Terms & Conditions

Terms of User Agreement - Bargaining

A. The Terms

  • 1. Definitions
  • 2. Agreement
  • 3. Services
  • 4. Service Level Agreement
  • 5. Pricing & Refund Policy
  • 6. Retention & Backup Policy

B. User's Account

  • 7. User Eligibility
  • 8. Account Obligations
  • 9. Code of Conduct
  • 10. Abuse Policy
  • 11. Termination
  • 12. Monitoring and Support

C. Legal Statements

  • 13. Copyright & TradeMark
  • 14. Linking to the Website
  • 15. Governing Laws
  • 16. Third Party Legal Actions
  • 17. Electronic Communication
  • 18. No resale of Service
  • 19. Entire Agreement
  • 20. Grievance Officer
  • 21. Confidentiality

D. Disclaimer

  • 22. Risk factors
  • 23. Disclaimer of Warranties
  • 24. Limitation of Liability
  • 25. Indemnity
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1. Definitions

a) "Admin" is the representative of the Bargaining.com, who has been granted Administrative rights by Bargaining;

b) "Content" means all information, data, text, sound, pictures, graphics, video, messages, advertisements, or other materials posted on Bargaining;

c) "Information" includes data, message, text, images, sound, voice, codes, computer programs, software and databases or microfilm or computer generated micro fiche;

d) "Merchant" is any third party merchant whose products have been displayed at Bargaining.com

e) "Premium Features/Services" means the access to any paid service(s);

f) "Profile" or "User Profile" refers to your personal information appearing on your profile page.

g) "Proprietary or Confidential Information" shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information;

h) "Registered User" means member who has registered at Bargaining.com;

i) "Registration data" refers to the information to be provided in the registration form and any other information provided later, which except the sensitive information may also form part of your User Profile;

j) "Sensitive Information" or personal data of a person means such personal information which consists of information relating to password, financial information, etc as defined under Information Technology Rules;

k) "Site", "Website" refers to the website www.Bargaining.com;

l) "Terms" and "User Agreement" refers to the Terms of User Agreement contained herein below;

m) "User", "you" and "your" refer to the individual or Institution who uses the Bargaining services at Bargaining.com;

n) "Bargaining" refers to Bargaining.com, which is an Intermediary under the Information Technology Act and Rules there under;

o) "We", "us" and "our" refer to the Bargaining and it's management;

Other terms would have meaning as defined under Information Technology Act, 2000 and rules made thereunder or otherwise as per the dictionary meaning.

2. Agreement

In order to make proper use of the Bargaining.com, you must be a registered member of the Site. You agree that, by the actual use of the Bargaining.com services at any point by completing the account registration process and clicking the "Submit" button, you will be bound by the following User Agreement. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. Further:

a) Bargaining.com services owned and operated by Guava Softs Pvt Ltd, Ludhiana, India is provided to you under the terms and conditions of this User Agreement and any other operating rules or policies that may be published by us on the website from time to time.

b) All the terms set here are presented in English language and it is the sole responsibility of user to understand these terms accurately in the language he understands. You must read, understand and agree with and accept all of the terms and conditions contained in these Terms, which include those terms and conditions expressly set out below and those incorporated by reference, before you use services or register at this website.

c) We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a registered user at this site.

d) We reserve the right to modify the User Agreement at anytime by posting a new agreement on our site, you should always review them prior to using the Site. In case, any modification to the agreement is unacceptable to you, your only recourse will be to terminate this agreement. In case you continue to access any of our services after that time you will be deemed to have accepted any change.

3. Services

Bargaining.com is an India based company. It's a Made in India, make for India and made by Indians. At bargaining.com we strive to achieve the highest level of "Customer Satisfaction" possible. We provide the customer with:

  • Border selection of products.
  • Superior buying experience.
  • The best and cheapest deals to customers.
  • Latest discount coupons and flash sales listed for various shops and websites
  • Easy and hassle free shopping experience
  • Added cashback of 5% on every transaction.

Bargaining.com is associated with over 30 popular stores and sites like Amazon, Flipkart, Paytm, Snapdeal, Jabong, Pepperfry to name a few. Customers can shop from any of these online stores and get amazing deals through bargaining.com. Bargaining.com also provides assured 5% flat cash back on every product purchased, which will be credited to you in the form of Points, which are redeemable against the products availanle at Bargaining.com.

Following are some of the specific terms for the Registered Members, though further terms are equally applicable to all the users and need to be strictly complied with. As a Registered Member:

a. You are required to provide true and accurate and relevant details and are otherwise responsible to regularly maintain and promptly update the Profile to keep it true, accurate, current and complete.

b. You are responsible for maintaining the confidentiality of the issued Username and Password at Bargaining and agree to accept responsibility for all activities that occur due to your use or under your account or Password.

c. You agree not to indulge in any kind of Social Engineering or any act of data mining in a bid to find any information of the registered users at Bargaining.com or build and distribute any data in any other manner.

d. You agree to not use the Bargaining.com services for any kind of promotion or spam or chain letters, unsolicited messages or any other related activity through the use of Bargaining services.

e. You will not solicit passwords or personal identifying information for any purposes from other users or try to crack the password of other users, which would be termed as hacking attempt.

f. You permit Bargaining to host the content posted by you and also Bargaining.com can claim and retain copyrights over any content posted by you over the website. g. You are required to strictly follow the code of conduct as provided hereunder in terms of Information Technology Law. h. You are expected to not only comply with the said Terms of User Agreement but also the applicable law of the land.

4. Service Level Agreement

During the applicability of this Terms of User Agreement, the Bargaining Services will be operational and available to you as a customer at least 99.5% of the time in any calendar year in normal circumstances. And in case of any downtime or website access issues, you should email Bargaining Team at contact@bargaining.com. Further, though we try best to provide the best possible uptime but in case of extreme circumstances, downtime beyond this SLA may happen, which may or may not control. But for any such downtime, you agree that Bargaining cannot be held responsible for any loss.

5. Pricing & Refund Policy

Products displayed would be available at the prices indicated thereon. Though you can register for free, at Bargaining.com to keep track of the points earned. Though it is not guaranteed that any services would remain free or vice versa at all times.

The payment would be collected through duly approved secured Payment Gateway, information of which will be available over the website.

Refunds:

Any payment made by any member to Bargaining.com is not refundable except in exceltional circumstances. The decision as to refund by the Bargaining management will be final and binding. In case, the payment made is made directly to the third party merchants, the same would be governed by respective Terms and Policies.

In case of any refund claims, you can email to the us at contact@Bargaining.com with proper details.

6. Retention & Backup Policy

The logs and user data would be retained as a backup in Bargaining server for atleast 3 (three) years from the date of its creation. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.

In case of any technical difficulty in the system, we will have backup available with us to restore the Data to the main Server. But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a Bargaining user agree that in no case, Bargaining can be held responsible for loss of data in any circumstances.

B. User's Account

7. User Eligibility

a) To be able to use any services offered by Bargaining, you need to be of competent to Contract in terms of Indian Contract Act, 1872. If you are a minor, i.e. below 18 years of age in India or below the majority age as per the laws of your country, you can use the services only for information and/or knowledge purposes. Bargaining reserves the right to ask for proof in support of age or even terminate your membership, if it is brought to our notice that account was created by providing false age.

b) you confirm that any court, tribunal or any adept authority does not prohibit or impose any kind of restriction/conditions/order to enter this agreement or online services of nature and function similar to ours.

c) Further, you confirm that your are not violating any applicable law by entering this agreement. We reserve the right to terminate your services and refuse to provide access to the Site in case of any such violation.

8. Account Obligations

You agree:
a) That you will provide true, accurate, current and complete information about yourself at Bargaining.com and regularly maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

b) That you will use the Bargaining services only for the purpose that are permitted by the aforesaid Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.

c) That your Bargaining account and the activity under it are subject to review from time to time by the Bargaining. On the basis of the Bargaining's report, your account may be blocked or may become subject of deletion if found to be transmitting objectionable, obscene or offensive material or links to the same or otherwise found to be indulging in violation of the Code of Conduct, without any prior notice to you.

d) That we reserve the right to reject any information/data posted over Bargaining.com without assigning any reason and make all such modifications/editing to the information submitted in order to fit into the database.

e) That we at our sole discretion and at any time, may set limitations on the number of transmission you may send or receive through the Services or on the amount of storage space that can be used for the provision of this Service and as a result some features may be blocked or information deleted.

f) That if your Bargaining account is blocked in any circumstances including as provided under the terms, you may be prevented from accessing all the services available under this website. Further, you agree that you may not try to register under an anonymous name to get access to the site otherwise for any purpose whatsoever.

You must promptly notify Bargaining of any breach of security related to the Services, including but not limited to unauthorized use of your password or account. To help ensure the security of your password or account, please sign out from your account at the end of each session.

9. Code of Conduct
a) That you would not to host, display, upload, modify, publish, transmit, update or share any information that —

i belongs to another person and to which the user does not have any right to, unless you have written consent from the owner of the copyrighted material;

ii
is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii harm minors in any way;

iv infringes any patent, trademark, copyright or other proprietary rights;

v violates any law for the time being in force;

vi deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vii impersonate another person;

viii contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

ix threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

x

is false, defamatory or libelous, inaccurate, abusive, vulgar, bigotry, hateful, harassing, offensive, obscene, profane, threatening, promoting racism, promoting illegal activities, promoting physical harm of any kind against any group or individual, invasive of a person's privacy, adult material including pronography, or otherwise in violation of any Indian or International Laws.

b) That you will not develop or use any automated processes or any kind of scripts to view content on or communicate with the website or its users in any way.

c) That you will not rent, lease, trade or sell access to the Services or related information or data. Otherwise also sell, sponsor, or otherwise monetize Bargaining.com website or any other feature of the service, without our consent.

d) That you agree to not (and permit anyone else to) copy, modify or extract the source code of the service or any part thereof. You further agree that you may not indulge in any kind of process, which may be termed as work of Reverse Engineer unless this is expressly permitted or required by law or unless you have been specifically told that you may do so by us, in writing.

e) That you will not use the Service to distribute or upload any virus, trojan horses or do anything else that might cause harm to the Service, our systems or to other users' systems in any way.

f) That you will not solicit passwords or personal identifying information for any purposes from other users or try to crack the password of other users, which would be termed as hacking attempt.

g) That you agree that you will not engage in any activity that interferes with or disrupts the Bargaining Services (or the servers, which are connected to the Services).

10. Abuse Policy

The Services provided to the User by Bargaining may only be used for lawful purposes. That is, when you sign up for Bargaining, you agree not to use the account to send spam, distribute viruses, or otherwise abuse the service, which is provided above as above.

Otherwise also transmission, storage, distribution or presentation of any Content in violation of any and all applicable laws is prohibited. In case any violation of either terms or Law of the land is discovered, we may suspend the account and immediately initiate an investigation either internally or through any Government Agency, depending upon the circumstances of the case.

We may, at any and all times, in our sole and absolute discretion, during such an investigation, restrict your access in order to prevent any further possible unauthorized activity. Depending on the severity of the violation, we may, at its sole discretion, restrict, suspend, or terminate a User's account and/or pursue other legal remedies.

You agree to grant the rights to us to reveal your identity (or any other related information collected on this service) if required by law or in case of any legal action or complaint arising from any situation caused by your use of this site. In exercising this right, we may ask you to provide any documentary or other form of evidence supporting the Content you have stored/transmitted through Bargaining. If you fail to produce such evidence, we may, in our sole discretion, block/terminate your access without notice.

Bargaining may also randomly monitor the user accounts. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner and may also help to detect any violations as stated above.

11. Termination

a) You are hereby informed that in case of non-compliance with the updated rules, user agreement including disclaimer and privacy policy as posted on Bargaining.com, admin has the right to immediately terminate the access or usage rights of the users to the services and also remove non-compliant information.

b) You further agree that we, in our sole discretion, may terminate your Bargaining account or password or use of any or all of the services, for any legal reason or complexities, including, without limitation, for improper use of any service or if we believe that you are not eligible to become a registered user. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.

c) Further, at the time of registration at Bargaining, if you provide any information that is untrue, inaccurate, not current or incomplete or we have a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement. We have the right to indefinitely suspend or terminate your access and refuse to provide you with access to the Website.

d) Furthermore, you agree that Bargaining shall not be liable to you or any third-party for any termination of your access to the Service in any of the above circumstances or due to any other unforeseen circumstance or legal complexities.

e) You may terminate your service at any point with or without cause by writing to us at contact@bargaining.com

12. Monitoring and Support

To ensure users receive the highest possible level of service, Bargaining may randomly monitor the Bargaining services. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner.

In case of any Grievance with respect of any Bargaining services, you can contact the grievance officer, whose details have been published at the end of the Terms and also over Contact Page.

You can obtain assistance with any technical difficulty that may arise in connection with user's utilization of the Bargaining Services by requesting assistance via email to contact@bargaining.com. We reserve the right to establish limitations on the extent of such support, and the hours at which it is available.

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the Bargaining Services and users shall be responsible for all charges related thereto.

C. Legal Statements

13. Copyright and Trademarks:-

a) Unless otherwise stated, all intellectual property rights including Trademarks, Logos and Copyrights in all Content presented on the Bargaining site are the property of Bargaining and its affiliates and are protected under applicable Indian laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law. The User of these services cannot claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website.

b) Without limiting the foregoing, copying or reproduction, for redistribution or other purpose, of the web site or any part thereof to any other server or location, including caching of any kind is expressly prohibited.

c) Unless you have been specifically permitted to do so or have a separate agreement with us in writing, you agree that you will not use any trademark, service mark, trade name, logo of any Company or Organization or Institute in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

14. Linking to the Web Site

You may provide links only to the Bargaining.com homepage, provided:

a) You do not remove or obscure, by framing or otherwise, any portion of the homepage;

b) You give Provider notice of such link by sending an Email to Bargaining and you discontinue providing links to this Web Site if requested by Provider.

15. Governing Laws

a) The Terms of User Agreement and the relationship between you and us shall be governed by the laws of India. The Courts of law at Ludhiana, Punjab, India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issue arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision.

b) If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of the User Agreement remain in full force and effect.

c) Users agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

d) The section titles in the User Agreement are for convenience only and have no legal or contractual effect.

16. Third Party Legal Actions

It is Bargaining policy to respond with reasonable promptness to subpoenas and other legal process served on us that seek information, documents or other business records. Third parties wishing to serve such process may do so in writing to the following address:

Guava Softs Pvt Ltd

2nd Floor, Sohan Palace,

Ludhiana, Punjab,

India

Bargaining will evaluate each such request based upon the applicable law and facts.

17. Electronic Communications

When you visit the Bargaining.com, register or send online messages to us, you are communicating with us electronically. You consent to receive communications from Bargaining electronically. We will communicate with you by email or by posting notices on the Bargaining Site. You agree that all agreements, notices, disclosures and other communications that Bargaining provide to you electronically satisfy any legal requirement that such communications be in writing.

18. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, or access to the Service or it's content.

19. Entire Agreement

These User Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The Agreement shall be governed by the Laws of India.

20. Grievance Officer

Bargaining shall address any grievances of users, whether registered or not, with respect to website content or any other aspects connected therewith, in a time bound manner. For this purpose, Bargaining has designated the following person as Grievance Officer:

Mr. Anshul Goyal
Address: Mall Road, Ludhiana, Punjab
Phone: 0161-4199999

The appointed officer shall acknowledge the complainant within 36 hours electronically and resolve the matter within 30 days in terms of the Information Technology Law if it is received through a government agency or based upon court order (in accordance with ruling by Hon'ble Supreme Court in the matter of Shreya Singhal V Union of India in March 2015).

In other cases, Bargaining would look into the matter and try to resolve as far as possible.

21. Confidentiality

The users agree to hold Bargaining's Proprietary or Confidential Information in strict confidence. Proprietary or Confidential Information shall also include any information which:

(i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party;

(ii) was previously known to the receiving party or rightly received by the receiving party from a third party;

(iii) is independently developed by the receiving party; or it is subject to disclosure under court order or other lawful process.

The users agree not to make each other Proprietary or Confidential Information available in any form to any third party or to use each other's Proprietary or Confidential Information for any purpose other than as specified in this User Agreement. Notwithstanding termination or expiration of this Agreement, users acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period three (3) years from the termination.

D. DISCLAIMER

22. Risk Factors

a) Bargaining assumes no responsibility or liability from any loss incurred by the use of any services rendered through it. Users using the services are solely responsible for their actions. As we do not warrant the accuracy, completeness, or usefulness of any information presented therein. User expressly agrees that use of the service is at user's sole risk.

b) Bargaining shall be not responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay in operation or transmission, communications line failure, interruption or malfunction (including but not limited to any kind of technical aspects), deletion, defect of any information, reports, service stops functioning due to technical problems, certain features not functioning at any point in the web site or any part thereof.

Further, you agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at user's own discretion and risk and that user will be solely responsible for any damage to user's computer system or loss of data that results from the download of such material and/or data.

c) Bargaining is not liable for any result that may arise from your contact, communication in any form, coordination, relation or transaction; either with members or the Institution, advertisers, other websites or any resources that may be hyperlinked or any third party, and you are liable for any contract/term that may or shall be established by you, with these third parties, registered users, advertisers, other websites or resources that may be hyperlinked in the web site or any part thereof.

d) Bargaining has no control over other website or resources which are provided by users or other persons and is not liable for any loss or damage which may be incurred by you or by your use of service to any third party as a result of the availability of any information contained on site or external sites or resources or any advertisement or hyperlinks, etc. in the web site or any part thereof.

23. Disclaimer of warranties

The service is provided on an "as is" and "as available" basis. Bargaining 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 and non-infringement. Further,

we make no warranty on any results obtained by the use of the service.

we make no warranty on accuracy or reliability of any information obtained by the use of service.

we make no warranty that the service will meet your requirements.

we make no warranty on any technical defects in the website will be corrected.

we make no warranty that the service will be persistent, timely, secure, error free.

we are neither responsible nor liable for any result that arises due to the use of service by any user or content posted or transmitted through the site by any user.

we do not assume any responsibility or liability for any illegal communication or Content posted or transmitted on the Site by any User, or any third party.

All liability, whether civil or criminal arising out of any Content that is Stored or transmitted through Bargaining (including but not limited to messages / communication of electronic or any other means) will be of that User who has Posted such Content or communicated / transmitted such content or information. We reserve the right to claim damages from such Users, which we may suffer as a result of such storage or transmission.

If you are in Do Not Disturb (DND) subscriber list with any telecom operator / authority / organization you need to intimate us. Further, you agree that you have no objection in receiving any messages by any means. On registration, company reserves the right to validate the registration information provided by either party over the telephone. Also Bargaining shall send transactional and some business related messages on users contact number.

24. Limitation of Liability

You expressly understand and agree that Bargaining, its subsidiaries and affiliates, shall not be liable to you or any third person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from, arising out of or any way related to:

  • 1. the use or the inability to use the service;
  • 2. any data, information, or services availed or messages received or transactions entered into through or from the service;
  • 3. Unauthorized access to or alteration of your transmissions or data;
  • 4. Statements or conduct of any third party on the service;
  • 5. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
  • 6. Any other matter relating to the service;

25. Indemnity

You agree to indemnify and hold Bargaining and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable lawyer's fees, made by any third party due to or arising out of your breach of the User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

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