Terms of Use

Welcome to DamaCas. As per the Information Technology Act 2000, Terms of Service to use DamaCas marketplace platform have been published here in accordance to the provisions of Rule 3 of the Information Technology (Intermediate Guidelines) Rules, 2011. This provision requires publishing the privacy policy, rules and regulations and terms of use for access or usage of DamaCas marketplace platform (herein after referred to as the “Platform”).

The platform is owned by (Company’s Legal Name), with its registered office located at (Head Office Address). (Other branches names will be written here).

The following terms and conditions of use are to govern your use of the Platform and services, including the applicable policies which are incorporated by way of reference. You would be contracting with (Company’s Legal Name), the owner of the platform and these terms and conditions constitute your binding obligations with (Company’s Legal Name).

Here, the terms ‘You’ or ‘User’ represents a legal person who has agreed to become a buyer on the Platform by providing the required data when registering as a user. The terms “We”, “Us”, “Our” and “DamaCas” represent (Company’s Legal Name) and its affiliates.

Anyone using any of our services provided through the Platform will be subject to rules, guidelines, policies, terms and conditions applicable to such services. They shall be deemed to be incorporated into this Terms of Use and will be considered as part of these terms. This is applicable to, but not limited to product reviews and seller reviews.

We reserve all the rights, at our sole discretion, to change, modify, add and remove any portion of the following terms of service at any time without prior notice. You should periodically review our terms of service at regular intervals for updates and changes. Your continued use of the Platform following any changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you the privilege to enter and use the Platform.

User Account (Privacy, Password & Security)

You are entirely responsible for keeping up the confidentiality of your ‘Display Name’, ‘Username’ and ‘Password’. You are also responsible for all activities that take place in your account. You agreed that we reserve the right to indefinitely suspend, terminate or block access to your account if you provide information provided by you is untrue, inaccurate, incomplete or outdated.

It is your responsibility to immediately notify our team regarding any unauthorised use/breach of your password or account. You also need to ensure that you log out of your account after the end of each session.

Services We Offer

The Platform offers a number of online services including the sale of original merchandise, such as clothing and accessories from various fashion and lifestyle brands. The sale/purchase of these products are further governed by specific policies such as the cancellation policy, exchange and return policy. These policies can be found on our website all of which are incorporated here for reference.

At the time of creating a return request, users are required to confirm (through a tick box) that the product being returned is unused, with original tags attached and internal packaging intact. If the product which is returned is used or damaged and/or the original tags are not intact then the users return request can be declined, in this instance the product will be shipped back to the customer. In the event a return request is declined and the product is shipped back to the user (whether accepted or not), the user is not eligible for a partial or full refund and Damacas assumes no liability in this regard.

Terms of Use may further be supplemented by product specific conditions, which will be visible and accessible for the user to review. Damacas does not warrant that the product description or any other content on the platform to be accurate, error-free, current or complete and therefore assumes no liability in this regard.

Communication and Transaction Platform

DamaCas itself is not involved and does not have any control over the offering and acceptance of commercial or contractual terms between the buyers and sellers. These commercial/contractual terms include, without limitation, price, shipping costs, payment methods, payment terms, payment date, mode of delivery and warranties related to the products and services or after sales services related to the product/service.

DamaCas does not make any representation or warranty regarding specifics such as quality, value or saleability of the products or services proposed to be sold or purchased on the Platform. DamaCas is not responsible for any non-performance or breach of contract entered between Buyers and Sellers on the Platform and we cannot guarantee that the Buyers and/or Sellers will perform transaction concluded on the Platform.

DamaCas is only a platform that can be used to reach a wider base to buy and sell products or services. It is a platform for communication and you should agree that the contract for sale of any product or service is a bipartite contract between the Buyer and Seller. DamaCas does not hold any right, title or interest over product or have any obligations or liabilities in respect of the contract. We are not responsible for unsatisfactory or delayed services or damage/delays as a result of products which are out of stock or unavailable.

Pricing for any of the products reflected on the Platform could be subject to technical issues, typographical errors or product details be inaccurately reflected by the Seller. In such a scenario, you may cancel your order immediately.

You release and indemnify DamaCas and/or any of its officers and representatives for any cost, damage, liability or any consequence of any of the actions of the Users and specifically waive any claims you may have under any applicable law. Notwithstanding its reasonable efforts on that behalf, we cannot take responsibility or control the information provided by other Users which is made available on the Platform.

User Conduct and Rules on the Platform

You agree that your use of the Platform shall be strictly governed by the following binding principles. You cannot upload, display, publish, modify, update, transmit or share information which:

  • does not belong to you or you do not have any right to
  • is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner
  • is misleading in any way
  • is somehow similar to junk mail, ‘chain letters’, unsolicited mass mailing or spamming
  • is promoting illegal activities or conduct that is abusive, threatening, obscene or defamatory
  • violates any third party’s rights, including but not limited to, intellectual property rights, rights of privacy (including unauthorised disclosure of a person’s name, email address, physical address or phone number) and rights of publicity
  • contains restricted, hidden or password-protected pages or images
  • contains instructional information about illegal activities like buying or selling weapons, providing or creating computer viruses or violating someone’s privacy
  • contains videos, photographs or images of another person without their consent
  • is trying to gain unauthorised access or exceeds the scope of authorised access to the platform or to profiles, blogs, account information, friend requests or the other areas of the platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.
  • might interfere with any other User’s enjoyment of using the platform including their use and enjoyment of similar services
  • infringes any patent, trademarks, copyrights, proprietary rights or trade secrets or rights of publicity of any third-party
  • motivate any Users to carry out fraudulent activities or involve the same of any counterfeit or stolen goods
  • Violates any law for the time being in force
  • Threatens the unity, integrity, security or sovereignty of India, friendly relations with states or public order or causes incitement to the commission of any offence, or one which prevents investigation of any offence or is insulting to any other nation
  • is false, inaccurate, untrue or misleading
  • might create liability for Us in any case or cause us to lose (in whole or in part) the services of our Internet Service Providers or other Suppliers

Any user who meets any of the following scenarios will be considered fraudulent or loss to the business due to fraudulent activity:

  • If the user fails to reply to the payment verification mail sent by DamaCas
  • If the user fails to provide requisite documents at the time of payment details verification
  • Misuse of any other person’s phone or email
  • If the user uses an invalid address, mobile number or email ID
  • The overuse of a voucher code
  • The invalid use of a voucher code not tagged to the email ID used
  • If the user return a wrong product
  • If the user refuses to pay for the order
  • If you are involved in a snatch and run case of any order
  • Any activity conducted with the intention to cause loss to DamaCas
  • The user has a very high return rate
  • The user makes repeated requests for compensation for fake/used products.

DamaCas may cancel your order at any stage of the delivery if it classifies your order as a Bulk or Fraud Order. An order can be classified as bulk or fraud if it meets the below mentioned criteria:

  • If ordered products are for commercial resale, but not for self-consumption
  • Multiple orders placed for the same product and at the same address
  • The same product ordered in bulk quantity
  • The address or other details are invalid
  • Any malpractice used to place the order
  • The order is placed using a technical glitch or loophole

You shall not use the platform for any unlawful or fraudulent purpose, which may cause annoyance or inconvenience to other users or abuse any policy and rules of the company to interrupt or damage the use for other users.

You shall not use a false email address or impersonate any person or entity or mislead DamaCas by sharing multiple email addresses and/or phone numbers and transacting with malafide intentions.

You cannot use Deep-link, Page-scrape, Robot, Spider or any other automatic device, program or algorithm to access, acquire, monitor or copy any portion of the platform or any content. We reserve the right to take immediate action against such activities.

You agree to accept and consent to practices described in these Terms of Use and others, in regard to accessing, viewing or posting appropriate content which does not imitate, harass or abuse any user or violate and exploit the Terms of Use in any way.

You shall not impersonate anyone else or represent anyone apart from yourself with intent to deceive or mislead DamaCas.

You shall ensure full compliance with applicable provisions of the Information Technology Act, 2000 and all applicable domestic law and regulations .

You shall be responsible to ensure the information you provide related to products or services, is accurate and not exaggerated in its attributes which can mislead users in any way. You agree that all the information is accurate and authentic.

You shall not engage or solicitate in advertising to other users of the Platform to buy or sell any products or services.

The content posted on the platform does not necessarily reflect DamaCas views and in no event shall DamaCas have any responsibility or liability for any content posted on the platform. You therefore represent and warrant that you have all the necessary rights to all content which you provide, which should not infringe any propriety or other rights of third parties.

DamaCas disclaims any guarantee the exactness of the product ordered by the user, including but not limited to, colour, size and appearance. Damacas has a Return & Exchange Policy which enables a user to return or change the product, but only within the return/exchange period.

Content on the Platform

All the content on the Platform including text, graphics, photographs, visual interfaces, trademarks, sounds, logos, music, artwork, etc. are third-party generated content and DamaCas has no control over third part user generated content, as we are merely an intermediary Platform. Such content will become our property and you thereby grant us worldwide, perpetual and transferable rights. We are entitled to, consistent with our privacy policy, use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media. You may use the information on the products and services purposely made available on the platform for downloading if:

  • You agree that you will not remove any proprietary notice language in all copies of such documents
  • You use the information for your personal, non-commercial informational purposes only
  • You agree that you will not make any modifications
  • You agree not to make any additional representations or warranties relating to such documents

Warranty/Liability Disclaimer

Products and services available on the platform or otherwise made available to you through the platform are without any representation or warranty from DamaCas unless specified in writing. Moreover, DamaCas does not warrant that the platform will constantly be available, available at all or the information available on the Platform is accurate, true or non-misleading.

Rules for Sellers

Registered sellers can list their products for sale in accordance with policies which are incorporated by way of reference in the Terms of Use. You must be legally allowed to sell products and services that you enlist on the platform. Make sure your items do not infringe upon trade secrets, intellectual property, privacy rights or any other rights of third-parties. Listings shall include (text) description, graphics and pictures that accurately describe your item for sale and it should be posted in the appropriate category. All items listed should be kept in stock for successful fulfilment of sales. The product or service description should not be misleading and you must describe the actual condition of the item. In the event that the description does not match the actual condition of the item, then you are liable to refund the amount that you have received from the buyer. You agree not to list a single products in multiple quantities across various categories on the Platform. DamaCas reserves the rights to delete your listings if you list the same product in different categories.

E-Platform for Communication

You agree, understand and acknowledge that DamaCas is an online Platform which enables you to purchase products listed on the Platform at the price indicated at that time. You further acknowledge that DamaCas is only a facilitator and is not and cannot be a party to or control any transactions on DamaCas.

Indemnity

You should indemnify and hold DamaCas, its owner, licensee, affiliates, subsidiaries, group companies and their respective officers, directors, agents and employees free of any claim, demand or action. This includes reasonable attorney fees made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights of a third part (including infringement of intellectual property rights).

Copyright, Trademark and Restriction

The platform is controlled and operated by DamaCas and products are sold by respective sellers. All material available on the Platform, including audio clip, video clip, images and illustration are protected with trademarks, copyrights and other intellectual property rights. Material on DamaCas is solely for your personal use and not for any commercial use. You are not allowed to copy, reproduce, modify, upload, distribute or transit the content available on the platform and you should not help anyone to do this. Without prior consent of the owner, any modification of the materials, use on any Platform other than DamaCas or for any other purpose other than personal, non-commercial use is a violation of copyrights, trademarks and intellectual property rights and is therefore prohibited. If you receive any remuneration, whether in monetary terms or otherwise is a commercial use for the purposes of this clause. You are responsible and will retain ownership for any content that you provide or unpaid when using any service. However, we reserve the right to use or reproduce any content uploaded by you and you agree to grant unconditional, royalty free, perpetually and worldwide right to DamaCas to use the content for commercial purposes.

Limitation of Liability

In no event will DamaCas be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

  • The use or inability to use the products or services
  • Unauthorised access to or alteration of the users transmissions or data
  • Breach of condition, representations or warranties by the manufacturer of the products
  • Any other matter relating to the product or service including, without limitation, damages for loss of use, data or prohibits, arising out of or in any way connected with the use or performance of the Platform or service. DamaCas shall not be held responsible for the non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to DamaCas.
  • The user understands and accepts that any material and/or data downloaded at DamaCas is done entirely at the users own discretion and risk, they are solely responsible for any damage to their mobile or loss of data resulting from downloading such material and/or data. To the maximum extend that is permissible under law, DamaCas’s liablity shall be limited to an amount equal to the products purchased value brought by the user. DamaCas will not be liable for any dispute or disagreement between Users.

Account Termination

DamaCas reserves the right to terminate your use of the platform if it believes you have breached, infringed, violated, abused, unethically manipulated or exploited any term of these Terms of Service or anyway otherwise have acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until DamaCas chooses to terminate them.

  • If you or DamaCas terminates your use of the Platform, DamaCas has the right to delete any content or other materials relating to your use of the Platform and DamaCas will have no liability to you or any third party for doing this. Your transactional details might be preserved by DamaCas for purposes of tax and/or regulatory compliance.
  • Damacas may unilaterally terminate your account on any event as mentioned in the Terms of Use,. Any credits earned through loyalty or the referral programme, DamaCas credit or pending refunds would be forfeited in such instances. Returns/Refunds for such users will be at the sole discretion of DamaCas.
  • DamaCas reserves the right to refuse access, terminate accounts including any linkedin accounts without any notice if the user has used a false email address, carried out any unlawful or fraudulent use of the platform, which causes annoyance or inconvenience which abuses any policy and rules of the company or mislead DamaCas by sharing multiple addresses and phone numbers or transacting with malafide intentions.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. DamaCas makes no representation that materials on the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access the Platform from other locations/Countries other than India would do so on their own initiative and DamaCas is not responsible for the supply of products or refund of products ordered from any other place part from India.

Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of law principles and disputes arising in relation to this shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities of Gujarat.

Contact the Seller

DamaCas is committed towards ensuring that any disputes arising between Sellers and Buyers are settled amicably by way of the dispute resolution mechanism and procedures. In the event that you want to contact DamaCas about the seller, you can easily reach out to our customer support at (Contact Number) or access help centre at (Contact Us Page Link).

Disclaimer

You acknowledge that you are using the services on the platform and transacting at your own risk using your best judgement before entering any transactions. We are neither liable nor responsible for any actions or inactions of sellers nor any breach of conditions or warranties from the sellers or manufacturers of the product and therefore expressly disclaim any responsibility and liability in that regard.

We are not liable for resolving any dispute or disagreement between you and the sellers or manufacturers of the product. We further disclaim any warranties or representations in respect of quality, suitability, reliability, timeliness, accuracy, completeness, merchantability, fitness for a purpose and legality of the products listed, displayed or transacted on the platform.

Whilst we have taken precautions to avoid inaccuracies in content on the Platform, the website, all content and information including the pricing, software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on the Platform vest with DamaCas not shall we have any obligations of liabilities in respect of any transactions on the Platform.

Delivery: Every user agrees and acknowledges that any claims regarding order delivery (including non-receipt/non-delivery of order or signature verification) should be placed within 5 days of the alleged date of delivery reflected on the DamaCas Portal. We disclaim any liability or responsibility for non-receipt or non-delivery of the order after 5 days from the alleged date of delivery of the product reflected on the DamaCas portal.

Cart Notification

You understand that, in the event that selected products in your cart is out of the inventory, DamaCas provides you an option in your cart to select the product of another seller. You understand that price of the product by another seller might be different.

Multiple Seller

You understand that products of a particular style may be sold on the Platform by multiple sellers and the product price on the listing page of the Platform, may not always reflect the lowest price for that particular style. This is because the seller whose price is displayed on the list page is selected based on the application of a number of parameters and price is only one such parameter. However, once you land on the product display page on the Platform for a specific style, you will have access to the price offered by all sellers on the Platform for the relevant style.

Varying Prices

The price may be different for a particular product on the platform because they are possibly being sold by different sellers. The Platform may not always reflect the lowest price because the seller whose price is displayed on the list page is selected by a number of parameters and price is just one such parameter. However, you have access to different prices offered by all the sellers on the platform.

Platform Fee

DamaCas may levy a small Platform fee for providing access to the Platform and on account of your usage of the Platform, hereinafter referred to as a “Platform Handling Fee” or “ Platform Fee”, subject to Terms of Use and the below Terms and Conditions:

  • The Platform Fee shall be specified on the check-out page of the Damacas Platform
  • The Platform Fee shall be charged on the overall cart value
  • DamaCas reserves the right to modify/waive off the Platform Fee from time to time
  • The Platform Fees will be quotes in India Rupees (INR). You shall be solely responsible for compliance of all applicable laws for making payments to DamaCas.

Grievance Officer

In accordance with the Information Technology Act, 2000 and Consumer Protection (E-commerce) Rules, 2020, the name and contact details of the Grievance Officer are as follows:

Name:

Designation:

Company’s Name:

Address:

Contact Us: (Email ID)

Phone:

Time: