Last updated on
September 28, 2018
Terms of Offer for Sale
These terms of offer for sale ("Terms of Offer For Sale") between CloudSurge Online Services (hereinafter referred to as “Demoport”, “We”, “Us”,
“Our” which term shall include, wherever the context permits, their administrators, executors, successors, liquidators and assigns) and the users of the
Website (hereinafter referred to as “User”, “You”, “Your” “Yourself”) apply to purchase of goods and services listed in www.demoport.in ( hereinafter referred to as “Website”)
by using the payment options made available on the Website.
PLEASE READ THIS “TERMS OF OFFER FOR SALE” CAREFULLY BEFORE PURCHASING ANY PRODUCTS OR AVAILING ANY SERVICES ON THE WEBSITE. ANY PURCHASE OF PRODUCTS / SERVICES MADE BY YOU
THROUGH THE WEBSITE SHALL SIGNIFY YOUR COMPLETE ACCEPTANCE OF THE “TERMS OF OFFER FOR SALE” AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
IN ADDITION TO THE FOREGOING, YOU SHALL ALSO BE BOUND BY THE TERMS OF USE, PRIVACY POLICY AND OTHER LEGAL POLICIES OF THE WEBSITE, ADDITIONAL
TERMS OF SALE ISSUED BY THE SELLERS OR TERMS OF SERVICE WHICH ARE DISPLAYED WITH THE SELECTION OF THE PRODUCT, IF ANY ("ADDITIONAL TERMS") ON THE WEBSITE. IF THERE IS ANY CONFLICT BETWEEN THE “TERMS OF OFFER FOR SALE” AND THE ADDITIONAL TERMS, THE ADDITIONAL TERMS SHALL TAKE PRECEDENCE IN RELATION TO THAT SALE.
IF YOU DO NOT AGREE WITH THE “TERMS OF OFFER FOR SALE”, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.
1.0
Business
1.1
The Website is a platform that facilitates the online booking of enquiries, demos, deal requests, bulk enquiries, sale and purchase of merchandise and services ("Services") offered by third-party Vendors and service providers ("Seller/s"). The Sellers are the actual vendors of the merchandise and services (“Products”) on the Website and will be solely responsible to You for the Products sold through the Website. Title to the Products shall pass directly from the Sellers to You.
1.2
You acknowledge that Demoport has the right to change or discontinue any or all of the offered Services at any time, without notice. You further acknowledge that Demoport may add or modify the procedures, modes, processes or conditions pertaining to these Services at any time to adapt to changes that Demoport may make to the Services. You agree that Demoport shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services.
2.0
Products
2.1
Demoport, through the Website enables sale of a wide range of Products, for consumers and businesses, at special prices offered by the sellers or the Maximum Retail Price mentioned on the Website. Purchase of such products will be subject to the Terms of Offer For Sale and such other Additional Terms, if any, as specified by the Seller.
2.2
Demoport does not make any Representation or Warranty as to attributes of the Products ( such as quality, value, salability etc) proposed to be sold or offered to be sold or purchased on the Website. Demoport does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Demoport accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
2.3
All the Products are governed by the terms of warranties provided by the respective manufacturer/ brands. However, in case any product is covered under Seller warranty, the same shall be specifically mentioned under the product details.
3.0
Services
3.1
You represent that You are of legal age to form a binding contract with Demoport under the Indian Contract Act, 1872 and further, You are not a person barred from receiving services under the laws as applicable in India.
3.2
You should take all responsibility for your own actions in utilizing the Services on the Website and Demoport shall not be liable for any such action.
3.3
Your order is an offer to the respective Sellers to buy their Product(s) in your order. When you place an order on the Website, You will receive an email from Us confirming receipt of Your order and containing the details of Your order. This Order Confirmation Mail is an acknowledgement that we have received Your order and does not confirm acceptance of Your offer to buy the product(s) ordered from the respective Sellers. We only accept Your offer and conclude the sale for a Product ordered by You, when the Seller delivers the Product and a “Delivery Confirmation Mail” is sent to You that the ordered Product has been delivered. If You have placed orders with multiple Sellers, You may receive separate Delivery Confirmation Mail for each order that You have placed.
3.4
Demoport shall not be responsible for any deficiency in payment of consideration payable towards the Products purchased through the Website.
3.5
Demoport does not offer any refunds against Products already purchased from the Website unless, any error has occurred during the purchase which is directly attributable to Demoport..
3.6
With respect to post-sales supports, Demoport’s role shall be confined to being a facilitating platform for the buyers to escalate, issues unresolved at the Seller level, to the Senior Members of the Principal Companies / Brands.
4.0
Pricing Information
4.1
Demoport shall list the Maximum Retail Price (“MRP”) of the products as stipulated by the respective brands. If available, discounted prices offered by the respective sellers of these products shall also be displayed. The final price for any products listed on Demoport shall strictly be a bipartite understanding between You and the concerned Seller. Prices and availability are subject to change without notice or any consequential liability to You.
4.2
Prices of certain Products may not be listed on Demoport. Due to the nature of customization of these Products or the Products being outside the ambit of MRP act and other factors, prices of these products are provided by the Sellers on request.
4.3
All other statutory declarations shall be mentioned on the Products and/or on its packaging in accordance with the applicable laws.
4.4
Demoport urges the Sellers to provide You with the best possible prices for the Products You buy or avail of from the Website.
However, Demoport does not guarantee that the prices offered will be the lowest in the city, region or geography.
4.5
While Demoport strives to provide accurate information about the products, services and prices, typographical and other errors may occur.
In the event of a Product being listed with typographical errors related to price or any other information, Demoport may, at its discretion, either contact
You for instructions or cancel Your order and notify You of such cancellation. Demoport will have the right to modify the price of the product or service and
contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation.
If Demoport cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
5.0
e-Gift Coupons
5.1
In furtherance of the Services provided and the eligibility criteria stated under the Terms of Use posted on the Website, You shall be also eligible to purchase e-Gift Coupons of specific monetary values, as and when that feature is made available on the Website.
5.2
Each e-Gift Coupon will have the necessary redemption instructions mentioned on it. The e-Gift Coupons may contain an offer period or expiry date mentioned on it and You shall use it accordingly. Unless otherwise stated, You will not be entitled to receive any credit or cash-back for the value of the e-Gift Coupon if You don't redeem or use the same within the stipulated time period as mentioned in the Coupon, if any.
5.3
The e-Gift Coupons can be redeemed only against the Products and Services listed on the Website and can also be combined with other special offers or promotions that may be made available on the Website, unless otherwise specified.
5.4
On making payment for purchase of e-Gift Coupons using the online options made available on the Website, the e-Gift Coupons shall be mailed to your registered email id or the Giftee’s email id mentioned by You, as the case may be. These e-Gift Coupons can be redeemed only when a purchase is made using the payment options available on the Website. e-Gift Coupons cannot be redeemed for single order with multiple sellers.
5.5
e-Gift Coupons once sold are non-refundable, whether You use it or not and also cannot be redeemed for cash or credit.
5.6
You are solely responsible for the safety and security of e-Gift Coupons and You agree that neither Demoport nor the Service Provider shall be liable in case You lose, misplace or destroy Your e-Gift Coupon at any time.
5.7
In addition to the foregoing terms, purchase and use of e-Gift Coupons will also be subject to the Terms of Use and other terms as specified by the third-party Service Provider providing such services.
6.0
Payment Mode and Terms
6.1
Demoport accepts payments through multiple options made available on the Website, using secured third-party payment gateways, such as Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift Coupons, Cash on Delivery and EMI schemes provided by various banks and financial institutions.
6.2
Demoport uses secured third-party payment gateways of reputed service providers that make your online payments most convenient and safe. Therefore, we recommend that you make payments online and we also actively discourage offline payments. However, you are liberty to pay on COD (‘Cash on Delivery’) basis with the concerned Seller directly. COD transactions are strictly between You and the Seller and is outside the purview of Demoport. Demoport has no control over such payment transactions and therefore cannot be held responsible for the same.
7.0
Credit Card Details
7.1
You might be required to provide Your credit or debit card details to the approved payment gateways made available on the Website while making the payment. In this regard, You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Demoport expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
8.0
Delivery and Fulfillment
8.1
Delivery of all the Products on the Website shall be undertaken by the Sellers directly. Generally, the Products are delivered from the local warehouse of the respective Sellers. In the absence of a local warehouse or stock not being available at the local warehouse, the Seller may choose to ship the ordered products from warehouses located outside your city or state. All terms and conditions related to delivery of the ordered products shall be mutually agreed upon between You and the Seller before or after You make the payment through the Website.
8.2
When You book a demo or deal request before purchasing the Product, Demoport or the respective Sellers will inform whether Your area is being serviced by them or not. In case, You opt to buy a Product without availing of the offline services (Demos / Deal Requests) and straight away make the payment on our Website, Demoport shall verify with the Sellers whether Your location is being serviced by them or not. If the Seller is servicing Your location, Demoport shall ask the Seller to proceed with the fulfillment of the Order.
8.3
In the event of Your location not being serviced by the respective Sellers, Demoport shall refund the payment You made on the Website within six (6) days from the date of receipt of payment and Demoport shall not be responsible nor assume any liability for the non-fulfillment of the Order.
8.4
In case You book multiple orders with multiple Sellers in a single transaction, fulfillment of these orders will be carried out by the respective Sellers based on the delivery address provided by you. If you wish to ship Products to different addresses, then You should book the orders separately based on the Delivery Address.
8.5
Sellers listed with Demoport deliver items only at select cities and towns within India.
9.0
Returns and Refunds Policy
9.1
Demoport is a pure play online marketplace and is never a party to the transactions, including but not limited to the fulfillment obligations, between Sellers and Buyers except being a facilitating platform.
9.2
Demoport lists products and services of reputed brands, established companies / service providers on the Website and connects buyers to the brand-authorized sellers operating nearest to their locations (Geographical Proximity). Demoport also provides buyers the option of having offline interactions with the sellers that give buyers adequate opportunity to thoroughly check and evaluate the products or services of their choice before making the purchase.
9.3
Further, the payment made by You on the Website is released to the Seller only on receipt of Your confirmation regarding the correctness of order fulfillment.
9.4
Therefore, You expressly agree that Demoport shall not be liable for refund or return of any product you have bought on the Website, whatsoever the reasons are. All purchases made by you on the Website shall be strictly subject to the Returns and Refunds Policy and other such terms of the respective brands / companies / sellers.
9.5
You also expressly acknowledge that the Seller is solely responsible to You for any claims that You may have with respect to defective products/service and Demoport shall not be held liable for the same, in any manner.
9.6
However, Demoport shall assist you to connect with the concerned official of the principal brands / sellers in order to facilitate an amicable resolution of disputes relating to refunds / returns claims, if any. If it has been found, that the buyers or Sellers have provided claims or information that is false, misleading or not genuine, then Demoport reserves the right to initiate appropriate civil and/or criminal proceedings against the concerned Users in addition to suspending / terminating their accounts.
9.7
Any User who, knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent permitted by law and the User shall be solely liable for all costs incurred by Demoport, in this regard.
9.8
If the Buyer raises a dispute, Demoport shall immediately hold back disbursement of the Seller’s payment until the issue is resolved. This does not apply to offline payments made by you to the Seller directly.
9.9
In the event of Seller accepting your claim for Refund, Demoport shall refund the value of such product, as originally paid by You within fifteen (15) days from the date of confirmation from the Seller that he is in receipt of the returned goods. Refund will be processed based on the mode of payment and Demoport or the approved payment gateway will credit Your refunds directly into Your debit/credit card or online accounts or issue a cheque, depending on the then current circumstances, as determined by Demoport.
9.10
Promo Codes, once used, shall not be refunded in case of cancellation of order either by the User or Demoport.
10.0
Cancellation
10.1
Cancellation by Demoport
Demoport may not be able to accept certain orders and may cancel such orders. Demoport reserves the right, at Our sole discretion, to refuse or cancel
any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the product
or quantities ordered by You, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Our credit and fraud avoidance
department. Demoport may also require additional verifications or information before accepting any order. Demoport will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your credit card has been charged, the said amount will be reversed back in Your credit card account.
10.2
Cancellation by the User
In case of requests for order cancellations by the User, Demoport reserves the right to accept or reject requests for order cancellations for any reason whatsoever.
As part of usual business practice, if Demoport receives a cancellation notice and the order has not been processed/ approved by Demoport, Demoport shall cancel the order
and refund the entire amount to You within a reasonable period of time. Demoport will not be able to cancel orders that have already been processed. Demoport has the full
right to decide whether an order has been processed or not. You agree not to dispute the decision made by Demoport and accept Demoport's decision regarding the cancellation.
10.3
Any Demoport Reward Point or Promo Code used for placing the order will not be refunded as per this cancellation policy.
11.0
Failure to Sell by the Seller
11.1
Unless due to Your negligence, in the event of Seller failing to complete a sale of a product or a service when presented by You with a
valid Voucher or otherwise, You acknowledge that the Seller will be solely liable to reimburse such amount as has already been paid by You for the purchase
of such order. Further, You agree that Demoport will not be held liable for failure of the Seller to make available any product or service therein.
12.0
Disclaimer
12.1
DEMOPORT DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES
OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. DEMOPORT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT
BE LIABLE FOR, THE SELLER OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL
PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO SELLERS'S TERMS AND CONDITIONS
FOR WARRANTY, SERVICE AND MAINTENANCE, AND DEMOPORT DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. DEMOPORT ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.
12.2
DEMOPORT SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECTIVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE SELLER AND DEMOPORT SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE SELLER IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE ORDER CONFIRMATION MAIL.
13.0
Indemnification and Limitation of Liability
13.1
You agree to indemnify, defend and hold harmless Demoport from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Demoport that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to the “Terms of Offer For Sale” or any “Additional Terms” applicable to the purchase of Products on the Website.
13.2
In no event shall Demoport, its officers, directors, employees, partners or sellers or any third-party be liable to You, for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Demoport has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, Demoport's entire liability to You under this “Terms of Offer For Sale” or otherwise shall be the refund of the money charged from You for any specific Product or Service or e-Gift Coupon, under which the unlikely liability arises.
13.3
Demoport shall not assume any liability for the non-availability of the product, delivery of the product and the installation of the product where required or any action or inaction that might be taken by the Seller after issue of the e-Gift Coupon to the User.
14.0
Governing Law
14.1
The “Terms of Offer For Sale” and the relationship between You and Demoport shall be governed in accordance with the laws of India without reference to conflict of laws principles.
14.2
You agree that all claims, differences and disputes arising under or in connection with or in relation to the “Terms of Offer For Sale” or any transactions entered into on or through the Website or the relationship between You and Demoport shall be subject to the exclusive jurisdiction of the courts at Chennai, India and You hereby accede to and accept the jurisdiction of such courts.
ALL LINKED TERMS AND CONDITIONS HEREIN ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY YOU.
