Terms of service

Welcome to the ‘Shopping for Diwali Gifts’ service provided by Bala Infosolutions Private Limited (referred to as ‘BIPL’ or ‘Company‘ for the rest of the page) through its e-commerce website www.OnlineDiwali.com (referred to as ‘OnlineDiwali’ or ‘Site‘ for the rest of the page). The terms and conditions contained herein along with the Privacy Policy and Disclaimer form an Agreement regulating our relationship with regarding your use of OnlineDiwali. You are advised to read this Agreement carefully. If you do not agree with any terms and conditions, you should not use this service. You can use OnlineDiwali if you agree with all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be a legally binding agreement between you and BIPL.

Applicable Law

OnlineDiwali is created and controlled by BIPL in New Delhi India; as such the laws of India shall apply; courts in New Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers.

BIPL reserves the right to make any changes to the Site and the terms, conditions and disclaimers without notifying public at large. We always make our best efforts to notify such changes to our registered users, but this is not guaranteed. You are advised to read the terms and conditions by visiting this page often and before making and transaction with OnlineDiwali.

Definitions:

  1. Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy and Disclaimers, and will include the references to this Agreement as amended, novated, supplemented, varied or replaced from time to time.”
  2. OnlineDiwali” or “Site” means the online shopping store (www.OnlineDiwali.com) owned and operated by BIPL.
  3. BIPL” or “Company” refers to the company which owns this online shopping service service mentioned above as OnlineDiwali.
  4. Service/ Services” shall mean the Online Shopping service for Diwali Gifts and the Diwali Festival related educational material provided by OnlineDiwali
  5. Vendor /Seller/ Supplier/ Retailer” shall mean the person or any legal entity who offers to sell, sells the products on OnlineDiwali or from whom OnlineDiwali sources its products which are offered to be sold on OnlineDiwali.
  6. Manufacturer” shall mean the manufacturer who is manufacturing the products sold on OnlineDiwali.
  7. Customer” / “Buyer” shall mean the person or any legal entity who accepts the offer to sell on OnlineDiwali by placing an order for and or purchases any products offered for sale on OnlineDiwali.
  8. User”/ “You” means and includes you and/or any person or an entity including Vendor/Seller and Customer/ Buyer using or accessing the services provided on OnlineDiwali.

Eligibility:

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations. If at any point of time BIPL may come to know that a user is below the age of 13 years then BIPL reserves its right to delete the said user’s account and deny any services offered to the User, after observing due diligence.

Terms of Agreement/ Service:

This Agreement shall continue to be in full force and effect for so long as you are using OnlineDiwali services. OnlineDiwali provides the online shopping platform wherein the Users can purchase/buy the products listed on OnlineDiwali (the “Services”) pursuant to the terms and conditions set forth below. By clicking on the [Close] button, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable laws and regulations. Company may terminate the Service provided at any time, with or without cause. However, Company reserves the right, in its sole discretion, to terminate your access to OnlineDiwali services and the related services or any portion thereof at any time, without notice. The provisions of Sections 13,14,15,16 and 18 shall survive any such termination.

Modification of Terms and conditions of Service:

BIPL may at any time modify the terms and conditions (“Terms”) of the Service without any prior notification to you. You can access the latest version of the Terms of Service at any given time by visiting OnlineDiwali on this page or by following this link – http://onlinediwali.com/terms-service. You should regularly review the Terms of Service. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms of Service.

Registration Data:

To avail of and use the Services you will have to register with OnlineDiwali. As a part of registration process you agree to provide OnlineDiwali current, complete, and accurate registration information (the “Registration Data”) as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.

If you provide any information that is untrue, inaccurate not current or incomplete or BIPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to OnlineDiwali.

You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of BIPL or OnlineDiwali.

You agree and understand that OnlineDiwali service can be advertising supported and you agree and grant BIPL the right to use your individual Registration Data to provide targeting of advertisements and other Service offers. Please refer to our Privacy Policy to understand how we may use this information.

You shall promptly notify [email protected] of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

Also in the case of loss, theft, or unauthorized disclosure of your password, you should promptly change it by editing your profile by visiting Your Profile.

Electronic Communication:

Users consents to receive communications from BIPL and OnlineDiwali electronically. Company will communicate with Users by email or by posting notices on OnlineDiwali.

Online Shopping Platform:

You agree, understand and acknowledge that OnlineDiwali is an online shopping platform, a venue enabling the users to buy any product listed on OnlineDiwali at the price indicated on the terms and conditions indicated therein at any time from any place. You further agree and acknowledge that OnlineDiwali cannot be a party to or control in any manner any transactions between the Vendor/Seller and the Customer/Buyer. OnlineDiwali shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users.

OnlineDiwali shall neither be liable nor responsible for any actions or inactions of Vendors and/or Sellers or any breach of conditions, representations or warranties by the Vendor or manufacturer of the products.

OnlineDiwali does not ensure that the Users shall perform their obligations in respect of the transaction concluded on this Site and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on OnlineDiwali.

You further agree and undertake 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.

The Site is a channel of communication whereby the Users can reach a larger base to buy items or services from a multitude of Manufactures. OnlineDiwali is only providing a platform for shopping. At no time shall any right, title or interest over the items vest with OnlineDiwali nor shall OnlineDiwali have any obligations or liabilities or responsibility in respect of the quality of products/ gifts sold on OnlineDiwali. OnlineDIwali or BIPL does not manufacture any product/ gift. We source the products from our suppliers/ retailers/ vendors.

Please look further at our Disclaimer to understand the quality of our products on OnlineDiwali and how we control it.

OnlineDiwali is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts.

OnlineDiwali accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

OnlineDiwali is not responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users.

All orders shall be pre-approved with an acceptable method of payment as established by OnlineDiwali which may call for and require additional verification or information.

The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.

After the receipt of payment from the Buyer, OnlineDiwali shall arrange for the delivery of the product to the buyer by either procuring from the manufacturer/ supplier or servicing from its own inventory of products at the shipping address provided by the Buyer.

Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.

Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

Payment details:

Payment Instrument is any medium used to make payment for the Services offered on OnlineDiwali. They may include domestic/ international Credit/ Debit Cards, Bank Information, Paypal details and any other payment debiting instrument.

  1. You agree, understand and confirm that the payment instrument details provided by you for availing of services on OnlineDiwali will be correct and accurate and you shall not use the payment instrument which is not lawfully owned by you.
  2. You further agree and undertake to provide the correct and valid payment instrument details to OnlineDiwali.
  3. Further the said information will be not be utilized and shared by OnlineDiwali with any of the third parties unless required by law, regulation or court order.

Confirmation:

You understand, declare and agree that:

  1. OnlineDiwali shall not and is not required to mediate or resolve any dispute or disagreement between you and the Manufacturer/ Seller.
  2. You release and indemnify OnlineDiwali, BIPL and/or any of its directors, staff, officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, OnlineDiwali cannot control the information provided by other Users which is made available on the Site
  3. Though OnlineDiwali shall make every effort to deliver a quality product to the Buyer, we cannot control the quality of the product finally reached to the Buyer. If the product is found to be of lesser quality than perceived at the time of sale, we shall only be responsible for the return/ replace the product of similar value to the Buyer. If the Buyer also paid for the shipping cost, we shall also additionally be responsible for refund of the actual shipping cost only to the Buyer. The Company or Site shall not be responsible or liable for any other damage caused to the Buyer or any other third party as a result of using the said product/ Service.

Suspension due to non-compliance with Agreement:

Notwithstanding other legal remedies that may be available to OnlineDiwali, OnlineDiwali may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site:

  1. If the User is in breach of any of the terms and conditions of this Agreement and/or the Terms and conditions of usage of OnlineDiwali;
  2. If the User has provided wrong, inaccurate, incomplete or incorrect information;
  3. If your actions may cause any harm, damage or loss to the other Users or OnlineDiwali.

Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to OnlineDiwali will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Indemnity:

User agrees to defend, indemnify and hold harmless OnlineDiwali, BIPL, 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 the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User’s infringement 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 Agreement.

Limitation of Liability

BIPL HAS MADE THIS SERVICE AVAILABLE TO USE AS A MATTER OF CONVENIENCE TO ITS USERS/ CUSTOMERS. BIPL EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH OR A PICTURE OR ALTERING OR DISTORTING THE IMAGES AVAILABLE UNDER THIS SERVICE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. USER AGREES AND ACKNOWLEDGES THAT USER SHALL BE SOLELY RESPONSIBLE FOR USER’S CONDUCT AND THAT COMPANY RESERVES THE RIGHT TO TERMINATE USER’S RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE INDIAN CYBER LAWS OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY AUTHORIZED IN THIS REGARD FROM TIME TO TIME.

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF BIPL SITES/SERVICES FOR INTERRUPTED COMMUNICATIONS, DELAY, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USE BIPL SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH BIPL SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF BIPL SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUBSIDIARIES/ SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. COMPANY DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS ON ITS WEBPAGES.

THE CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

Privacy Policy

Use of this Site is subject to our Privacy Policy. OnlineDiwali respects your privacy. OnlineDiwali will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others.

We reserve the right to change or update these policies at any time upon reasonable notice, effective immediately upon posting to this Site.

To understand more about our Privacy Policy, please click here.

Disclaimer

The information about the products published on OnlineDiwali are provided by Company on the basis of the information received from the product manufacturers/ retailers/ suppliers and vendors and also from our best judgement. Also, it is on an “as is where is” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the information, content, materials or products, included on this Site. To the full extent permissible by applicable law, Company disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company will not be liable for any damages of any kind arising from the use of this Site or any of the products offered, including but not limited to direct, indirect, incidental, punitive and consequential damages.

COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESS OR IMPLIED ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, CONTINUITY, PERFORMANCE, PRESENCE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN BIPL SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SERVICE, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

USER SPECIFICALLY AGREES THAT COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A BIPL Site/SERVICE. USERS SPECIFICALLY AGREE THAT BIPL IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS,

INCLUDING INTELLECTUAL PROPERTY RIGHTS. USERS SPECIFICALLY AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A BIPL Site/SERVICE BY ANY THIRD PARTY.

ADVICE RECEIVED VIA BIPL SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

FOR MORE INFORMATION ON OUR DISCLAIMERS, PLEASE CLICK HERE.

Entire Agreement

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 the User and Company with respect to BIPL sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BIPL with respect to BIPL sites/services. Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Governing Law and Jurisdiction

This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New Delhi, India, in all disputes arising out of or relating to the use of BIPL sites/services. Use of BIPL sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Company, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on BIPL sites/services.

Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of BIPL sites/services or information provided to or gathered by Company with respect to such use.

Trademarks

OnlineDiwali, BIPL and any other expression that contains the word “BIPL“, “Bala Infosolutions”, “OnlineDiwali”, “OnlineDiwali.com“, “”BalaInfosolutions.com are the worldwide trademarks of the Company.

These trademarks may not be used in connection with any product or service that is not that of Bala Infosolutions Private Limited.

You agree and undertake that you shall not host, post, upload, display, modify, publish, transmit, update or share any information content/material that:

  1. belongs to another person and to which you don’t have any right to; copyrighted content owned by a third party unless you have the express consent, permission, license, authority of the rightful owner;
  2. violates/ infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party.
  3. is grossly harmful, blasphemous, pedophilic, false, misleading, unlawful or with the intent to defraud, harass, abuse, intimidate, accuse, impersonate or harm the feelings of anyone; illegal, obscene, pornographic, vulgar, provocative, defamatory, indecent, libelous, hateful, or racially, ethnically objectionable, disparaging, threatening, impersonating another person, enticing/harming of minors in any way, infringing of intellectual property rights, proprietary rights of any third party, invasive of privacy or public rights or any other third party rights or otherwise injurious or objectionable, elicit response relating to illegal activity, contain viruses is an expression of bigotry or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality; relating or encouraging money laundering or gambling or otherwise unlawful in any manner
  4. promotes or provides any instructional information about illegal activities;
  5. Upload or post any content/material that contain software viruses or any other computer codes, files or programs that would interrupt, destroy or limit the functionality of this Site/Service or any software, network, servers, hardware or any other related equipment, any computer resource.
  6. violates any applicable laws or regulations for the time being in force.
  7. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
  8. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

In case of any grievance, please contact OnlineDiwali support using this link – Contact Us. If you are the rightful owner of the content or an affected person and have the reason to believe that any content that has been uploaded/contributed through this Service contravenes your rights in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules, 2011 (Rules), then you may intimate the same to Company in the following manner:

  1. Sending a request in writing or through email signed with electronic signature identifying the content alleged to be in infringement of your rights as the rightful owner or affecting you prejudicially;
  2. Providing exact identification and description of the content by giving its URL that is to be disabled, which in your view contravenes Rule 3(2) of aforesaid Rules.
  3. Giving a declaration cum undertaking along with necessary documents establishing you (i) as the rightful owner of the content to be disabled, or (ii) as an affected person, and stating that the information submitted is true, complete & accurate and no material fact has been hidden. Further, stating that Company and its Management, Directors, employees, including Grievance Officer shall not be liable for any loss or damage or claim for relying upon the said request.
  4. Contact information including address, telephone number, email address, etc. where you can be contacted if required.
    You can send your request to the Company at:

    Directors,
    Bala Infosolutions Private Limited
    F-32, Block S-7/2
    Greater Noida Shopping Plaza, Site 4
    Greater Noida,
    Uttar Pradesh 201308
    India
    Email: [email protected]

  5. The grievance(s) shall be redressed in accordance with the said Rules and in good faith by the Company’s officials.