|Terms & Conditions|
PLEASE READ THESE USER TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
The following constitute the terms of Terms and Conditions ("Terms and Conditions") between you ("you", "your", "purchaser") and Value Barter Pvt Ltd (referred to as the "Company," "we," or "us") with respect to your use of this web site at www.gaindaily.com ("Site"). The Company operates this Site as an online store whereby offering quality merchandise and services at discount offerings (the "Gain Daily Service"). The Site contains, among other things, text, surveys, audio-visual works, communications, content, information, communications, postings, editorial, samples, materials, products, services, logos, graphics, sounds, images, data, services, and the underlying intellectual property rights thereto (collectively the "Content").
By accessing, using or downloading any Content from this Site or otherwise using the Gain Daily Service, you acknowledge your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access this Site, use or download Content from this Site or otherwise use the Gain Daily Service. We reserve the right to update or modify these Terms and Conditions at any time, and without prior notice to you. Your use of the Site following such modification or update constitutes your acceptance to be bound by these Terms and Conditions as changed or modified. We encourage you to read through and review these Terms and Conditions each time you access the Site.
If You Do Not Agree With Any Part Of These Terms And Conditions, You Must Not Use This Site.
All products/services and information displayed on www.gaindaily.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below www.gaindaily.com reserves the right to accept or reject your offer if you have supplied us with your email address, we will notify you by email or phone as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered No act or omission of www.gaindaily.com prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer.
b. You are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or Password. Gain Daily.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
c. You also agree to:
a. Provide true accurate current and complete information about yourself as prompted by GainDaily.com registration from (such information being the "Registration Data")
b. Maintain and promptly updated the Registration Data to keep it true accurate current and complete.
a. While www.gaindaily.com strives to provide accurate product and pricing information pricing or typographical errors may occur at www.GainDaily.com cannot confirm the price of a product until after you order.
b. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, www. gaindaily.com shall have the right at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.
Cancellation by Gaindaily.Com
The customer agrees not to dispute the decision made by GainDaily.com and accept GainDaily.com’s decision regarding the cancellation as per details mentioned below:
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right at our sole discretion to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged the said amount will be reversed back in your in your Card Account.
Cancellation By You
Cancellation within 24 hours of purchase:
You can cancel the order within 24 hours of your purchase by visiting your "My Account" section and cancelling a COD/ pending order or writing to us at service@ GainDaily.com for your prepaid order. The cancellation will be effective within 24 hours and you will get a confirmation email and the bonus used if any will be reverted to your account automatically.
Cancellation after 24 Hours is over:
We need you to understand that on the basis of your consent written/ verbal we place the order with the brand, thus cancelling the order by you after 24 hours is over is a double loss of revenue for us. In such a case we need a written email from you stating the order number and the reason for cancellation. After receiving that email GainDaily.com will take a decision.
Cancellation in COD Cases:
We appreciate if you inform us in advance in case you do not wish to accept the COD order, so that we do not dispatch the order and save on the courier cost and the effort. Cash on Delivery: Rights of COD (Cash on Delivery) Reserved.
Cash on Delivery:
Rights of COD (Cash on Delivery) Reserved.
Credit Card Details
a. You agree, understand and confirm that the credit card details provided by you for availing of services on www. GainDaily.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you i.e. in a credit card transaction you must use your own credit card. This information will not be used by us with any of the third parties unless required by legal regulations. GainDaily.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you.
FRAUDULENT /DECLINED TRANSACTIONS
a. www. GainDaily.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
b. www. GainDaily.com reserves the right to recover the cost of goods collection charges and lawyers fees from persons using the Site fraudulently
a. When you visit the Site or send emails to us, you are communicating with us electronically.
b. You consent to receive communications from us electronically.
c. We will communicate with you by email, SMS's or by posting notices on the Site.
d. You agree that all agreements notices disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing
You Agree & Confirm
a. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by GainDaily.com for redelivery shall be claimed from you.
b. That you will use the services provided by GainDaily.com its affiliates, consultants and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
c. You will provide authentic and true information in all instances where such information is requested of you www. GainDaily.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to reject the registration and debar you from using the Services of www.GainDaily.com and / or other affiliated websites without prior intimation whatsoever.
d. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
e. That the address at which delivery of the product ordered by you is be made will be correct and proper in all respects.
f. That before placing an order you will check the product description. By placing an order for a product, you agree to be bound by the conditions of sale included in the item's description.
www.GainDaily.com reserves the right to send across news letter to you apart from your other subscriptions and also ads in your mailbox.
You acknowledge consent and agree that www.GainDaily.com may access preserve and disclose your account information and content if required by law or to enforce terms of this service, respond to any customer service.
Modifiction Of Terms And Conditions Of Service
www.GainDaily.com may at any time modify the User Agreement without any prior notification to you Subsequent to any modification of the User Agreement we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on GainDaily.com
Reviews, Feedback, Submissions
All reviews, comments feedback postcards suggestion ideas and other submissions disclosed submitted or offered to GainDaily.com or by this Site or otherwise disclosed submitted or offered in connection with your use of this Site (Collectively the "Comments") shall be and remain GainDaily.com property.
GainDaily.com owns exclusively all such rights, titles and interest and shall not be limited in any way in its use commercial or otherwise of any Comments GainDaily.com will be entitled to use reproduce disclose modify adapt create create derivative works from publish display and distribute any Comments you submit for any purpose whatsoever without retraction and without compensating you in any way GainDaily.com is and shall be under no obligation.
a. To maintain any Comments in confidence
b. To pay you any compensation for any Comments or
c. To respond to any Comments
You agree that any Comment submitted by you to the Site will not violate this policy or any right of any third party including copyright trademark privacy or there personal or propriety right(s), and will not cause injury to any person or entity.
You further agree that no Comments submitted by you to the site will be or will contain libelous or otherwise unlawful threatening abusive or obscene material or contain software viruses political campaigning commercial solicitation chain letters mass mailings or any form of "spam".
GainDaily.com does not regularly review posted Comment but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant GainDaily.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address impersonate any person or entity. Or otherwise mislead as to the origin of any Comments you submit you are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify GainDaily.com and its affiliates for all claims resulting from any Comments you submit GainDaily.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark
GainDaily.com and its suppliers and licensors expressly reserve all intellectual property right in all text programs, products processes technology content and other materials which appear on this Site Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of GainDaily.com or any third party's intellectual property rights. All rights including copyright in this website are owned by or licensed to GainDaily.com Any use of this website or its contents including copying or storing it or them in whole or part other than for your own personal non-commercial use is prohibited without the permission of GainDaily.com You may not modify, distribute or re-post anything on this website for any purpose.
The GainDaily.com names and logos and all related product and service names design marks and slogans are the trademarks or service marks of the Value Barter Pvt. Ltd All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials constrained on this Site Access to this Site does not authorize anyone to use any name logo or mark in any manner.
All materials including images text illustration designs, icon, photographs programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively the "Contents") are intended solely for personal non-commercial use.
You may download or copy the Contents any other downloadable materials displayed on the Site for your personal use only.
No right title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying
You may not reproduce (except as noted above) publish, transmit, distribute display, modify, create derivative works from sell or participate in any sale of or exploit in any way, in whole or in part any of the Contents, of the Site or any related software.
All software used on this Site is the property of GainDaily.com or its suppliers and protected by Indian and international copyright laws.
The Contents and software on this Site may be used only as a shopping resource any other use including the reproduction modification distribution, transmission, republication, display, or performance of the Contents on this Site is strictly prohibited Unless otherwise noted all Contents are copyrights trademarks trade dress and/or other intellectual property owned, controlled or licensed by GainDaily.com one of its affiliates or by suppliers who have licensed their materials to GainDaily.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Contents on this Site is the exclusive property of GainDaily.com and is protected by Indian and international laws.
You agree to defend indemnify and hold harmless GainDaily.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions which may result in any loss of liability to GainDaily.com or any supplier including but not limited to breach of any warranties, representations or undertakings or in relation to limited to fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or GainDaily.com.
You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site GainDaily.com may terminate this User Agreement at any time and may do so immediately without notice and accordingly deny you access to the Site, such termination will be without any liability to GainDaily.com
Upon any termination of the User Agreement by either you of GainDaily.com you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Use Agreement or otherwise Gain Daily.com's right to any Comments shall survive any termination of this User Agreement (The highlighted statement can be deleted subject to your requirements).
Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the user Agreement.
You agree that GainDaily.com may, under certain circumstances and without prior notice, immediately terminate your GainDaily.com account, any associated email address, and access to the Service; Cause for such termination shall include, but not be limited to,
a. Breaches or violations of the Terms of Service or other incorporated agreements or guidelines.
b. Request by law enforcement or other government agencies.
c. A request by (self-initiated account deletions)
d. Discontinuance or material modification to the Service (or any part thereof)
e. Unexpected technical or security issues or problems, and
f. Extended periods of inactivity. Termination of your account includes.
a. Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof) and
b. Barring further use of the Service.
Further, you agree that all terminations for cause shall be made in GainDaily.com sole discretion and that GainDaily.com shall not be liable to you or any third party for any termination of your account any associated email address or access to the Service.
Limitation Of Liability And Disclaimers
You use of the service is at your sole risk. The service is provide on an "as is" and "as available" basis GainDaily.com 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. You must bear the risks associated with the use of the Site.
The Site provides content from other internet sites or resources and while GainDaily.com tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case GainDaily.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.
This disclaimer does not apply to any product warranty offered by the supplier/manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential party of this Use Agreement.
To the fullest extent permitted under applicable law GainDaily.com or its suppliers shall not be liable for any indirect incidental social, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill use, date or other intangible losses arising out of or in connection with the Site its serviced or this User Agreement.
Without prejudice to the generality of the section above the total liability of GainDaily.com to you for all liabilities arising out of this User Agreement in tort or contract is limited to the value of the product ordered by you.
GainDaily.com, its associated and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software text, graphics links or communications provide on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, GainDaily.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site, and/or any interruption or errors in the operation of the Site.
No advice or information, whether oral or written, obtained by you from GainDaily.com or through or from the service shall create any warranty not expressly stated in the term of service.
Modifications To Service
GainDaily.com reserves the right at any time and from to time modify or discontinue, temporarily or permanently, the service (or any part thereof without notice. You agree that GainDaily.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein this agreement constitutes the entire agreement between you and GainDaily.com with respect to the GainDaily.com sites/services and it supersedes all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and GainDaily.com with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Bonus/Credit Note/Gift Voucher Usage Policy
a. Bonus/Purchase Credit/Bonus point is issued at the sole discretion of GainDaily.com.
b. The company retains the right to revoke, modify and/or alter them as it may deem fit.
c. Only one bonus/credit note/gift voucher can be used against one particular order.
d. The company will issue bonus points from time to time under various promotions. Members who are eligible for these bonuses will be intimated about the same via email, text alert and/or on site messaging.
e. All bonus points will expire after a set duration and can be used as per the usage defined. This information would be communicated to members and will be visible under their "My Credit" section.
f. Bonus point can be redeemed against purchase(s) on site excluding shipping and COD charges.
g. Any remainder bonus after usage will be returned back to the account.
h. Action(s) intended to fraudulently gain bonus points under any promotional scheme or otherwise will result in cancellation of bonus points and/or termination of account.
i. Any issue(s) arising with redemption of bonus points will be dealt on a case to case basis. The final decision rests with the company.
j. Credit note will be issued against order cancellation done as per the existing terms and conditions.
k. Credit note can redeemed against purchase(s) on site in full. Any unused amount will be returned back to the account.
l. This policy is subject to change from time to time without prior notices.
We store and process your information on computers located in India that are protected by physical as well as technological security devices.
Governing Law & Jurisdiction
The Use Agreement shall be construed in accordance with the applicable laws of India.
The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise of any terms of this User Agreement between the parties here to same shall be referred to an independent arbitrator who will be appointed by the company Value Barter Pvt ltd. and his decision shall be final and binding on the parties hereto.
The above arbitration shall be in accordance with the Arbitration and Conciliation Act. 1996 as amended from time to time. The arbitration shall be held in Delhi. The High court of judicature at Delhi alone shall have the jurisdiction and the Laws of Indian shall apply.