Last updated on March 29, 2016

Demoport Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

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 www.demoport.in website.

PLEASE READ THE “TERMS OF USE” CAREFULLY BEFORE USING OR REGISTERING ON THIS WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE.

By accessing / browsing or registering with Demoport and using the services provided on the Website, You signify that you have read, understood and fully accept the “Terms of Use” and you agree to be legally bound by the same without limitation or qualification. This “Terms of Use” shall come in to effect upon your each visit or usage of the Website or upon your registration or upon you providing any information on the Website.

By impliedly or expressly accepting the “Terms of Use”, You also accept and agree to be bound by all other Demoport Policies incorporated herein and amended from time to time. You also represent and warrant that You have the legal authority to accept these terms on behalf of yourself and any party you represent.

1.0
Introduction
1.1
Demoport, is an Internet-based pure play Marketplace that connects Companies and the dealers of their products with people wishing to buy their products in India.
1.2
Demoport is owned and operated by KORGEN Technologies P Limited, a company incorporated in India under The Companies Act, 1956 with its registered office at 3/3, Sarojini Street, Mahalingapuram, Nungambakkam, Chennai - 600034, Tamil Nadu, India and having CIN U41000TN2014PTC094944
2.0
General Provisions
2.1
These Terms and Conditions (“Terms of Use”) and all other policies posted on Demoport.in (hereinafter referred to as Demoport or Website), set out the terms on which KORGEN Technologies P Limited offers access to the users of Demoport and allows them to use the services enabled on this Website and its Mobile App or other software applications whether existing now or in the future.
2.2
For the purpose of this “Terms of Use”, wherever the context so requires, “Registered User” or “Visitor” or “You” or “Your” or “User” shall mean any natural or legal person who accesses Demoport and uses the services offered by Demoport by providing Registration Data while registering on Demoport as a Registered User using his or her computer systems or Mobile Devices or who has used the Website without becoming a Registered User, and, in either case, accepted this electronic version of the “Terms of Use”. The terms “We”, “Us”, “Our” “Korgen” shall mean KORGEN Technologies P Limited, which term shall include, wherever the context permits, their administrators, executors, successors, liquidators and assigns.
2.3
The ‘Terms of Use’ together with the ‘Privacy Policy’, ‘Terms of Sale’ and all other policies incorporated herein or referred to herein, from time to time, collectively and in entirety, shall constitute the legal agreement that shall govern your use of Demoport and the web-pages, hyperlinks, tools and services offered on this Website.
2.4
When You use any of the services provided on Demoport including but not limited to, booking enquiries, demos, requests, placing orders, making payments and writing reviews on products and sellers, you will be also subject to the rules, guidelines, policies, terms and conditions applicable to such services, and they shall be deemed to be incorporated into this “Terms of Use” and shall be considered as part and parcel of this “Terms of Use”.
2.5
We reserve the right, at our sole discretion, to change, amend, add or remove portions of the “Terms of Use”, by posting an amended version on the Website, at any time without any prior notification to You whether as a Registered User or not. The amended version of the “Terms of Use” shall be effective from the time of being posted on the Website. It shall be Your responsibility to review the “Terms of Use” periodically for updates / changes by referring to the “Last Updated” legend above. Your continued use of Demoport following the posting of amended version shall mean that You accept and agree to the current version of the Terms of Use made available on the Website at the time of such use.
2.6
As long as You comply with these Terms of Use and other applicable policies incorporated herein, We grant You a personal, non-exclusive, non-transferable, freely revocable (upon notice from Korgen), limited privilege access to browse, view and use the services available on the Website as expressly permitted in the Terms of Use.
2.7
None of the provisions of the Terms of Use shall be deemed to constitute a partnership or agency between you and Korgen and you shall have no authority to bind Korgen in any manner whatsoever.
3.0
Charges and Services
3.1
Demoport is a technology platform that facilitates an online-offline interface between buyers and third-party sellers of Products and Services listed on its Website. Demoport also facilitates the online sale and purchase of products and services offered by the third-party sellers. Purchase of products and services on Demoport shall be governed by the Terms of Offer For Sale posted herein.
3.2
In case of Demoport releasing a Mobile App that provides the same services presently provided on the Website, Demoport may include functionalities to automatically check for updates or upgrades to the App. Unless your device, its settings, or operating software does not permit transmission or use of upgrades or updates, You agree that We may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time to time. You may be required to install certain upgrades or updates to the App in order to continue to access or use the Services, or portions thereof. Any updates or upgrades provided to you by Us under the Terms of Use shall be considered part of the Services.
3.3
Membership on the website is free. For buyers, the website does not charge any fee for browsing, registering, booking and buying on the Website. For Sellers, there are charges for receiving leads / bookings, transacting orders and advertising on the Website along with the applicable taxes. We reserve the right to change these fees / charges, from time to time, at our sole discretion, including without limitation, right to introduce fees / charges for the new services offered or amend / introduce fees for existing services, as the case may be, by giving a reasonable prior notice posted on the Website or Mobile App.
3.4
Changes to the Fees/Charges Policy shall be posted on the Website and such changes shall automatically become effective immediately from the time of their posting on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and be payable to KORGEN Technologies P Limited within such time as specified in the invoice. Users shall be solely responsible for complying with all applicable laws for making payments to Us.
4.0
Membership eligibility and associated conditions
4.1
The Services offered by Demoport are available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning specified in the Indian Contract Act, 1872 are not eligible to use the Website.
4.2
You hereby represent that You are of legal age (18 years) and are competent to understand and agree to the “Terms of Use” and form a binding contract, and are not a person barred from receiving services, under the Act mentioned above and other laws as applicable in India. Notwithstanding the above, if You are below the age of eighteen (18) years, You may avail the Services provided on Demoport through Your legal guardian or parents.
4.3
Demoport reserves the right to refuse access to use the Services offered on the Website to new Users or to terminate access granted to existing Users at any time without assigning any reasons whatsoever.
4.4
You shall not have more than one Active Account on Demoport and You are also prohibited from selling, trading or otherwise transferring Your Account to another party.
5.0
Registered Users, Password and Security
5.1
Demoport makes the Services available to you through the Website only if You have provided Demoport the required User information and created an account (“Account”) with your valid Email id, Mobile Number and Password or Your Facebook / Google Account and Password (collectively known as the “Account Information”). The Services may also be subject to procedures for use of the Website, Terms of Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & Notices, if any (“Additional Terms”). In the event of any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that Service.
5.2
Demoport requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of your Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (i) immediately notify Demoport of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Demoport shall not be liable for any loss or damage arising from Your failure to comply with this Section 5.2. You may be held liable for losses incurred by Us or any other user or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
5.3
Demoport also allows restricted access to unregistered Users.
5.4
You shall ensure that the Account Information provided by You and saved in Your “My Account” Section is complete, accurate and up-to-date. Use of another User’s Account Information for availing the Services is expressly prohibited.
5.5
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or We determine that You have violated the “Terms of Use” and other policies posted herein or We receive requests from law enforcement or other government agencies, We shall have the right, at our sole discretion and without any prior notice, to indefinitely suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
5.6
You also agree that any violations by You of the “Terms of Use” will constitute an unlawful and unfair practice that will cause irreparable harm to Us, for which monetary damages would be inadequate and You consent to Korgen obtaining any injunctive or equitable relief that We deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Korgen may have at law or in equity.
5.7
In the event of Korgen initiating any legal action against You as a result of Your violation of this Terms of Use, We will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs incurred on such action, in addition to any other relief granted to Us.
6.0
Communications and Subscriptions
6.1
Using the Website or sending emails or other data, information or communication to Demoport constitute electronic communication with us, other Registered Users and Visitors which are legally identifiable and enforceable, and therefore you consent to receive communications via electronic means from Demoport, all other Registered Users and Visitors as and when posted or communicated.
6.2
You expressly agree that all agreements, notices, disclosures and all other communications that we provide to you electronically shall satisfy any legal requirements that such communications be in writing.
6.3
Users can unsubscribe / opt out from receiving promotional and non-transactional communications from Demoport anytime by changing the preference settings in their account. Unregistered Users can click on the Unsubscribe link available on the footer section of the Website or the Unsubscribe Option available at the bottom of the Newsletters received from Demoport.
6.4
Emails / SMS alerts pertaining to your transactions on Demoport shall, however, be sent to you as and when you avail such services. Service of Notice: The Registration Data and email ID or Your Account details of the third party websites through which You register with Demoport will be construed as Your ‘Designated Electronic Address’ and the Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on Your designated electronic address which will be deemed adequate service of notice / electronic record. Any notice provided to Us pursuant to the “Terms of Use” should be sent to legal@korgentech.com.
7.0
Information on Price and Products
7.1
Demoport shall list the Maximum Retail Price (“MRP”) of the products as stipulated by the respective brands. If available, discounted prices offered by the respective sellers of these products shall also be displayed. The final price for any products listed on Demoport shall strictly be a bipartite understanding between You and the concerned Seller.
7.2
Prices of certain products or services may not be listed on Demoport. Due to the nature of customization of certain products/services and other factors, prices of these products are provided by the Sellers on request.
Disclaimer: Pricing of products / product information / technical data published on the Website may, due to some technical issues or typographical errors, be incorrect and in such an event, the seller may cancel your order (s) on that basis.
8.0
Services offered on the Platform and Terms
8.1
Demoport is only an Online Platform that enables Users to meet and interact with one another for their transactions. Demoport is not and cannot be a party to or control in any manner any transactions between the Website’s Users (Sellers / Buyers / Any third-parties). All transactions happening on the Website shall be strictly subject to the following terms.
8.2
All commercial terms / contracts are offered by and agreed to between Sellers and Buyers alone. These terms include, without limitations, price, shipping costs, payment methods, payment terms, date, period, mode of delivery, warranty, after-sales services related to the products / services made available on the Website. Demoport does not have any role or control over such transactions and does not recommend or endorse or in any way involve itself in the offering or acceptance of such commercial terms between the Buyers and Sellers.
8.3
Demoport does not make any Representation or Warranty as to attributes of the products or services ( such as quality, value, saleability etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Demoport does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Demoport accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
8.4
Demoport is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Demoport cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction on the Website. Demoport shall not and is not required to mediate or resolve any dispute or disagreement between the Buyers and Sellers, unless of Our own accord.
8.5
Demoport does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity etc) of any of its Users. You are advised to independently verify the bonafides of any particular User that You choose to deal with on the Website and use Your best judgment in that regard.
8.6
Demoport does not at any point of time during the transaction between Buyer and Seller on the Website come into or take possession of any of the products of services offered by the Sellers nor does it, at any point, gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
8.7
At no point of time shall Demoport hold any right, title or interest over the products nor shall Demoport have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Demoport is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
8.8
Demoport is only an enabling platform that can be used by Users to reach a larger base to buy and sell products or services. Demoport is only providing a technology platform for interactions and payment facilitations and it is agreed that the contract for sale of any of the products or services shall be strictly a bipartite contract between the Seller and the Buyer.
8.9
Users shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc with the Seller(s) that they transact with.
8.10
You release and indemnify Demoport and its officers / representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that regard, Demoport cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate or deceptive. Please use caution and practice safe trading when using the Website.
8.11
Please also note that there could be risks in dealing with underage persons or people acting under false pretense.
9.0
User Conduct and Obligations
9.1
You expressly agree, undertake and confirm that Your use of this Website shall be strictly governed by the following binding principles. You also agree to use the Services, Website and the materials provided therein only for the purposes that are permitted by (i) the “Terms of Use” and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
9.2
You may access, browse and use the materials solely for personal, informational and internal purposes only. Further, you shall not modify or alter any information or any other material available on the Website without Our consent.
9.3
The right granted to You, in the product catalogues or any other material as specified in the “Terms of Use”, are not applicable to the design, layout or look and feel of the Website. These elements are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part.
9.4
You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface provided by Demoport. You shall not use any “deep-link”, “page-scrape”, robot, spider or other automatic devices, programs, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or Content or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. We reserve our right to take appropriate and stringent legal measures to bar any such activity.
9.5
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means.
9.6
You acknowledge and agree that by accessing or using the Website and its services, it is possible that You may be involuntarily exposed to content posted by other users that You may consider offensive, indecent, obscene or otherwise objectionable. Demport disclaims all liabilities arising in relation to such offensive content on the Website.
9.7
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
9.8
You shall not make any negative, denigrating or defamatory statement(s) or comments about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation of Demoport and the brands, sellers, associates listed on Demoport. You also agree that You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Demoport’s Systems or Networks, or any systems or networks connected to the Website.
9.9
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any person’s use of the Website.
9.10
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent someone else or impersonate any other individual or entity.
9.11
You may not use the Website or any content therein for any purpose that is unlawful or prohibited by the “Terms of Use” or to solicit the performance of any illegal activity or other activity which infringes the rights of Demoport and / or others.
9.12
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations, without limitations, regarding Your use of Our Service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations in force.
9.13
You shall be responsible for providing information relating to the products or services proposed to be sold by You, from time to time. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to misled other Users in any manner.
9.14
You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk emails to other Users via the Website. It shall be a violation of the “Terms of Use” to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate at our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but has no obligation, to monitor the materials posted on the Website. Demoport shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of the “Terms of Use”. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Our views. In no event shall Demoport assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
9.15
You shall be solely responsible for maintaining the necessary computer equipments and Internet Connectivity that may be required to access, use and transact on Demoport. Further, You are also obligated to use this Website only for lawful purposes and shall not indulge in any activity that is not envisaged through the Website.
9.16
It is also possible for other users to obtain personal information about You due to your use of the Website and they may use such information to harass or injure You. While we do not approve of such unethical behavior, You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Therefore, please be advised to carefully choose the type of information that You wish to disclose or share publicly on the Website.
9.17
Demoport shall have all the rights to take necessary action and claim damages that may occur due to your involvement / participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS / DDos (Distributed Denial of Services).
9.18
If Demoport allows You to post and upload any material on the Website and its Social Media Pages, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
  • i.    Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
  • ii.   Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • iii.  Publish, post, upload, modify, distribute or disseminate any information or name or material that is inappropriate, objectionable, racial, disparaging, harmful,
          harassing, profane, defamatory, infringing, obscene, pornographic, indecent, paedophilic, libelous, invasive of another’s privacy or unlawful in any other manner
          through any bookmark, tag or keyword.
  • iv.  Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all
          necessary consents;
  • v.   Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's
          computer;
  • vi.  Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
  • vii.  Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or
           accessible through the Websites or any affiliated or linked sites;
  • viii. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
  • ix.   Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any
           other person's use of the Website;
  • x.    Use the Website or any material or Content for any purpose that is unlawful or prohibited by the “Terms of Use”, or to solicit the performance of any illegal activity or
           other activity which infringes the rights of Demoport or other third parties;
  • xi.   Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • xii.  Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • xiii. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material
           contained in a file that is uploaded;
  • xiv.  Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • xv.   Violate any applicable laws or regulations for the time being in force within or outside India;
  • xvi.  Violate the “Terms of Use” including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
  • xvii. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or
            software obtained from the Website.
9.19
You agree that You are solely responsible to Demoport and to any third party for any breach of Your obligations under the “Terms of Use” and for the consequences (including any loss or damage which Demoport or Our affiliates or vendors may suffer) from any such breach.
9.20
You agree and acknowledge that Demoport is not the seller of the products and the services listed on its Website and Demoport shall in no manner be deemed to be the seller of the products or services on this Website. Demoport is only facilitating purchase of the products or services by You from the vendor by providing the Services to You.
9.21
You agree that Demoport may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
10.0
Contents Posted on Site
10.1
Except as expressly provided in the “Terms of Use”, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without authorization from Demoport or the third-party owner of such content.
10.2
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
10.3
You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use Your 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 whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide with entitlement to any compensation for such use.
11.0
Third Party Content and Links
11.1
The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from Demoport.
11.2
The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Demoport does not provide any guarantee with respect to accuracy, relevancy, copyright compliance, legality, completeness, timeliness of the Third Party Content and Demoport shall not be held liable for any loss or damage incurred by You based on Your reliance on or use of such data.
11.3
Third party content, including that posted by our users, does not reflect our views or that of our parent, subsidiaries, affiliates, employees, offices, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content.
11.4
Demoport does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Demoport’s API or otherwise. In addition, the Website may provide links to third-party websites of Our affiliated companies and certain other business for which, Demoport assumes no responsibility for examining or evaluating the products and services offered by them. Demoport does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Demoport does not endorse, in any way, any third party website(s) or content thereof.
12.0
Selling
12.1
As a registered seller, you are allowed to list only item(s) that are not prohibited and legally permitted to be sold in India and in accordance with Our “Marketplace Seller Policy” incorporated by way of reference herein. Your Seller Account will be activated once the following process is successfully completed.
  • i.    Fill in the requisite details through the Merchant Registration Form on the Website.
  • ii.   Attach the scanned self-attested copies of the following documents pertaining to your business establishment
    • a. TIN(VAT) or Service Tax Certificate, as applicable
    • b. PAN (Permanent Account Number)
    • c. Dealership Certificate issued by your principal brands or Agreements signed with them
    • d. Bank-attested letter stating the Account Details (or) a signed cancelled cheque of your Current Account
    • e. In case of an incorporated entity, a duly executed Board Resolution should be submitted
  • iii.  On receipt of the above documents, our operations team will start the verification process
  • iv.  On successful completion of the verification process, you will receive your login credentials
  • v.   You start to create / manage your catalog on Demoport
12.2
While listing your products, You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales.
12.3
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Demoport reserves the right to delete such multiple listings of the same product listed by you in various categories.
13.0
Advertisements
13.1
Demoport generates revenue by displaying advertisements and promotions, submitted by third parties, on the Website. Responsibility for ensuring that the advertisement content complies with applicable national laws is exclusively on the Party providing the information / material.
13.2
These advertisements may be targeted to the content of information stored on the Website, queries made on the Website or other information. The manner, mode and extent of advertising on the Website is at the sole discretion of Demoport and are subject to change without specific notice to You. In consideration of Demoport granting You access to and use of the Services offered by the Website, you agree that Demoport may place such advertisements on the Website.
13.3
Your correspondence or business dealings with, or participation in promotions of, advertisers other than Demoport, found on or though the Website and / or Mobile apps, including terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertisers. We shall not be responsible or liable for any error or omission, inaccuracy in the advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Website or Mobile App.
14.0
Payment Facility
14.1
Demoport contracts with third party service providers to facilitate payment transactions between users. ie., buyers and sellers and for collection of the Website’s fees and other charges. These third party payment service providers may include third-party banking or credit card payment gateways, payment aggregators, Payment on Delivery (POD) Service Providers, mobile payment service providers or through any facility authorized by RBI for collection, refund and remittance, as the case may be. We take utmost care and work with these third party payment providers, but does not control their systems, processes, technology and work flows and hence cannot be held responsible for any fault on the part of these service providers.
14.2
Therefore, while availing any of the payment method/s available on the Website, Demoport shall not be responsible or assume any liability, whatsoever, in respect of any loss or damage arising directly or indirectly to You due to:
  • i.    Lack of authorization for any transaction/s, or
  • ii.   Exceeding the preset limit mutually agreed by You and between "Bank/s", or
  • iii.  Exceeding the preset limit mutually agreed by Demoport with our acquiring bank from time to time
  • iv.  Any payment issues arising out of the transaction, or
  • v.   Decline of transaction for any other reason/s
14.3
All payments made against the purchases/services on the Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction for any other form of currency with respect to the purchases made on the Website.
14.4
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
14.5
For pre-paid orders, payments to all sellers will be made within fifteen (15) days from the date of receipt of Proof of delivery / Fulfillment confirmation from the buyers. Demoport shall assume no liability for the payments made by buyers to sellers directly.
14.6.
Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility provided on the Website is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Demoport liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Website.
14.7.
You have specifically authorized Demoport or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Demoport is on a principal to principal basis and by accepting the “Terms of Use” you agree that Demoport is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Website that are paid for by using the Payment Facility. Demoport does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
14.8.
You understand, accept and agree that the payment facility provided by Demoport is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing the Payment Facility, Demoport is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
15.0
Payment Facility for Buyers
15.1
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility available on the Website.
15.2
You agree to provide correct and accurate credit/debit card details for availing the payment facility on the Website. You shall not use credit/debit cards which are not lawfully owned by You. i.e, You must use only your own credit/debit cards. The information provided by You will not be utilized or shared with any third party unless required by law, regulation or a court order. You will be solely responsible for the security and confidentiality of Your credit/debit card details. Demoport expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit cards.
15.3
You, as a Buyer, may agree with the Seller through electronic communication and electronic records on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction shall be bipartite in nature between the Seller and Buyer and outside the purview of Demoport.
15.4
You, as a Buyer, shall electronically notify Us using the appropriate Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
15.5
Demoport reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Demoport may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
15.6
You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Website.
15.7
Demoport reserves the right to impose limits on the number of Transactions or Transaction Price which Demoport may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
15.8
Demoport reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Demoport or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
15.9
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a payment gateway and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
15.10
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
15.11
Demoport may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Demoport. As a result of such check if Demoport is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
15.12
Demoport may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Demoport deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Demoport may hold Transaction Price and Demoport may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
15.13
The Buyer and Seller acknowledge that Demoport will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Demoport.
16.0
DP Reward Points
16.1
Rewards Program, as and when, introduced by Demoport shall be governed by the following terms and conditions and the User’s continued participation in the Program constitutes his or her acceptance of any changes made to these Terms and Conditions from time to time.
  • i.    Reward Points accrued will be associated to the users’ email ids
  • ii.   Reward Points cannot be transferred from one account to another
  • iii.  Reward Points can be used only to buy products from Demoport
  • iv.  Reward Points cannot be redeemed for cash
  • v.   Reward Points are credited for purchases made on Demoport and excludes e-Gift Vouchers
  • vi.  Demoport reserves the right to decide / alter / change the expiration period of such programs at any time with or without notice.
  • vii. Guest Users are not eligible for using the Reward Points
  • viii. Demoport shall not compensate the user after the termination /expiration date of the Reward Points.
  • ix.   Demoport reserves the right, at any time, without notice, to add/alter/change/ or vary any or all of these terms and conditions or to replace, wholly or in part, the
           Rewards Program feature with any other feature, whether similar to this or not, or to withdraw it altogether.
  • x.    Buyers who redeem the Reward Points will be deemed to have accepted these Terms and Conditions and that the Buyers understand and agree to be unconditionally
           bound by the same.
  • xi.  Demoport reserves the right to suspend or disqualify the eligibility of any User who uses or is suspected of using the Rewards Program in a manner inconsistent with
          these Terms and Conditions or any federal or state laws, statutes or ordinances. In addition to the suspension or disqualification, Demoport shall have the right to take
          appropriate legal action, including criminal prosecution, as it deem necessary at its sole discretion.
  • xii.  Attempts by any person to undermine the legitimate operation of the Demoport Rewards Program may be a violation of criminal and civil laws, and, should such an
           attempt be made, Demoport reserves the right to seek damages from persons who caused it to the fullest extent permitted by law.
16.2
DP Rewards Program is open only to individuals. Companies, institutions, associations or other such groups are not eligible to participate in the Program.
16.3
This Program is subject to all applicable laws and regulations. All disputes regarding the eligibility and operation of this Program or the Participants’ compliance with these Terms and Conditions will be resolved by Us at our sole discretion.
17.0
Returns and Refunds Policy
17.1
Demoport is a pure play online marketplace and is never a party to the transactions between Sellers and Buyers except being a transacting platform.
17.2
Demoport lists products and services of reputed brands, established companies / service providers on the Website and connects buyers to the brand-authorized dealers and genuine retail outlets operating in their location / city. Demoport also provides buyers the option of having offline interactions with the sellers that give buyers adequate opportunity to thoroughly check and evaluate the products or services of their choice before making the purchase.
17.3
Therefore, You expressly agree that Demoport shall not be liable for refund or return of any product you have bought on the Website, whatsoever the reasons are. All purchases made by you on the Website shall be strictly subject to the Returns and Refunds Policy of the respective brands and the sellers.
17.4
However, Demoport shall assist you to connect with the concerned official of the principal brands / sellers in order to facilitate an amicable resolution of disputes relating to refunds / returns claims, if any. If it has been found, that the buyers or Sellers have provided claims or information that is false, misleading or not genuine, then Demoport reserves the right to initiate appropriate civil and/or criminal proceedings against the concerned Users in addition to suspending / terminating their accounts.
17.5
Any User who, knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent permitted by law.
17.6
If the Buyer raises a dispute, Demoport shall immediately hold back disbursement of the Seller’s payment until the issue is resolved.
18.0
Buyer Protection Assistance and Eligibility
18.1
The hyperlocal online plus shopping model adopted by Demoport, by itself, is designed to minimize disputes between Buyers and Sellers by providing both the parties adequate opportunities to interact, understand and freeze the deal.
18.2
However, in the unlikely event of an unresolved dispute with the Seller, Buyers can either register the dispute on our Escalation Platform or write to care@demoport.in.
18.3
Demoport’s Customer Care team shall initiate an inquiry and after establishment of the facts, will actively endeavour to facilitate an amicable solution by escalating the issue with senior officials of the concerned Brands / Sellers.
18.4
For the purpose of resolving the dispute, Demoport may provide the concerned parties (buyer, seller, principal brand) access to each others’ contact details including designated email ids pertaining to the dispute.
18.5
Role of Demoport in the dispute resolution shall be confined to being a facilitator and the final resolution, as such, including but not limited to refunds or replacement of the products purchased, shall be outside the purview of Korgen.
18.6
Any dispute should be registered, as mentioned herein, within 15 days from the date of delivery of the product and only Buyers who have purchased the product or service using the online payment facility provided on the Website are eligible for Buyer Protection Assistance from Demoport.
18.7
Before registering their dispute with Demoport, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer is unable to resolve the issue directly with the Sellers, they can register the dispute with Demoport as mentioned herein.
18.8
If the Buyer has already initiated chargeback through his Credit Card issuing bank, it will not be covered under the Buyer Protection Assistance Program. Blacklisted and Blocked Buyers are not covered by this Program.
18.9
Demoport shall not be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by the Buyer / Seller on account of any dispute.
18.10
Demoport reserves the right to modify or discontinue this Buyer Protection Assistance, at any time, without prior notice to the Users.
18.11
Demoport Customer Care Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event of Buyer not responding with the requisite information / clarification sought within 10 days from the date of such request, the dispute shall be auto-closed in favour of the Seller.
19.0
User Feedback
19.1
Registered Users on the Website are free to provide feedback and such feedbacks shall be deemed to be non-confidential and non-proprietary. These feedbacks shall be displayed along with the respective User ids and Demoport shall freely use such information on an unrestricted basis.
19.2
Demoport shall not be responsible for the feedbacks that you post on the Website and you should desist from making comments that are not factual in nature and also should not post defamatory or illegal or offensive/obscene contents, for which you alone shall be liable.
20.0
Privacy
20.1
You understand, agree and acknowledge that Demoport uses third party services providers to store and process Your personal information and other information which You provide to Demoport (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and / or such country or state may not have any data protection or data privacy laws or such country's or state's data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over the Website. You agree and understand that Demoport provides no guarantee, warranty or assurance that such third party service providers will protect Your personal information and Demoport shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Website.
20.2
We and our affiliates may share / sell / transfer / license / convey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, we and our affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on Demoport or with third party sellers or third party Seller’s website.
20.3
You hereby consent and agree that you have read and fully understand the Privacy Policy of Demoport in respect of the Website. If You object to any terms as mentioned in our Privacy Policy in any way, please do not use the Website.
21.0
Intellectual Property Rights
21.1
The Website Design and the processes, their layout and arrangement, including but not limited to text, graphics, user interfaces, visual look and feel, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the website is owned and controlled by Demoport and the design, structure, selection, coordination, expression of such Content is protected by appropriate copyright, patent and trademark laws and Intellectual Property Rights.
21.2
The trademarks, logos and service marks displayed on the Website (“Marks”) are either the property of Demoport or the respective third parties. You are not permitted to use the Marks without the prior consent of Demoport or the third party that may own the Marks.
21.3
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Demoport owns all intellectual property rights to and into the trademark “Demoport” and the Website, including, without limitations, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons and hyperlinks.
21.4
Intellectual Property Rights for the purpose of this “Terms of Use” shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Demoport as the owner of such domain name.
21.5
The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.
21.6
All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of Demoport, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
21.7
Except as expressly provided herein, you shall not copy or imitate the designs or layouts of this Website, in whole or in part nor download or install any software available on the Website.
22.0
Trademark complaint
22.1
Demoport respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Demoport at legal@korgentech.com
23.0
Compliance with Laws
23.1
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility on the Website.
24.0
Disclaimer of Warranties and Liability
24.1
The Website, all the materials, products and services (including but not limited to software), included on or otherwise made available to You through this website are provided on "as is" and "as available" basis without any representation or warranties of any kind, express, implied, statutory or otherwise. We specifically disclaim any warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your own risk.
24.2
Without prejudice to the forgoing paragraph, Demoport does not warrant nor makes any representations that this
  • i) Website or the services will be error-free, uninterrupted, timely or available always and
  • ii) the information, data, software, products or services on this Website is complete, true, accurate and non-misleading.
24.3
Demoport will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Demoport does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
24.4
Demoport shall not be responsible for any delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities or any information, software, product and related graphics obtained through the Website or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, the user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at his or her own discretion and risk and he or she will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Demoport accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or any third parties.
24.5
To the maximum extent permitted by applicable law, Demoport will have no liability related to user content arising out of intellectual property rights, libel, privacy, publicity, obscenity or other laws. Demport also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
24.6
Nothing on Website constitutes, or is meant to constitute, advice of any kind. Demoport shall not be liable for any third party product or services and the advertisements available on the Website or E-mail for third party website or products or services are for information purpose only.
24.7
All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
24.8
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
24.9
You agree that the aforesaid disclaimers shall be in addition to all other disclaimers given in the “Terms of Use”.
25.0
Indemnity and Limitation of Liability
25.1
You agree to indemnify and hold harmless Demoport including but not limited to, its owners, subsidiaries, group companies, vendors, affiliates (as applicable) and their respective shareholders, officers, directors, employees and agents, against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith) incurred by Demoport 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 obligations to be performed by You pursuant to the “Terms of Use” and other policies posted on the Website and incorporated by reference.
25.2
Further, You agree to release Us, our subsidiaries, respective Directors, officers, employees, shareholders, legal representatives, agents, successors and assigns, from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claims that Your material caused damage to a third party, Your violation of any law, rules or regulations or the rights of a third party, including infringement of intellectual property rights.
25.3
Notwithstanding anything to contrary, Demoport’s entire liability to You under this “Terms of Use” or otherwise shall be the refund of the money charged from You for any specific product or service or voucher, under which the unlikely liability arises.
25.4
In no event shall Demoport, its owners, directors, employees, partners or supplies be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Demoport has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
25.5
The limitations and exclusions in this section apply to the maximum extent permitted by applicable laws.
26.0
Forward-Looking Statements
26.1
The information provided on the Website may contain certain forward-looking statements, including but not limited to, our financial results, operations, vision, strategies, goals, acquisitions, capital position and future plans. By their nature, forward-looking statements involve risk and uncertainty since they purely relate to future events and circumstances.
26.2
These forward-looking statements are subject to, amongst other things, the general and economic conditions prevalent in countries or regions where we operate, the successful implementation of our strategy, our ability to realize the benefits of this strategy, the policies and actions of governmental and regulatory authorities, changes in legislation and the impact of competition.
26.3
A number of these factors are beyond our control and as a result, our actual future performance may materially differ from our dreams, plans, goals and expectations expressed or implied in these statements. Therefore, we caution the users of the Website that the forward-looking statements made available in the Website are not a guarantee for our future performance.
27.0
Report Abuse
27.1
In the event of you coming across any abuse or violation of the “Terms of Use” or if You become aware of any objectionable content on the Website, please report to legal@korgentech.com
28.0
Termination
28.1
The “Terms of Use” will continue to be binding until terminated by either You or Demoport as set forth below. If you wish to terminate Your agreement with Demoport, You may do so by (i) closing Your Registered Account with Demoport, an option made available to You in the ‘My Account’ section and (ii) not accessing the Website
28.2
Demoport, may at any time, with or without notice, terminate the “Terms of Use” (or portion thereof, such as any individual Additional Terms) with you, if
  • i)   you are found or suspected to have breached any of the provisions of the Terms of Use, Privacy Policy and other policies that may be applicable to You from
         time to time
  • ii)  Demoport is required to do so by law
  • iii) Provision of the Services to You by Demoport is, in Our opinion, no longer commercially viable
  • iv) Demoport chooses to discontinue, with or without reason, access to the Website, the Services (or any part thereof)
28.3
Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include (i) removal of access to all offerings within the Website or with respect to the Services (ii) deletion of Your materials and Account Information, including Your personal information, login ID and password and all related information, files and materials associated with or inside Your Account and (iii) barring you from further use of the Services
28.4
You unconditionally agree that all terminations shall be made at Our sole direction and that We shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information) or Your access to the Website and Services
28.5
Notwithstanding the foregoing, the “Terms of Use” shall survive indefinitely unless and until Demoport chooses to terminate them.
29.0
Assignment
29.1
You cannot assign or otherwise transfer the “Terms of Use” or any rights granted hereunder to any third party. Demoport may transfer its rights and obligations under the “Terms of Use” to any third party without the requirement of seeking Your consent.
30.0
Third Party Rights
30.1
Except as expressly provided in the “Terms of Use”, a person who is not a party to this Agreement cannot enforce any of its terms.
31.0
Website Shutdown
31.1
We reserve the sole right to shut down this website or any part thereof, for any reason, at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any content and / or user content submitted to this website.
32.0
Severability
32.1
If for any reason, any provision of the “Terms of Use” or portion therefore is adjudicated to be illegal, invalid or unenforceable under the applicable laws, that provision shall be severable and replaced by a valid and enforceable provision to the maximum extent permitted by the applicable laws, which most closely matches the intent of the original provision.
32.2
The invalidity or unenforceability of any provisions of this “Terms of Use” and their severance or replacement shall not affect or impair the validity or enforceability of the remaining provisions of this “Terms of Use”, which shall remain in full force and effect.
33.0
Non-Waiver
33.1
Failure or delay by Us to exercise or enforce a right or power under this “Terms of Use” for the strict performance of the same shall not be construed as a waiver of our rights or remedies hereunder, whether for the past or future actions of any User. Only a specific, written waiver signed by the Authorized Representative of Korgen shall have any legal effect whatsoever.
33.2
Any specific waiver by Us of a breach of any provision hereof shall not be taken or held to be a waiver of the provision itself. Any single or partial exercise of a right or power by Us shall also not preclude any future enforcement of performance of the other terms and conditions.
34.0
Exclusive Remedy
34.1
If we do not comply with our undertakings under the “Terms of Use”, we shall either correct the non-compliance on being brought to our notice or, at our option, terminate the “Terms of Use” by prior notice posted on the Website. To the maximum extent permitted by law, this clause expresses your sole and exclusive remedy in relation to our non-compliance.
35.0
Governing Laws and Jurisdiction
35.1
The Website is created, controlled and operated by us from India (Chennai) and unless otherwise specified, the material and services on the Website is offered solely for the purpose of sale in India. Demoport makes no representation that materials in the Website are appropriate or available for use in other locations / Countries outside India. Those who choose to access the Website from other locations / Countries do so on their own initiative and Demoport is not responsible for supply of products / refund for the products ordered from other locations / Countries other than India, compliance with the respective local laws, if and to the extent local laws are applicable.
35.2
This “Terms of Use”, other rules and policies contained herein and any of Your usage of Website and Your dealings with the Website shall be governed by and construed in accordance with the laws of India without reference to conflict of laws principles.
35.3
You hereby consent that all claims, differences, disputes or cause of action that may arise under or in connection with or in relation with the Website and the relationship between You and Demoport shall be subject to the exclusive jurisdiction of the courts at Chennai, India and You hereby accede to and accept the jurisdiction of such courts.
35.4
Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this “Terms of Use” including without limitation this paragraph.
36.0
Arbitration
36.1
All disputes or claims arising between You and Korgen during Your use of the Website or Your dealing with Korgen in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the “Terms of Use” and all the rules and policies posted on the Website, shall be referred to an independent and neutral third-party arbitrator identified by Korgen and subject to The Arbitration and Conciliation Act, 1996 which rules are deemed to be incorporated into this clause, by reference. The place of Arbitration shall be Chennai, India and the language of Arbitration shall be English.
37.0
Translation of the Terms of Use
37.1
Demoport may, in future, provide a translation of the English version of the “Terms of Use” in other languages. You understand and fully agree that any such translation of the “Terms of Use” is only for your convenience and that the English version shall solely govern the terms of your relationship with Demoport. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the “Terms of Use” shall prevail over others.
38.0
Contact Us

Please contact us for any questions or comments regarding this Website.

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mrs.Sujatha Nandhagopal
KORGEN Technologies Private Limited
3/3, Sarojini Street, Mahalingapuram,
Nungambakkam, Chennai – 600034.
Tamil Nadu, India
Ph: +91-44-43051195 ǀ 43072017
Email: legal@korgentech.com
Time : Mon - Fri ( 9.30 to 18:00)
39.0
Headings
39.1
The headings and sub-headings of the sections of the “Terms of Use” and the order in which they are inserted are only for convenience and identification and shall not constitute a part hereof or affect, in any way, the meaning or interpretation or limit the scope of the “Terms of Use”.
Seal

100% Secure Payments
We accept all major credit cards, debit cards, wallets, net banking and also offer multiple EMI options

payment gateway
Seal

100% Secure Payments
We accept all major credit cards, debit cards, wallets, net banking and also offer multiple EMI options

payment gateway

CREATE YOUR FREE ACCOUNT !
GLAD TO SEE YOU BACK !

Online Plus Shopping

Ultrasafe. Superfast.

  • »  Wide Range of Proven Products
  • »  Popular and Trusted Brands
  • »  Genuine Local Dealers
  • »  Amazing Offers and Deals
  • »  Pre-sales Chat Option
  • »  Multiple Payment Choices
  • »  Same Day Delivery
+91

Sign in with

Facebook
|

Need Assistance ?

Sign in with

Facebook
|

Need Assistance ?

Please rest assured that Demoport shall never share your personal information with third parties

CREATE YOUR FREE ACCOUNT !
GLAD TO SEE YOU BACK !

+91
+91
By signing up, you agree and accept our Terms of use and Privacy policy.
Already have an account ? Login

Sign in with

Facebook
|