the User shall not assign, in whole or in part, the benefits or obligations of these Terms and Conditions, without the prior written permission of DilliCity.
Force Majeure: DilliCity shall not be liable for its failure to perform under these Terms and Conditions and the Policies as a result of occurrence of any force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of DilliCity, payment gateways or the logistic support partner.
Governing Law, Settlement of Disputes and Jurisdiction: Any dispute or claim relating to it, its enforceability or its termination under these Terms and Conditions and the Policies shall be governed by the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by DilliCity. The arbitration proceedings shall be held in English language at New Delhi. The courts at Delhi shall have exclusive jurisdiction over any disputes relating to the subject matter herein.
Waiver: Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
Survival of Provisions: The terms and provisions of these Terms and Conditions, by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive termination.
Severability: If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
Non-Solicitation: The User warrants that it shall not directly or indirectly solicit for employment, nor offer employment to, nor enter into any contract of services with any person employed by DilliCity.
Non-Exclusivity: It is agreed and clarified that the arrangement set out by these Terms and Conditions and the Policies between DilliCity and the User is on a non-exclusive basis.
Notices: All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be All Indian industries, if to DilliCity, if to User, it shall be to the address registered with DilliCity.
Amendment: These Terms and Conditions and Policies may be varied, amended or modified by DilliCity at any time. The last amended version shall be available on the Site at all times.