Last updated on
September 28, 2018
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Demoport, is an Internet-based pure play Marketplace that connects Companies and the dealers of their products with people wishing to buy their products in India.
Demoport is owned and operated by CloudSurge Online Services, a company incorporated in India under The Companies Act, 1956 with its registered office at 3/3, Sarojini Street, Mahalingapuram, Nungambakkam, Chennai - 600034, Tamil Nadu, India and having CIN U41000TN2014PTC094944
Charges and Services
Demoport is a technology platform that facilitates an online-offline interface between buyers and third-party sellers of Products and Services listed on its Website. Demoport also facilitates the online sale and purchase of products and services offered by the third-party sellers. Purchase of products and services on Demoport shall be governed by the Terms of Offer For Sale posted herein.
Membership on the website is free. For buyers, the website does not charge any fee for browsing, registering, booking and buying on the Website. For Sellers, there are charges for receiving leads / bookings, transacting orders and advertising on the Website along with the applicable taxes. We reserve the right to change these fees / charges, from time to time, at our sole discretion, including without limitation, right to introduce fees / charges for the new services offered or amend / introduce fees for existing services, as the case may be, by giving a reasonable prior notice posted on the Website or Mobile App.
Changes to the Fees/Charges Policy shall be posted on the Website and such changes shall automatically become effective immediately from the time of their posting on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and be payable to CloudSurge Online Services within such time as specified in the invoice. Users shall be solely responsible for complying with all applicable laws for making payments to Us.
Membership eligibility and associated conditions
The Services offered by Demoport are available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning specified in the Indian Contract Act, 1872 are not eligible to use the Website.
Demoport reserves the right to refuse access to use the Services offered on the Website to new Users or to terminate access granted to existing Users at any time without assigning any reasons whatsoever.
You shall not have more than one Active Account on Demoport and You are also prohibited from selling, trading or otherwise transferring Your Account to another party.
Registered Users, Password and Security
Demoport requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of your Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (i) immediately notify Demoport of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Demoport shall not be liable for any loss or damage arising from Your failure to comply with this Section 5.2. You may be held liable for losses incurred by Us or any other user or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
Demoport also allows restricted access to unregistered Users.
You shall ensure that the Account Information provided by You and saved in Your “My Account” Section is complete, accurate and up-to-date. Use of another User’s Account Information for availing the Services is expressly prohibited.
Communications and Subscriptions
Using the Website or sending emails or other data, information or communication to Demoport constitute electronic communication with us, other Registered Users and Visitors which are legally identifiable and enforceable, and therefore you consent to receive communications via electronic means from Demoport, all other Registered Users and Visitors as and when posted or communicated.
You expressly agree that all agreements, notices, disclosures and all other communications that we provide to you electronically shall satisfy any legal requirements that such communications be in writing.
Users can unsubscribe / opt out from receiving promotional and non-transactional communications from Demoport anytime by changing the preference settings in their account. Unregistered Users can click on the Unsubscribe link available on the footer section of the Website or the Unsubscribe Option available at the bottom of the Newsletters received from Demoport.
Information on Price and Products
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 of certain products or services may not be listed on Demoport. Due to the nature of customization of certain products/services and other factors, prices of these products are provided by the Sellers on request.
Disclaimer: Pricing of products / product information / technical data published on the Website may, due to some technical issues or typographical errors, be incorrect and in such an event, the seller may cancel your order (s) on that basis.
Services offered on the Platform and Terms
Demoport is only an Online Platform that enables Users to meet and interact with one another for their transactions. Demoport is not and cannot be a party to or control in any manner any transactions between the Website’s Users (Sellers / Buyers / Any third-parties). All transactions happening on the Website shall be strictly subject to the following terms.
All commercial terms / contracts are offered by and agreed to between Sellers and Buyers alone. These terms include, without limitations, price, shipping costs, payment methods, payment terms, date, period, mode of delivery, warranty, after-sales services related to the products / services made available on the Website. Demoport does not have any role or control over such transactions and does not recommend or endorse or in any way involve itself in the offering or acceptance of such commercial terms between the Buyers and Sellers.
Demoport does not make any Representation or Warranty as to attributes of the products or services ( such as quality, value, saleability etc) of the products or services 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.
Demoport is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Demoport cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction on the Website. Demoport shall not and is not required to mediate or resolve any dispute or disagreement between the Buyers and Sellers, unless of Our own accord.
Demoport does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity etc) of any of its Users. You are advised to independently verify the bonafides of any particular User that You choose to deal with on the Website and use Your best judgment in that regard.
Demoport does not at any point of time during the transaction between Buyer and Seller on the Website come into or take possession of any of the products of services offered by the Sellers nor does it, at any point, gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
At no point of time shall Demoport hold any right, title or interest over the products nor shall Demoport have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Demoport is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Demoport is only an enabling platform that can be used by Users to reach a larger base to buy and sell products or services. Demoport is only providing a technology platform for interactions and payment facilitations and it is agreed that the contract for sale of any of the products or services shall be strictly a bipartite contract between the Seller and the Buyer.
Users shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc with the Seller(s) that they transact with.
You release and indemnify Demoport and its officers / representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that regard, Demoport cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate or deceptive. Please use caution and practice safe trading when using the Website.
Please also note that there could be risks in dealing with underage persons or people acting under false pretense.
User Conduct and Obligations
You may access, browse and use the materials solely for personal, informational and internal purposes only. Further, you shall not modify or alter any information or any other material available on the Website without Our consent.
You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface provided by Demoport. You shall not use any “deep-link”, “page-scrape”, robot, spider or other automatic devices, programs, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or Content or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. We reserve our right to take appropriate and stringent legal measures to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means.
You acknowledge and agree that by accessing or using the Website and its services, it is possible that You may be involuntarily exposed to content posted by other users that You may consider offensive, indecent, obscene or otherwise objectionable. Demport disclaims all liabilities arising in relation to such offensive content on the Website.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
You shall not make any negative, denigrating or defamatory statement(s) or comments about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation of Demoport and the brands, sellers, associates listed on Demoport. You also agree that You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Demoport’s Systems or Networks, or any systems or networks connected to the Website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent someone else or impersonate any other individual or entity.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations, without limitations, regarding Your use of Our Service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations in force.
You shall be responsible for providing information relating to the products or services proposed to be sold by You, from time to time. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to misled other Users in any manner.
You shall be solely responsible for maintaining the necessary computer equipments and Internet Connectivity that may be required to access, use and transact on Demoport. Further, You are also obligated to use this Website only for lawful purposes and shall not indulge in any activity that is not envisaged through the Website.
It is also possible for other users to obtain personal information about You due to your use of the Website and they may use such information to harass or injure You. While we do not approve of such unethical behavior, You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Therefore, please be advised to carefully choose the type of information that You wish to disclose or share publicly on the Website.
Demoport shall have all the rights to take necessary action and claim damages that may occur due to your involvement / participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS / DDos (Distributed Denial of Services).
If Demoport allows You to post and upload any material on the Website and its Social Media Pages, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- i. Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- ii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- iii. Publish, post, upload, modify, distribute or disseminate any information or name or material that is inappropriate, objectionable, racial, disparaging, harmful,
harassing, profane, defamatory, infringing, obscene, pornographic, indecent, paedophilic, libelous, invasive of another’s privacy or unlawful in any other manner
through any bookmark, tag or keyword.
- iv. Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all
- v. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's
- vi. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- vii. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or
accessible through the Websites or any affiliated or linked sites;
- viii. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- ix. Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any
other person's use of the Website;
other activity which infringes the rights of Demoport or other third parties;
- xi. Conduct or forward surveys, contests, pyramid schemes or chain letters;
- xii. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- xiii. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material
xiv. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
contained in a file that is uploaded;
- xv. Violate any applicable laws or regulations for the time being in force within or outside India;
- xvii. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or
software obtained from the Website.
You agree and acknowledge that Demoport is not the seller of the products and the services listed on its Website and Demoport shall in no manner be deemed to be the seller of the products or services on this Website. Demoport is only facilitating purchase of the products or services by You from the vendor by providing the Services to You.
You agree that Demoport may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
Contents Posted on Site
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Third Party Content and Links
The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from Demoport.
The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Demoport does not provide any guarantee with respect to accuracy, relevancy, copyright compliance, legality, completeness, timeliness of the Third Party Content and Demoport shall not be held liable for any loss or damage incurred by You based on Your reliance on or use of such data.
Third party content, including that posted by our users, does not reflect our views or that of our parent, subsidiaries, affiliates, employees, offices, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content.
Demoport does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Demoport’s API or otherwise. In addition, the Website may provide links to third-party websites of Our affiliated companies and certain other business for which, Demoport assumes no responsibility for examining or evaluating the products and services offered by them. Demoport does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Demoport does not endorse, in any way, any third party website(s) or content thereof.
As a registered seller, you are allowed to list only item(s) that are not prohibited and legally permitted to be sold in India and in accordance with Our “Marketplace Seller Policy” incorporated by way of reference herein. Your Seller Account will be activated once the following process is successfully completed.
- i. Fill in the requisite details through the Merchant Registration Form on the Website.
- ii. Attach the scanned self-attested copies of the following documents pertaining to your business establishment
- a. TIN(VAT) or Service Tax Certificate, as applicable
- b. PAN (Permanent Account Number)
- c. Dealership Certificate issued by your principal brands or Agreements signed with them
- d. Bank-attested letter stating the Account Details (or) a signed cancelled cheque of your Current Account
- e. In case of an incorporated entity, a duly executed Board Resolution should be submitted
- iii. On receipt of the above documents, our operations team will start the verification process
- iv. On successful completion of the verification process, you will receive your login credentials
- v. You start to create / manage your catalog on Demoport
While listing your products, You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales.
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Demoport reserves the right to delete such multiple listings of the same product listed by you in various categories.
Demoport generates revenue by displaying advertisements and promotions, submitted by third parties, on the Website. Responsibility for ensuring that the advertisement content complies with applicable national laws is exclusively on the Party providing the information / material.
These advertisements may be targeted to the content of information stored on the Website, queries made on the Website or other information. The manner, mode and extent of advertising on the Website is at the sole discretion of Demoport and are subject to change without specific notice to You. In consideration of Demoport granting You access to and use of the Services offered by the Website, you agree that Demoport may place such advertisements on the Website.
Your correspondence or business dealings with, or participation in promotions of, advertisers other than Demoport, found on or though the Website and / or Mobile apps, including terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertisers. We shall not be responsible or liable for any error or omission, inaccuracy in the advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Website or Mobile App.
Demoport contracts with third party service providers to facilitate payment transactions between users. ie., buyers and sellers and for collection of the Website’s fees and other charges. These third party payment service providers may include third-party banking or credit card payment gateways, payment aggregators, Payment on Delivery (POD) Service Providers, mobile payment service providers or through any facility authorized by RBI for collection, refund and remittance, as the case may be. We take utmost care and work with these third party payment providers, but does not control their systems, processes, technology and work flows and hence cannot be held responsible for any fault on the part of these service providers.
Therefore, while availing any of the payment method/s available on the Website, Demoport shall not be responsible or assume any liability, whatsoever, in respect of any loss or damage arising directly or indirectly to You due to:
- i. Lack of authorization for any transaction/s, or
- ii. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
- iii. Exceeding the preset limit mutually agreed by Demoport with our acquiring bank from time to time
- iv. Any payment issues arising out of the transaction, or
- v. Decline of transaction for any other reason/s
All payments made against the purchases/services on the Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction for any other form of currency with respect to the purchases made on the Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
For pre-paid orders, payments to all sellers will be made within fifteen (15) days from the date of receipt of Proof of delivery / Fulfillment confirmation from the buyers. Demoport shall assume no liability for the payments made by buyers to sellers directly.
Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility provided on the Website is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Demoport liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Website.
You understand, accept and agree that the payment facility provided by Demoport is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing the Payment Facility, Demoport is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility available on the Website.
You agree to provide correct and accurate credit/debit card details for availing the payment facility on the Website. You shall not use credit/debit cards which are not lawfully owned by You. i.e, You must use only your own credit/debit cards. The information provided by You will not be utilized or shared with any third party unless required by law, regulation or a 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 cards.
You, as a Buyer, may agree with the Seller through electronic communication and electronic records on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction shall be bipartite in nature between the Seller and Buyer and outside the purview of Demoport.
You, as a Buyer, shall electronically notify Us using the appropriate Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
Demoport reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Demoport may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person 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 of the law.
You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Website.
Demoport reserves the right to impose limits on the number of Transactions or Transaction Price which Demoport may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
Demoport reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Demoport or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a payment gateway and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Demoport may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Demoport. As a result of such check if Demoport is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
Demoport may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Demoport deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Demoport may hold Transaction Price and Demoport may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
The Buyer and Seller acknowledge that Demoport will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Demoport.
DP Reward Points
Rewards Program, as and when, introduced by Demoport shall be governed by the following terms and conditions and the User’s continued participation in the Program constitutes his or her acceptance of any changes made to these Terms and Conditions from time to time.
- i. Reward Points accrued will be associated to the users’ email ids
- ii. Reward Points cannot be transferred from one account to another
- iii. Reward Points can be used only to buy products from Demoport
- iv. Reward Points cannot be redeemed for cash
- v. Reward Points are credited for purchases made on Demoport and excludes e-Gift Vouchers
- vi. Demoport reserves the right to decide / alter / change the expiration period of such programs at any time with or without notice.
- vii. Guest Users are not eligible for using the Reward Points
- viii. Demoport shall not compensate the user after the termination /expiration date of the Reward Points.
- ix. Demoport reserves the right, at any time, without notice, to add/alter/change/ or vary any or all of these terms and conditions or to replace, wholly or in part, the
Rewards Program feature with any other feature, whether similar to this or not, or to withdraw it altogether.
- x. Buyers who redeem the Reward Points will be deemed to have accepted these Terms and Conditions and that the Buyers understand and agree to be unconditionally
bound by the same.
- xi. Demoport reserves the right to suspend or disqualify the eligibility of any User who uses or is suspected of using the Rewards Program in a manner inconsistent with
these Terms and Conditions or any federal or state laws, statutes or ordinances. In addition to the suspension or disqualification, Demoport shall have the right to take
appropriate legal action, including criminal prosecution, as it deem necessary at its sole discretion.
- xii. Attempts by any person to undermine the legitimate operation of the Demoport Rewards Program may be a violation of criminal and civil laws, and, should such an
attempt be made, Demoport reserves the right to seek damages from persons who caused it to the fullest extent permitted by law.
DP Rewards Program is open only to individuals. Companies, institutions, associations or other such groups are not eligible to participate in the Program.
This Program is subject to all applicable laws and regulations. All disputes regarding the eligibility and operation of this Program or the Participants’ compliance with these Terms and Conditions will be resolved by Us at our sole discretion.
Returns and Refunds Policy
Demoport is a pure play online marketplace and is never a party to the transactions between Sellers and Buyers except being a transacting platform.
Demoport lists products and services of reputed brands, established companies / service providers on the Website and connects buyers to the brand-authorized dealers and genuine retail outlets operating in their location / city. 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.
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 of the respective brands and the sellers.
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.
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.
If the Buyer raises a dispute, Demoport shall immediately hold back disbursement of the Seller’s payment until the issue is resolved.
Buyer Protection Assistance and Eligibility
The hyperlocal online plus shopping model adopted by Demoport, by itself, is designed to minimize disputes between Buyers and Sellers by providing both the parties adequate opportunities to interact, understand and freeze the deal.
Demoport’s Customer Care team shall initiate an inquiry and after establishment of the facts, will actively endeavour to facilitate an amicable solution by escalating the issue with senior officials of the concerned Brands / Sellers.
For the purpose of resolving the dispute, Demoport may provide the concerned parties (buyer, seller, principal brand) access to each others’ contact details including designated email ids pertaining to the dispute.
Role of Demoport in the dispute resolution shall be confined to being a facilitator and the final resolution, as such, including but not limited to refunds or replacement of the products purchased, shall be outside the purview of CloudSurge.
Any dispute should be registered, as mentioned herein, within 15 days from the date of delivery of the product and only Buyers who have purchased the product or service using the online payment facility provided on the Website are eligible for Buyer Protection Assistance from Demoport.
Before registering their dispute with Demoport, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer is unable to resolve the issue directly with the Sellers, they can register the dispute with Demoport as mentioned herein.
If the Buyer has already initiated chargeback through his Credit Card issuing bank, it will not be covered under the Buyer Protection Assistance Program. Blacklisted and Blocked Buyers are not covered by this Program.
Demoport shall not be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by the Buyer / Seller on account of any dispute.
Demoport reserves the right to modify or discontinue this Buyer Protection Assistance, at any time, without prior notice to the Users.
Demoport Customer Care Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event of Buyer not responding with the requisite information / clarification sought within 10 days from the date of such request, the dispute shall be auto-closed in favour of the Seller.
Registered Users on the Website are free to provide feedback and such feedbacks shall be deemed to be non-confidential and non-proprietary. These feedbacks shall be displayed along with the respective User ids and Demoport shall freely use such information on an unrestricted basis.
Demoport shall not be responsible for the feedbacks that you post on the Website and you should desist from making comments that are not factual in nature and also should not post defamatory or illegal or offensive/obscene contents, for which you alone shall be liable.
in any way, please do not use the Website.
Intellectual Property Rights
The Website Design and the processes, their layout and arrangement, including but not limited to text, graphics, user interfaces, visual look and feel, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the website is owned and controlled by Demoport and the design, structure, selection, coordination, expression of such Content is protected by appropriate copyright, patent and trademark laws and Intellectual Property Rights.
The trademarks, logos and service marks displayed on the Website (“Marks”) are either the property of Demoport or the respective third parties. You are not permitted to use the Marks without the prior consent of Demoport or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Demoport owns all intellectual property rights to and into the trademark “Demoport” and the Website, including, without limitations, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons and hyperlinks.
The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.
All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of Demoport, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Except as expressly provided herein, you shall not copy or imitate the designs or layouts of this Website, in whole or in part nor download or install any software available on the Website.
Demoport respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Demoport at
Compliance with Laws
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility on the Website.
Disclaimer of Warranties and Liability
The Website, all the materials, products and services (including but not limited to software), included on or otherwise made available to You through this website are provided on "as is" and "as available" basis without any representation or warranties of any kind, express, implied, statutory or otherwise. We specifically disclaim any warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your own risk.
Without prejudice to the forgoing paragraph, Demoport does not warrant nor makes any representations that this
- i) Website or the services will be error-free, uninterrupted, timely or available always and
- ii) the information, data, software, products or services on this Website is complete, true, accurate and non-misleading.
Demoport will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Demoport does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Demoport shall not be responsible for any delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities or any information, software, product and related graphics obtained through the Website or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, the user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at his or her own discretion and risk and he or she will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Demoport accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or any third parties.
To the maximum extent permitted by applicable law, Demoport will have no liability related to user content arising out of intellectual property rights, libel, privacy, publicity, obscenity or other laws. Demport also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. Demoport shall not be liable for any third party product or services and the advertisements available on the Website or E-mail for third party website or products or services are for information purpose only.
All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Indemnity and Limitation of Liability
Further, You agree to release Us, our subsidiaries, respective Directors, officers, employees, shareholders, legal representatives, agents, successors and assigns, from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claims that Your material caused damage to a third party, Your violation of any law, rules or regulations or the rights of a third party, including infringement of intellectual property rights.
In no event shall Demoport, its owners, directors, employees, partners or supplies be liable to You, the vendor or any third party 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 use of or access to the Website, Services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable laws.
The information provided on the Website may contain certain forward-looking statements, including but not limited to, our financial results, operations, vision, strategies, goals, acquisitions, capital position and future plans. By their nature, forward-looking statements involve risk and uncertainty since they purely relate to future events and circumstances.
These forward-looking statements are subject to, amongst other things, the general and economic conditions prevalent in countries or regions where we operate, the successful implementation of our strategy, our ability to realize the benefits of this strategy, the policies and actions of governmental and regulatory authorities, changes in legislation and the impact of competition.
A number of these factors are beyond our control and as a result, our actual future performance may materially differ from our dreams, plans, goals and expectations expressed or implied in these statements. Therefore, we caution the users of the Website that the forward-looking statements made available in the Website are not a guarantee for our future performance.
time to time
- ii) Demoport is required to do so by law
- iii) Provision of the Services to You by Demoport is, in Our opinion, no longer commercially viable
- iv) Demoport chooses to discontinue, with or without reason, access to the Website, the Services (or any part thereof)
Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include (i) removal of access to all offerings within the Website or with respect to the Services (ii) deletion of Your materials and Account Information, including Your personal information, login ID and password and all related information, files and materials associated with or inside Your Account and (iii) barring you from further use of the Services
You unconditionally agree that all terminations shall be made at Our sole direction and that We shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information) or Your access to the Website and Services
Third Party Rights
We reserve the sole right to shut down this website or any part thereof, for any reason, at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any content and / or user content submitted to this website.
Any specific waiver by Us of a breach of any provision hereof shall not be taken or held to be a waiver of the provision itself. Any single or partial exercise of a right or power by Us shall also not preclude any future enforcement of performance of the other terms and conditions.
Governing Laws and Jurisdiction
The Website is created, controlled and operated by us from India (Chennai) and unless otherwise specified, the material and services on the Website is offered solely for the purpose of sale in India. Demoport makes no representation that materials in the Website are appropriate or available for use in other locations / Countries outside India. Those who choose to access the Website from other locations / Countries do so on their own initiative and Demoport is not responsible for supply of products / refund for the products ordered from other locations / Countries other than India, compliance with the respective local laws, if and to the extent local laws are applicable.
You hereby consent that all claims, differences, disputes or cause of action that may arise under or in connection with or in relation with the Website and 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.
Please contact us for any questions or comments regarding this Website.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
CloudSurge Online Services
3/3, Sarojini Street, Mahalingapuram,
Nungambakkam, Chennai – 600034.
Tamil Nadu, India
Ph: +91-44-43051195 ǀ 43072017
Email: [email protected]
Time : Mon - Fri ( 9.30 to 18:00)