Privacy, T&C

Privacy Policy:

The user hereby consents, expresses and agrees that he/she has read and fully understands the Privacy Policy of desimode.co.in the website. The user further consents that the terms and contents of such privacy policy are acceptable to him/her.

The user agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted and any action is intervention shall result in prosecution under the relevant provision of applicable laws.

 

User Rules:
You agree and undertake to use the website and the service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a service, you will not:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
  4. 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 computer.
  5. Conduct or forward surveys, contests, pyramid schemes or chain letters.
  6. Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner.
  7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  8. Violate any code of conduct or other guidelines, which may be applicable for or to any particular service.
  9. Violate any applicable laws or regulations for the time being in force in or outside India.
  10. Violate any of the terms and conditions of this agreement or any other terms and conditions for the use of the website contained elsewhere herein.
  11. Exploit any of the services. We reserve the right to deprive individual customers of our COD payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
  12. You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about desimode.co.in, its associates, employees, executives and directors on any property owned by desimode.co.in.

 

User Warranty:

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the services rendered by desimode.co.in.

 

Rights pertaining to Intellectual Property:

  1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, desimode.co.in owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the website belonging to desimode.co.in without obtaining authorization from desimode.co.in.
  2. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various service. However, with regard to the product customization service (as against other services like blogs and forums) you expressly agree that by uploading and posting content on to the website for public viewing and reproduction/use of your content by third party users, you accept the user whereby you grant a non exclusive license for the use of the same.

 

Third Party Sites:

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

 

Disclaimer relating to Warranties/Limitation of Liability:

desimode.co.in has endeavoured to ensure that all the information on the website is correct, but desimode.co.in neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall desimode.co.in be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from the use or the inability to use the services, unauthorized access to or alteration of the user’s transmissions or data, any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website or service. Neither shall desimode.co.in be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, desimode.co.in shall not be held responsible for non availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond desimode.co.in’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

 

Indemnification:

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

 

Pricing:

Prices for products are described on our website and are incorporated into these terms by reference. All prices are in Indian rupees. Prices, products and services may change at desimode.co.in’s discretion.

 

Shipping:

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

 

Delivery:

desimode.co.in will make a maximum of three attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts desimode.co.in reserves the right to cancel the order(s) at its discretion.

An estimated delivery time is displayed on the Order Summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.

Sometimes, delivery may take longer due to

  1. Bad weather
  2. Flight delays
  3. Political disruptions
  4. Other unforeseen circumstances

In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates.

Also, we will not be able to compensate for any mental agony caused due to delay in delivery. The customer can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the customer will be refunded back in the account as soon as the order is successfully cancelled.

“The buyer agrees that the title to the goods is transferred to the buyer at the time of placing the order and dispatch confirmation thereof irrespective of shipping of goods and COD which are to be done in due course being a separate chargeable facilities.”

 

Termination:

  1. desimode.co.in may suspend or terminate your use of the website or any service if it believes, in its sole and absolute discretion that you have breached any of the terms.
  2. If you or desimode.co.in terminates your use of the website or any service, desimode.co.in may delete any content or other materials relating to your use of the service and desimode.co.in will have no liability to you or any third party for doing so.
  3. You shall be liable to pay for any service or product that you have already ordered till the time of termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

 

Government Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.

 

Headings:

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the website by you contained herein or any other section or pages of the website or any linked sites in any manner whatsoever.

 

Number And Gender Interpretation:

The terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the terms as a whole.

 

Severability:

If any provision of the terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these terms shall continue to be in full force and effect.

 

Abuse Report:

As per these terms, users are solely responsible for every material or content uploaded on to the website. desimode.co.in does not review the contents in any way before they appear on the website. desimode.co.in does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for e.g., defamatory comments or material protected by copyright, trademark, etc.

 

Unauthorized charges on card

If you see charges on your credit/debit card for purchases made on desimode.co.in, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven’t placed the order. If you’re still unable to recognize the charge, please report the unauthorized purchase within 14 days of the transaction to enable Desimode to begin an investigation.

 

Cancellation of Loss or Fraudulent to Business Orders

To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, desimode.co.in reserves the right to cancel all past, pending and future orders without any liability. desimode.co.in also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We 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 card has been charged, the said amount will be reversed to your card account. Any promotional voucher used for the cancelled orders may not be refunded.

 

If any of the following scenarios happen, the customer may be considered fraudulent:

  1. Customer doesn’t reply to the payment verification mail sent by Desimode
  2. Customer fails to produce adequate documents during the payment details verification
  3. Misuse of another customer’s phone or email
  4. Customer uses invalid email and phone no.
  5. Overuse of a voucher code
  6. Use of a special voucher not tagged to the email ID used.
  7. Customer returns the wrong product
  8. Customer refuses to pay for an order
  9. Customer is involved in the snatch and run for any order

 

If any of the following scenarios happen, the customer may be considered loss to business:

  1. Customer with a very high return rate
  2. Invalid/Incomplete address cases
  3. Repeated request for monetary compensation for petty issues like delay etc.

Account for the customers falling in fraudulent or loss to business category may be blocked.

 

Terms for Promotions/Contests/Offers/Campaigns

General Terms for Offers and Promotions

  1. Gift cards or Vouchers sold or distributed by Desimode or by any of its representative, are issued directly to a customer only. Desimdoe is not liable for any misuse, loss or damage of any voucher or gift card.
  2. Only one credit note/gift voucher/voucher can be used per order unless otherwise stated.
  3. Discount vouchers may from time to time be offered to account holders; such vouchers may only be applied to purchases made through the account to which the discount voucher was offered and registered. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, a combination of the two and in case of COD, a bank transfer), these options can be changed at any time without any discretion, consent or information.
  4. We may from time to time offer promotional discount vouchers which may apply in respect of any, or certain specified, purchases made though this website. These promotional discount vouchers, however won’t be re issued for unsuccessful orders. To avail best discount, you can use any current running offers on the website.
  5. desimode.co.in shall introduce various offers, schemes or contest at different times. The terms and conditions for such contest shall be separately available on the site.
  6. desimode.co.in reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in market from time to time. desimode.co.in shall, at its discretion, can withdraw a particular scheme from the website or market.
  7. In case of any query pertaining to use of voucher and/or credit note or regarding the schemes, please email customer care at support@desimode.co.in or call @ 8140999911.
  8. While participating in any desimode.co.in contest you hereby agree to release and hold desimode.co.in (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, but not limited to reasonable attorneys’ fees, or arising out of or related to your participation in the said contest.
  9. Desimode reserves the right to cancel any orders placed using promotional vouchers. Some situations where your order may be cancelled include, without limitation, misuse of any promotional vouchers and unauthorized usage of vouchers or inaccuracies of voucher pricing, technical glitch and value thresholds. The voucher amount will not be refunded for such cases.
  10. Suitable legal action will be taken against websites involved in unauthorised publication of Desimode vouchers. desimode.co.in will only honor vouchers which are issued or published directly by us.
  11. Vouchers can only be used to buy full priced (non-discounted) products.
  12. Vouchers can not be clubbed with any other offer.
  13. For a single transaction, only one voucher can be used.

 

Terms For End of Season Sale

Terms & Conditions for End of Season Sale

  1. The End of Season Sale runs till stock lasts. Sale up to 40% off does not imply that all products are on 40% discount; sale is on 10,000 products but this number will change as and when stock levels decrease. This End of Season Sale is only applicable in India, and is in ‘Life Style and Fashion domain’.
  2. Sign up vouchers cannot be used against sale/discounted items.
  3. Sale/discounts apply to selected items only.
  4. Promotional offers and discounts may be combined only at the discretion of desimode.co.in.
  5. All offers are non transferable and have no cash value.
  6. desimode.co.in reserves the right to extend or terminate the offers/sale, without further information at any point of time.
  7. desimode.co.in reserves the right, at any time, to amend/add/remove/modify (in whole or part) any of the terms & conditions of this sale, or to replace, wholly or in part, this promotion by another promotion, whether similar to this promotion or not, or to withdraw it altogether, and desimode.co.in‘s decision in this regard shall be final and requires no intimation to the customer of any sort.
  8. All refund will be in the form of vouchers only.
  9. In case of any further query pertaining to use of voucher and/or credit note or regarding the sale/offers, please email customer care at support@desimode.co.in or call @ 8140999911.

 

Disclaimer:

It is the customer’s responsibility to login earlier if they want to avail better products or styles because desimode.co.in’s sales are “first come, first served”. The merchandise is not restocked once sold out. No information regarding the presence of any product in our stock will be guaranteed and we will alert you only when an item is sold out. In the event of any conflict between these T&C and the T&C pertaining to any contest, such terms and conditions shall prevail.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorisation for any transaction, on account of the cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

 

We collect and generate various data points about you.
Data by which you are identified is termed as “Personal Data”. Personal Data does not mean information that is freely available or accessible in public domain.
Your Privacy is of utmost importance to us and protection of your Personal Data is a key commitment for us.
We are also governed by the provisions of applicable law in India including the Information Technology Act 2000 and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 to maintain the privacy of your Personal Data.

I. Personal Data

Personal Data we may collect from you are as under:
1. Personal details (e.g. name, contact details including, residential address, date of birth, documents such as identity card / passport details / Aadhaar details / PAN / Voter ID / driving license, and/or education details) provided by you to us to avail various products/services from us.
2. Your details including transaction history, balances, payment details, for effecting transfer of monies through various payment channels provided by us.
3. financial details (e.g. income, expenses, and/or credit history) needed as part of request for some of our products/services;
4. images of documents/ photos required to avail any of our products/services.
5. voice recordings of our conversations with our customer care agent with you to address your queries/grievances;
6. employment details (e.g. occupation, positions held, employment history, salary and/or benefits) as part of our record retention for credit/various product evaluations or required under applicable law including Prevention of Money Laundering (Maintenance of Records) Rules, 2005
7. specimen signature(s) for processing of your instructions received by us through our various payment and delivery channels;
8. opinions provided by you to us by way of feedback or responses to surveys;
9. information obtained from your mobile device by way of using our app like device location, communication information including contacts and call logs, device information (including storage, model, mobile network), transactional and promotional SMS/app notifications.

II. Sharing of your Personal Data

Any Personal Data that we have access to shall never be shared without your consent.
In various processes / submission of applications / availment of product/service offerings, we even seek your explicit consent to use / share your Personal Data.
In our business and operational processes, we only share the data on a partial and “need-to-know” basis to designated personnel or partners or service providers.
We will share your data with competent/ legal/statutory/regulatory agencies / authorities or partners/service providers acting on our behalf (as the case may be) in following cases:
1. only for enabling the provision of the products/services availed by you, strictly on a “need to know” basis and subject to applicable laws.
2. it is directed or required by legal/regulatory / statutory / governmental authorities under applicable laws/regulations though a legally obligated request.
3. it is required by financial institutions to verify, mitigate or prevent fraud or to manage risk or recover funds in accordance with applicable laws/regulations.

III. Usage of Your Personal Data

We use your Personal Data in our business activities for providing our or our partners’ products/services and to perform, among other actions, the following:
1. to facilitate the transactions or report on these transactions;
2. to undertake research and analytics for offering or improving our products/services and their security and service quality;
3. to check and process your applications submitted to us for products/services and/or instructions or requests received from you in respect of these products/services;
4. to share with you, updates on changes to the products/services and their terms and conditions;
5. to take up or investigate any complaints/claims/disputes;
6. to respond to your queries or feedback submitted by you;
7. to verify your identity for us to provide products/services to you;
8. to carry credit checks, screenings or due diligence checks as lawfully required by us;
9. to monitor and review products/services from time to time;
10. to undertake financial/regulatory/management reporting, and create and maintain various risk management models;
11. for conducting audits and for record keeping purposes;
12. for selective offers and promotions.
External Processing: We may provide your personal information to our affiliates or other trusted businesses or persons or service providers engaged by us, or institutions that we partner with to assist us with providing you with products/services to better serve your needs and interests, based on your instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.
We also use your Personal Data to fulfill the requirements of applicable laws/regulations and/or court orders/regulatory directives received by us.

IV. Purging of your Personal Data

1. You may delete your Diabliss account at any point of time by making such choice in Diabliss E-commerce’s desktop website, mobile WAP site or mobile application. With this we will no longer provide your data for external processing as mentioned above. However, we retain your Personal Data as long as the purpose for its usage exists, after which the same is disposed off by us except for any record retention required as per applicable law.
2. The provisions of various laws require your transaction logs to be stored for longer periods post the deletion of an account. Further, in the event of the pendency of any legal/regulatory proceeding or receipt of any legal and/or regulatory direction to that effect, we may be required by the law of the land to retain your Personal Data for longer periods.

V. Cookie Policy

1. Please note that a “cookie” is a small piece of information stored by a web server on a web browser so it can be later read back from that browser.
2. We may use cookie and tracking technology depending on the features offered.
3. No Personal Data will be collected via cookies and other tracking technology; however, if you previously provided Personal Data, cookies may be tied to such information.

VI. Links to other websites

Our website may contain links to other websites which are not maintained by us. This privacy policy only applies to us. You are requested to read the other websites’ privacy policies when visiting these websites.

VII. Reasonable Security Practices and Procedures

We take various steps and measures to protect the security of your Personal Data from misuse, loss, unauthorised access, modification or disclosure. We use latest secure server layers encryption and access control on our systems. Our safety and security processes are audited by a third party cyber security audit agency from time to time.
We have provided multiple levels of security to safeguard your app by Login/Logout option and AppLock feature that can be enabled by you. We also ensure the device binding so that the same login cannot be used on different device without any additional authentication/OTP. Please do not share your Diabliss login, password and OTP details with anybody.