This Terms and Condition for Use / Service of DiscountPandit, is a legal agreement between you and DiscountPandit, (hereinafter referred to as 'our', 'us', 'we') providing, among other things, the terms and conditions for your use of DiscountPandit's online services through the website located at www.www.discountpandit.com (the 'Website') This Agreement shall be applicable to the Users of DiscountPandit Services through other channels such as mobile and offline engagements. (collectively "Services") also.
Read this Agreement containing the Terms and Conditions carefully. Your use of services of DiscountPandit means you are consenting to these Terms and Conditions along with all rules, policies and practices of DiscountPandit.
These Terms and Conditions and all linked information, may be modified from time to time at our discretion. It is your responsibility to review these Terms and Conditions from time to time. If we make material changes to this Agreement, we will notify you here, or by means of a notice on our home page. You have accepted the Agreement as amended if you continue to use any of DiscountPandit's Services after any amendments are posted on our Website. We reserve the right to include additional terms and conditions for additional services or programs. You shall be bound by the same on your participation in such services or programs.
Our Services provide interactive online services consisting of information services, content and transaction capabilities facilitated through DiscountPandit, affiliates of DiscountPandit or merchants ("Merchants") offering Coupons for sale ("Coupons") which may be exchanged for goods/services at Merchants and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of our Services by the User. User shall be responsible for protecting the confidentiality of User's password(s), if any. User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of DiscountPandit, and DiscountPandit shall not be responsible for any data lost while transmitting information on the Internet. DiscountPandit shall strive to make the Website available 99.9% of the time. The Website and / or Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of DiscountPandit, access to the Website and / or Service may be interrupted, suspended or terminated from time to time.
DiscountPandit shall have the right at any time to change or discontinue any aspect or feature of the Website and / or Service, including, but not limited to, transmission method, content, hours of availability and equipment needed for access or use.Modified Terms.
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. DiscountPandit shall not be liable for any damages to the User's equipment resulting from the use of our Services.User Conduct
The foregoing provisions of this Section 4 apply equally to and are for the benefit of DiscountPandit, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.Third-Party Content.
DiscountPandit, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, DiscountPandit has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of DiscountPandit.
In many instances, the content available through this Website and /or other channel represents the opinions and judgments of the respective information provider, end user, or other user not under contract with DiscountPandit. DiscountPandit neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on DiscountPandit by anyone other than authorized DiscountPandit employee spokespersons while acting in official capacities. Under no circumstances will DiscountPandit be liable for any loss or damage caused by an end user's reliance on information obtained through DiscountPandit. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through DiscountPandit.Copyright and Trademarks.
Everything located on or in this Website and/or other channels, including the Microsites, is the exclusive property of DiscountPandit and can be used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF DiscountPandit IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.
This Website and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are protected by copyright. DiscountPandit owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. User may download, print, and/or save copyrighted material for User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of DiscountPandit or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or a Microsite otherwise owned or operated in conjunction with DiscountPandit shall not be deemed to be in the public domain but rather the exclusive property of DiscountPandit, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of DiscountPandit unless otherwise stated.
User shall not upload, post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. DiscountPandit does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Website or any Microsite, User warrants that the owner of such material has expressly granted DiscountPandit the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that User's personal use. User hereby grants DiscountPandit the right to edit, copy, publish and distribute any material made available on this Website or any Microsite by User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of DiscountPandit, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.Copyright Policy.
DiscountPandit reserves the right to terminate its agreement with any User who repeatedly infringes third-party copyright rights upon prompt notification to DiscountPandit by the copyright owner.Disclaimer of Warranty.
User expressly agrees that use of this website, the microsites, or any other channel is at end user's sole risk. Neither DiscountPandit, its affiliates nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the site or any microsite will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this site, or any microsite, or (ii) the accuracy, reliability or content of any information, service or coupons provided through this site or the microsites.
Our services, this website and the microsites are made accessible on an "as is" and "as available" basis. DiscountPandit hereby disclaims any and all representations, warranties and conditions, whether express or implied, including, but not limited to, those of title noninfringement, merchantability, and fitness for a particular purpose.Limitation of Liability.
In no event shall DiscountPandit, be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to this agreement.Monitoring.
DiscountPandit shall have the right, but not the obligation, to monitor the content of the Website and any Microsites / channels at all times, including any chat rooms and forums that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by DiscountPandit, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, DiscountPandit shall have the right, but not the obligation, to remove any material that DiscountPandit, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.Privacy.
By posting communications on or through this Website or any Microsite / channel, User shall be deemed to have granted to DiscountPandit a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub licensees.Indemnification/Release.
User agrees to defend, indemnify and hold harmless DiscountPandit, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by User in connection with the Website, or any Microsites, or any other channel / medium.
User is solely responsible for interactions with Merchants and other users of the Website or Microsites. To the extent permitted under applicable laws, User hereby releases DiscountPandit from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Coupon, and any conduct or speech, whether online or offline, of any other user.Termination.
DiscountPandit may terminate this Agreement at any time. Without limiting the foregoing, DiscountPandit shall have the right to immediately terminate any passwords or accounts of User in the event of any conduct by User which DiscountPandit, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement.Trademarks.
All rights in respect of DiscountPandit trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on DiscountPandit are the property of their respective owners.External Links.
DiscountPandit contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by DiscountPandit of the content on such third-party sites, and DiscountPandit hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If User decides to access linked third-party websites, User does so at its own risk. Unless you have executed a written agreement with DiscountPandit expressly permitting you to do so, you may not provide a hyperlink to the Website or any Microsite from any other website. DiscountPandit reserves the right to revoke its consent to any link at any time in its sole discretion.
The Coupon you purchase through DiscountPandit is redeemable for goods or services by the Merchant. The Merchant, not DiscountPandit, is the seller of the Coupon and the goods and services and is solely responsible for redeeming any Coupon you purchase. DiscountPandit sells a Coupon that can be redeemed in connection with your purchase of the goods or services from Merchant.Terms and Conditions for Restaurant-Specific Coupons:
For this section, "Restaurant" shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Coupons.
Merchant Coupons may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
All Coupons shall be subject to the terms and conditions of DiscountPandit and the participating Restaurant or Merchant. The Merchant or Restaurant is the seller of the goods or services which you are purchasing.
The holder and issuer of a Restaurant-Specific Coupon is the Restaurant. The holder and issuer of a Merchant Coupon is the Merchant. As a holder and issuer of the Coupon, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Coupons or portions thereof. You waive, and release DiscountPandit and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with a Coupon or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Coupons or any portion thereof. Restaurant-Specific Coupons and Merchant Coupons are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
Force Majeure. Without prejudice to any other provision herein, DiscountPandit shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond the DiscountPandit's control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of DiscountPandit's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God.Entire Agreement.
This Agreement and any operating rules for the Website established by DiscountPandit constitute the entire agreement of the parties with respect to the subject matter hereof.Waiver.
No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.Headings.
The section headings used herein are for convenience only and shall be of no legal force or effect.Severability
If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.Governing Law
This Agreement will be governed by laws of India, subject to the Courts in Bangalore, without reference to conflict of laws principles, if any.