Conditions of Use

DENTEE (E-COMMERCE)
TERMS OF USE


[This Terms of Use was last modified on 20/11/2016]


This Terms of Use is an electronic record under the terms of Information Technology Act, 2000 (“IT Act”) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of dentee.com website (“Website”).

It is strongly recommended that the User, before proceeding with the use of this website or submitting any personal or financial details or before availing any services provided through this website, should read carefully the following ‘Terms of Use’ of this website, as detailed hereinbelow, understand the implications of each of the said clauses and agree and accept to each of the said clauses. The User’s use of this Website shall be governed by the provisions of this document as applicable to the Website.
In using this Website, the User shall be deemed to have read and agreed to the following Terms of Use, in its entirety.
ECG Plus Technologies Private Limited, a company incorporated under the Companies Act, [•] with its registered office at B-605, Dhanashree Heights, Veera Desai Road, Andheri West, Mumbai - 400 053, India (hereinafter referred to as "ECG Plus") is the licensed owner of the domain name dentee.com, the content of this Website – which shall include but not limited to design, layout, text, images, graphics, sound, video etc.


This ‘Terms of Use’ document shall be treated parallel to an agreement between ECG Plus and the User, under all the applicable laws of India, and by clicking on the "I Agree" and the "Submit" button below, it will be understood that the User has agreed and accepted all the provisions and terms and conditions laid down hereinbelow in this document and has further agreed to be bound by the provisions of the same in future, in the same manner as that of a legally executed contract under the terms of the Indian Contract Act, 1872. Further, for all practical and legal purposes, the User’s clicking on the "I Agree" and the "Submit" button below shall be treated akin to placing of his signature on an agreement expressing his consent towards the same. Thereafter, in the event the User uses this website or its services or transacts through this Website, this ‘Terms of Use’ document, as may be amended from time to time, shall have the effect of a legally valid binding contract between ECG Plus and the User in the eyes of all the applicable laws in India.


All the information (in written or any other form) provided on this Website has been made available to the User, solely for the purposes of his information. By relying on the said information, and/or making use of the software and/or availing the services offered on this website ("Services"), the User agrees that he/ she is availing the Services offered by ECG Plus and hence he/she will be bound by the Terms of Use contained hereinbelow as well as all the rules, guidelines, policies etc. which may be imposed by ECG Plus from time to time.


By clicking on "I Agree" and clicking on "Submit" button below, the User expressly agrees with, and acknowledges to ECG Plus, the following terms and conditions:
1. Interpretation
(a) The headings are used for convenience and ease of reference and shall not affect the construction or interpretation of any provision of this Terms of Use;
(b) Reference to the singular includes a reference to the plural and vice-versa, and reference to any gender includes a reference to the other gender;
(c) Reference to an individual shall include his/ her personal representative;
(d) References to any enactment are to be construed as referring also to any amendment or re-enactment, any previous enactment that such enactment has replaced (with or without amendment) and to any regulation or order made under it;
(e) Reference to any statute or regulation made using a commonly used abbreviation shall be construed as a reference to the short title of the statute or full title of the regulation.

2. User Eligibility
Under these Terms of Use, only such persons may use this Website and the services available on this Website who are eligible to enter into a contract under the provisions of the Indian Contract Act, 1872. Therefore, minors, undischarged insolvents and/or such others, are hereby barred from using this Website. If any minor wishes to use this Website then that shall be done by his/her parents or legal guardian.

3. User Information
(a) The User wishes to gain, for his own use, more information about ECG Plus and its services/ products offered through this Website, and also the other information regarding the market practices, policies, opinions/ statements of experts, feedbacks etc., incidental to the services offered through this Website.
(b) All personal information entered by the User in using this website and while registering in this the Website is done voluntarily.
(c) Subsequent to registration, all personal/ financial/ professional information entered by the User while searching and placing the order for purchasing any products offered through this Website and enquiring for any such products available therein is done voluntarily.
(d) In using the Website, the User shall be responsible for maintaining the confidentiality of his/her Login details and Password and the User shall be responsible for all activities that occur under his/her Login details and Password. The User agrees that if any of the information provided during searching and placing the order for purchasing any products offered through this website is or discovered at a later date to be untrue, inaccurate or incomplete or ECG Plus has reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, or not in accordance with this Terms of Use, then it shall have the right to indefinitely suspend or terminate or block access of that User to this Website.

4. Communication
In using this website, the User does understand and agree that he/she is actually communicating with ECG Plus though electronic records and therefore grants consent to the fact that the User may receive communications via electronic media from ECG Plus periodically.

5. Scope
Though this Website, ECG Plus provides the services to its Users, the main scope of which is to list a variety of products, under the categories which are available for sale by an array of retailers and network of which is limited to the specific cities. If the Users so desire, they may place the order for purchasing such products displayed on the Website. However, it is informed and submitted to all the Users that ECG Plus does not promote or persuade any of the Users to purchase the said products listed in the website. Therefore, it is required that the Users go through and read the description and other content available along with the products and exercise reasonable diligence while placing orders for purchasing any product listed and displayed on the website.

6. Consideration
Membership on this website is free for the buyers/ prospective buyers. ECG Plus does not charge any fee for browsing and buying any products through this website, however, it reserves the right to change or modify its consideration policy, from time to time at its sole discretion.

7. Limitation of Responsibility
(1) The duties and responsibilities of ECG Plus under the services rendered through this Website i.e. provide Users information about the different products which have been made available for sale by different sellers through this website, shall be limited to those expressly set out under the clause – Scope, and without limiting the generality of the foregoing, shall not include the following:
(a) giving specialist or technical advice or services other than as expressly set out hereinabove; or
(b) giving advice on any aspects relating to courses being made available through this website.
(2) ECG Plus assumes no liability for the interpretation and/or use of the information contained or referred to in this website by the User, nor does it offer warranty of any kind, either expressed or implied, in this regard.
(3) ECG Plus assumes no liability regarding any of the contents on the Website pertaining to the information about the various products listed on this website for sale, as the same are provided by the sellers who have caused the listing of the products on this website. Therefore, the Users are expected to exercise reasonable diligence for seeking complete and necessary information regarding such products and not to rely solely on the contents herein.
(4) ECG Plus assumes no liability regarding any communication between the Users and the sellers which may take place through this Website.
(5) It is expressly stated herein that ECG Plus (including its officers, directors, employees, representatives, affiliates etc.) will not be responsible or liable for (a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation to loss of income/ profit), whether arising under contract or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation to the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect the User’s computer equipment or other equipment as the result of the User’s access to the Website.

8. Representations, Warranties and Covenants by ECG Plus
(a) The contents of this Website are a resource for general information purposes only. ECG Plus makes no endorsement of, is not responsible for and makes no representations or warranties with respect to hyperlinks from this website to other information/ websites/ entities. The contents of this website is intended, but not warranted, promised or guaranteed, to be accurate, complete and up-to-date. It is strictly recommended by ECG Plus that the contents of this website shall not be construed to be in the nature of any financial or professional opinion and no part of the contents on this website should be relied upon by any person without seeking necessary professional advice in this regard. ECG Plus expressly disclaims any liability for any act or omission or any consequence of any act or omission by the User relying on any material or information provided in this website.
(b) In furtherance to the above, the contents of this website and the services specified herein are provided on an "as is" and "as available" basis. ECG Plus expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. ECG Plus makes no warranty and expressly disclaims all and any obligations that: (a) the website content will be up-to-date, complete, comprehensive, accurate or applicable to the User’s circumstances; (b) this website will meet the User’s requirements or will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of this Website or any services offered through the Website will be accurate; or (d) the quality of any products, services, information, or other material obtained by the User through this Website will meet the expectations of the User.
(c) The display on this Website of any products/services offered by any third party shall not under any circumstances be construed to be an advice/ recommendation/ approval of ECG Plus to avail any of these third party products/services nor does ECG Plus extend any advice to the User about such products.
(d) ECG Plus neither guarantees nor warrants that the User will find the product which he/ she seeks to purchase through this website and therefore accepts no responsibility or liability in the event the User is unable to find such a product.

9. Representations, Warranties and Covenants by the User
(a) The User represents and warrants that he/she is legally entitled to enter into and execute a contract and is not disqualified from entering into a contract under the provisions of the Indian Contract Act, 1872.
(b) There exists no contract, commitments or agreements of any nature which may conflict in interest of the User with this Terms of Use.
(c) That this ‘Terms of Use’ document shall be treated parallel to an agreement between ECG Plus and the User, under all the applicable laws of India, and by clicking on the "I Agree" and the "Submit" button below, the User has agreed to all the provisions of this Terms of Use in its entirety.
(d) That the User’s clicking on the "I Agree" and the "Submit" button below shall be treated akin to placing of his signature on an agreement thereby creating legally binding obligations on the User in terms of the provisions of this Terms of Use.

10. Obligations of the User
(a) The accuracy of the data and information provided by the User to ECG Plus for the registration and searching the desired product through the Website shall be the sole responsibility of the User.
(b) The User agrees that all such data entered into in this Website shall be subject to the mandatory verification process of ECG Plus.
(c) The User will ensure compliance with all instructions given by ECG Plus from time to time to enable the use of the Services.
(d) The User shall be solely responsible for all information retrieved, stored and transmitted through the Website by him.
(e) The User shall keep confidential and not disclose to any person the User's password and any other login details and all activities and transmission performed by the User through his user login details.
(f) The User shall immediately notify ECG Plus of any unauthorized use of the User's account or any other breach of security as soon as it comes to the knowledge of the User.
(g) The User agrees that any data entered in this Website can and shall be saved, used and commercially exploited by ECG Plus as it may deem fit.

11. Prohibited Actions
(a) User is restrained from allowing any person other than the authorized person(s) to access the Website or his account on his behalf.
(b) The User undertakes not to resell or assign his/her rights or obligations under these Terms of Use and also agrees not to make any unauthorized commercial use of the services rendered hereunder.
(c) The User shall comply with all applicable laws and shall not contravene any applicable laws of India relating to the Services as applicable hereunder.
(d) The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any other user on this Website except such data and information which is posted by the particular User himself.
(e) The User shall not share the Services with any person without the prior written approval of ECG Plus.
(f) The User shall not use the Service for any unlawful purpose including without limitation to criminal purposes.
(g) The User shall not infringe any intellectual property rights of ECG Plus in this Website and/or retain information in any computer system or otherwise with an intention to do so.
(h) The User hereby grants to ECG Plus a non-exclusive, worldwide, royalty-free, irrevocable, sub-license able right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the information provided by the User in this Website. Such information shall be deemed to be the property of ECG Plus and the User shall take all reasonable steps that the same is accurate, complete and is not misleading.
(i) The User shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or network system.
(j) In the event that the User breaches any of the above mentioned covenants, ECG Plus shall have the right to delete any material relating to the violations. ECG Plus reserves the unilateral right to suspend or/and deactivate the User's access to dentee.com and/or any other related facility in case of violation of these Terms of Use.

12. Confidentiality
All opinions, advice and materials provided by ECG Plus during the course of rendering the Services to the User shall be classified by the User as confidential information and shall not be disclosed by the User to any third party, whether connected to any proposed transaction or otherwise, without the specific consent of ECG Plus, unless such disclosure is mandated by the order of a regulatory, statutory or judicial authority.
Any advice or opinions provided by ECG Plus under or pursuant to this engagement and the terms of this engagement shall not be disclosed or referred to publicly or to any third party, except in accordance with the prior written consent of ECG Plus.
ECG Plus shall also not disclose any information pertaining to the proposed transaction which has been made available to it by the User unless such disclosure is mandated by the order of a regulatory, statutory or judicial authority.
The obligations of confidentiality given herein shall survive the termination of the Letter of Engagement which may be entered into between the User and ECG Plus.

13. Limitation of Liability
The User expressly agrees that in the event of any dispute in future between any person conducting the courses or third party with the User in relation to the products listed for sale through the use of the Website, directly or indirectly, the User shall not proceed with any legal action against ECG Plus and neither shall the User involve ECG Plus in any such dispute. ECG Plus shall not be held liable and responsible for any dispute arising between the User and any such seller or any third party in relation to the products offered for sale through third parties this Website. The User hereby agrees and accepts that in the event of any dispute arising between him/her and the seller (listing his product on this Website) at any time in future, ECG Plus shall not be liable in any manner for such dispute and therefore, shall not be made a party to any legal proceeding, in future, if any, by the User.

14. Indemnifications and Liability
The User agrees and undertakes to indemnify and keep indemnified ECG Plus and its directors, officers and personnel against all liabilities, costs, expenses (including legal fees), damages and losses suffered or incurred by ECG Plus (or its directors, officers and personnel) arising out of:
(a) any misrepresentation/ misuse of Services or website content/ incorrect reporting of information by the User on the Website,
(b) any breach by the User of any of the provisions of this Terms of Use or failure to perform any of its obligations under this Terms of Use,
(c) any claim made against ECG Plus in connection with any of the acts or omissions of the User,
(d) gross negligence, wilful misconduct, misbehaviour or criminal acts of the User or any of its representatives.

15. Maintenance
ECG Plus may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to the Website and/or the Services (as the case may be) without notice to carry out system maintenance/upgrading/testing/repairs/other related work. Without prejudice to any other provisions of this Terms of Use, ECG Plus shall not be liable for any loss/damage/costs/expense that the User may suffer or incur in this regard, and no fees/ charges payable by the User to ECG Plus shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.

16. Trademark
All the icons and logos in this website are registered trademarks or trademarks or service marks of ECG Plus in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall make the offender liable under all the applicable laws.

17. Copyright
All content on this Website is the copyright of ECG Plus except the third party content and links to third party website on the Website.
Any systematic retrieval of ECG Plus content to create or compile a collection, compilation, database or directory without the express written permission from ECG Plus is strictly prohibited.
In addition, use of the content for any purpose not expressly permitted under this Terms of Use is prohibited and may result in legal action. As a condition of the User’s access to and use of the Services, the User agrees that he/she will not use the Website to infringe the intellectual property rights of others in any way. ECG Plus reserves the right to terminate the account of a User(s) upon any infringement of the rights of others in conjunction with use of the Website, or if ECG Plus believes that user(s) conduct is harmful to the interests of ECG Plus, its affiliates, or other users, or for any other reason in its sole discretion, with or without cause.

18. Intellectual Property Rights
(a) ECG Plus being the sole licensed owner of the Website, the domain name and its content which includes without limitation to design, layout, text, images, graphics, sound, video etc., and therefore is the owner of all the intellectual property rights and the related rights, as the case may be. All rights not otherwise claimed under this Terms of Use or by dentee.com are hereby reserved.
(b) The User has no right to use or copy any of the trade names, trademarks, service marks, logos, domain names, designs or any other distinctive brand features of ECG Plus or of any other person as may be displayed on this website or which is linked to, through this website.

19. Suspension of User
The User expressly agrees and accepts that in the event the User breaches any of the provisions of the Terms of Use including but not limited to violating any of the provisions of the applicable laws of India, ECG Plus shall have the exclusive right to suspend, terminate or restrict the access of the User to the Website for any indefinite time in future, as it may deem fit. It is further stated that the aforesaid measure by ECG Plus shall be without prejudice to all the civil and criminal remedies which are available with ECG Plus under the applicable laws herein.

20. Unsolicited Information
(a) The User agrees and accepts that it has not received any unsolicited invitation or advice or invitation from ECG Plus or any of its members or authorized representatives to view this Website.
(b) In the event the User has received an unsolicited invitation from ECG Plus, its members or authorized representatives to view this Website, please provide details about such invitation, including the reference of the person(s) who has made such invitation, by sending an email to support@dentee.com.

21. Privacy Policy
All the information provided on this Website is governed by ECG Plus’ ‘Privacy Policy’, which is also available on this Website. By using this Website, you consent to the use of your information as outlined in the Privacy Policy available on this Website.

22. Governing Law and Jurisdiction
The User expressly agrees and accepts that this Terms of Use, the use of this Website and/or the Services shall be governed by and construed in accordance with all the applicable laws of India and all disputes which may arise in this regard shall be submitted to the exclusive jurisdiction of the courts at Mumbai.

23. Amendment
ECG Plus being the licensed owner of this Website, domain name, the contents (except those contents which are provided by the sellers about their products which are listed on this website) and other intellectual property connected with the Website, may at its sole discretion, at any time in future, add, alter, edit, modify or amend any of the provisions of the Terms of Use, without issuing any notice to any User, and the said modified/ amended Terms of Use shall apply and be legally binding on the User in the same manner and having the same effect as the previous or unaltered provisions of the Terms of Use.

24. Restriction
ECG Plus herein retains the exclusive right to restrict the access of any User to this Website and any of the Services in the event of the User breaching any of the provisions of the Terms of Use or otherwise, if deemed fit by ECG Plus.

25. Waiver
Save and except as expressly provided in this Terms of Use, no exercise, or failure to exercise, or delay in exercising any right, power or remedy vested in this Terms of Use shall constitute a waiver by ECG Plus of that or any other right, remedy or power.

The User confirms that the statements made hereinabove are accurate and the same is acceptable in entirety by the User. In case the User does not agree with any of these Terms of Use above, he/she may discontinue the use of this Website.