Please read the following terms and conditions very carefully as your use of services/products on our website www.stashdeal.com (“our Website”) which is subject to your acceptance of and compliance with the following terms and conditions.
ARTICLE 1 -PREFACE AND INTRODUCTION
1.1 Stashdeal is an interactive online platform which promotes, advertise and offer third party Merchants/Vendors products/services at discounted rates as pre-agreed between Stashdeal and Merchants (“the Service”). The Website Services are offered to the Users through different modes including issue of vouchers and coupons which can be redeemed at Merchant outlets on various products and services. Stashdeal may also lists deals from other shopping websites on the internet. It is neither an online merchant nor does it source its own products and services. We make available products and services of different brands, merchants and dealers on a single platform to augment convenience of our Users.
1.2 Nothing contained herein shall be deemed to construe as shopping advice or inducement to shop a particular brand or use a particular shopping platform. Your purchase or order booking is at your sole discretion and decision shall be subject to terms and conditions of such brands, merchants and dealers. Stashdeal would not be responsible, in any manner whatsoever, for any products /services ordered from our affiliated or non-affiliated merchants. We suggest that you exercise utmost care and caution and carefully read the fine print associated with each such offer. All deals, coupons and promotions on our Website are subject to change without notice. Stashdeal does not guarantee or endorse the accuracy of links, coupon codes, or any deals on this Website or any products and services or their usability, merchantability and suitability for your need and requirements. You agree to comply with all the rules and regulations that are applicable to your use of the Website, including, without limitation, those governing the transmission or use of any data, information or software.
ARTICLE 2 - RIGHTS AND ACCESS TO STASHDEAL
2.1 Subject to your compliance with the terms under this Agreement, Stashdeal grants you a limited, non-exclusive right to use the Services, including any content available to you via the Services, only as permitted herein. The Stashdeal Web Pages are purely for your personal, non-commercial use only.
2.2 Access to Stashdeal through your computer/laptop as well as Stashdeal applications and the software designed to support your tablet or other similar devices has been provided to give you ready and convenient access to Stashdeal products and services by way of updates, notifications, news, etc. and to keep you abreast of the latest deals, discounts and trends, as it may not be possible for you to have continued access to Stashdeal through your computer device. All rights, privileges, property and Intellectual Property contained in the software designed for such downloadable applications shall at all times remain the sole and exclusive property of Stashdeal. You will not be authorized to copy, reproduce or license the rights contained therein or create similar software by unauthorized use of the source code/object code contained in the software or run a similar program to support other applications on your/third party’s mobile/cell phone/tablet or other communication device. Stashdeal in this regard disclaims any liability, damage, loss or harm which You may suffer, directly or indirectly, by virtue of: Harm Caused To Your Mobile Or Other Communication Device By Download Of Any Contaminated/Destructive Viral Elements Or Any Content Accompanied By Such Download; Or Purchase of Products/Services From The Mobile Application Downloaded; Claims Made On Stashdeal for refund of charges paid In relation to such Applications.
ARTICLE 3 - ACCOUNT, PASSWORD AND SECURITY
3.1 The Services and Stashdeal Web Pages are not intended for users under the age of 18. Users under the age of 18 are expressly prohibited from creating a Stashdeal Account with Stashdeal. By creating a Stashdeal Account or using the Services, you represent and warrant that you are at least 18 years old, are of adequate legal competence and/or capacity to enter into and abide by these Terms with Stashdeal, are not creating a Stashdeal Account in order to compete with Stashdeal, and are not otherwise prohibited from using or receiving the Services in accordance with these Terms.
3.2 In order to take advantage of certain features of the Services (including, without limitation, it may involve the posting of reviews of businesses and the receipt of newsletters and special offers from Stashdeal), you may be required to create an account with Stashdeal (a "Stashdeal Account" or “Account”). You will receive a password and account designation upon completing your registration process on our Website. You would be responsible for maintaining the confidentiality of the password assigned to you and your account details and for all activities that are undertaken through your account. Accordingly, you understand and agree that you will be liable for any activity performed by any people using your Stashdeal Account. You agree to (a) immediately notify Stashdeal of any unauthorized use of your password or account or any other breach of security, and (b) logout from your account at the end of each session. Stashdeal shall not be liable for any loss or damage arising from your failure to maintain your account and/or password. You shall not have more than one active Account on our Website. Additionally, you are prohibited from selling, trading, or transferring your Account to another party or otherwise dealing in your account in an inappropriate, indecent or illegal manner.
ARTICLE 4 - PRODUCTS AND SERVICES OFFERED
4.3 You represent and warrant that your usage of the Services will only be for lawful purposes and will be done in accordance with these Terms, any applicable Service-Specific Rules, and all applicable laws generally. You also represent and warrant that you will not use any of the Stashdeal Web Pages or Services to violate any law, regulation or ordinance or any right of Stashdeal or any third party, including, without limitation, any right of privacy, publicity, copyright, patent or trademark or other intellectual property right.
4.4 All the products and services are governed by the terms of warranties provided by the respective brand/Merchant/Vendor. However, in case any product is covered under seller warranty, it shall be specifically mentioned under the product details. The price of products offered on the Website is either equal to or lesser than the Maximum Retail Price ("MRP") i.e., the discounted rate prescribed for those products/services. The MRP and other statutory declarations shall be mentioned on the products and/or on its packaging in accordance with applicable laws. Stashdeal shall not assume any liability for the non-availability of the product/service, delivery of the product and the installation of the product where required or any action or inaction that might be taken by the Vendor after issue of the Voucher to the User.
ARTICLE 5 - PRICING
5.1 Our Website offers services, products and deals at best discounted prices which are quoted by the respective brands/merchants/traders. Stashdeal does not directly service products or sell the same on our Website. Thus discounts/sale/ coupons may only apply to those brands/deals who offer their products/brands/deals on sale or discounted prices.
5.2 You are advised to undertake your own research as regards the best price for the products or deals available. Although Stashdeal updates its Website on a regular basis, we may be unaware of a particular deal which may have been withdrawn by the merchant. It may happen that the same product, of a brand may be differently priced on our Website. It is hereby clarified that Stashdeal has in place a robust mechanism to stay abreast of the latest deals, prices, discounts and trends. However, we shall not in any manner be liable for any claims, damages, losses or liabilities which may arise as a result of your purchasing a product for a higher price than that available elsewhere or booking a deal which may have been withdrawn by the merchant. Your payments and refund policies shall be subject to the terms and conditions of the website they are purchased from. You are advised to undertake reasonable efforts in acquainting yourself with such terms and conditions before purchasing any product deal.
ARTICLE 6 - USAGE OF DISCOUNT COUPONS / VOUCHERS
6.1 Stashdeal offers discount coupons of various brands and one-stop-shop websites which can be redeemed at the time of making a purchase at outlet physically or on that particular website. Such brands/one-stop-shops are authorised “Associate Partners” and/or Merchants of Stashdeal. Any brand/merchant on their respective website may falsely claim to be the Associate Partner of Stashdeal. Coupons bought from our website will not be redeemable on such bogus websites or at such outlets. You are requested to immediately write to us in the event to come across any such bogus website. Stashdeal disclaims any claim, loss, damage or liability which may arise or be caused by using such coupons.
6.2 In furtherance of the Services provided and the eligibility criteria stated hereunder or any additional Terms, You shall be eligible to purchase coupons of a specific monetary value. Stashdeal will facilitate the provision of the best, pre-negotiated deals for a particular product/service at a given price for a given place. Purchase of such Coupon will be subject to the Terms of sale and/or such other terms, if any, as specified by the Vendor/Merchant directly. Each Voucher will have the necessary redemption instructions printed on it. The Vouchers may contain an offer period, or expiry date mentioned on it, you shall use it accordingly. Unless otherwise stated, You will not be entitled to receive any credit or cash-back for the value of the Voucher You don't redeem or use within the stipulated time period as mentioned in the Voucher, if any. You agree that the Voucher issued is specific to the product or service selected and cannot be used for the purchase of any other product or service as offered by the Website and cannot be used for the purchase of any other product or service and cannot be combined with other special offers or promotions that may be made available on the Website.
6.3 On making initial and partial on-line payment for the Voucher to Stashdeal, You will be issued a Voucher which must be presented to the venue/ store of the Merchant/Vendor, pursuant to which You can complete Your purchase of the relevant product or avail of the relevant service from such Vendor. The displayed price stated on the Voucher shall be inclusive of applicable taxes unless mentioned otherwise. Vouchers once sold are non-refundable, whether You use it or not. Only one Voucher is allowed per transaction. You agree that neither Stashdeal nor the Merchants/Vendors shall be liable in the event You lose, misplace or destroy Your Voucher at any time.
ARTICLE 7 - SYSTEM ERRORS
7.1 As a result of high internet traffic, transmission problems, system capacity limitations, and other problems, you may, at times, experience difficulty accessing the Stashdeal Website or communicating with Stashdeal through the internet or other electronic or wireless device. Any computer system or other electronic/mobile device used to access the Stashdeal Website can experience unanticipated outages or slowdowns, or have capacity limitations. Your uninterrupted and satisfactory use of our Website shall to a great extent depend on your internet service provider, uninterrupted internet connection on the computer /Laptop or data network/ Wi-Fi Connection on your mobile/cellphone/tablet. Stashdeal does not guarantee continuous, uninterrupted or secure access to its Website.
Stashdeal does not guarantee that any content deals, postings, messages, text, files, photos, videos, comments, images, or any such material ("Content") posted on our Website will be free from viruses that may have contaminating or destructive elements. Any Content may be downloaded/ used by you solely at your own risk and discretion. Stashdeal shall not be liable for any harm whatsoever, caused to your computer system or loss of any data resulting from the download of such data/content. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website to satisfy your requirements as to the safety and reliability of the Content.
7.2 As you are aware that Stashdeal does not directly source or sell the products and services offered on the Website, the modus operandi for purchasing a particular deal, voucher or merchandise would be that Stashdeal will direct you to the on-line store/web domain of the particular brand/merchant chosen by you and you will be required to follow the instructions for making the payment on such webpage through your credit/debit/master card. Your purchase activity may at times be interrupted due to faulty internet connection, or other electronic or wireless device, slowdowns or capacity limitations in the electronic/mobile device, or the web domain of the website to which you are re-directed to enable the payment gateway. It is expressly clarified that Stashdeal is not and shall not be responsible for any loss, damage or liability incurred by you including but not limited to incorrect or higher amount charged to your account/debited, password invalidated, non-acceptance of card, amount charged or debited more than once, etc. Your payment concerning merchandise purchased shall at all times be governed by the terms and conditions of the brand/merchant from whom such purchase is made and we encourage you to refer to, read and fully understand the same before making a purchase.
7.3 Additionally, security of your credit/debit/master card, net banking password or other unique payment password, bank account number, or other bank account details (“Bank account details”) vis-a-viz. your purchase order shall also be governed by the terms and conditions of the brand/merchant from whom you purchase a particular product or service. Stashdeal shall not be liable for (i) any harm whatsoever that may be caused to your computer system due to faulty internet connection or any reason whatsoever that refrains you from successfully rendering the payment (ii) loss or mis-use of the Bank account details shared by you on such website due to any reason whatsoever (iii) incorrect amount charged to your account or (iv) failure by the respective brand/merchant to refund any extra amount charged to your account. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website to satisfy your requirements as to the safety of your Bank account details. We suggest that you exercise care and caution before sharing your Bank Account details on any web domain.
ARTICLE 8 - CONTENT AND ITS INTENDED USE
8.1 We may change the format and content of the Stashdeal Website from time to time. You agree that your use of the Stashdeal Website and its products and services is on an 'as is' and 'as available' basis and at your sole discretion and risk. We do not accept any liability for any loss or claims arising from: any purchase made; or any loss, damage or harm caused due to action taken upon any advice provided/posted on the Website.
ARTICLE 9 - USER GENERATED CONTENT
9.1 Certain of the Services may permit you to use your Stashdeal account to submit reviews ("Reviews"), commentary, postings on message boards, data, text, files, links, software, chat content, music, sound, photographs, graphics, images, video, communication, messages or other materials and terms of expression (collectively "User-Generated Content"). User-Generated Content expressly excludes any Personal Information and/or confidential information that you provide to Stashdeal during the Stashdeal Account registration process. You agree that you will only post User-Generated Content that you are legally entitled to publish, and Reviews that you believe to be true, and that you will not purposely provide false or misleading information in your Reviews.
9.2 Unless you have the express consent of the proper owner of any materials that are copyrighted, trademarked or otherwise subject to a proprietary right, you are not permitted to upload, post, or otherwise make such materials available on or though the Services. You are solely responsible for complying with all laws applicable to any User-Generated Content you submit to the Services, including any Reviews, and for determining whether any materials you wish to upload, post or otherwise make available on or through the Services are subject to copyright, trademark or some other proprietary right. Additionally, you are solely liable for any damages that may arise as a result of any infringement of copyright, trademark or other proprietary right, or any other damages that result from materials that you upload, post or otherwise make available on or through the Services, including without limitation any Reviews.
9.3 You are solely responsible for any User-Generated Content submitted to the Services from your Stashdeal Account, and acknowledge and agree that your User-Generated Content cannot always be withdrawn. Stashdeal reserves the right in its sole and absolute discretion to promulgate such additional rules and policies which it deems necessary or appropriate to govern the posting or submission of materials on or through the Services. Stashdeal reserves the right, but has no obligation, to monitor disputes between you and any business that you have reviewed. Stashdeal reserves the right in its sole discretion and without obligation to monitor all User-Generated Content to ensure conformity with these Terms and any other rules, policies or regulations as may be promulgated by Stashdeal from time to time it its sole discretion, as well as any applicable laws, rules and regulations of any government having proper jurisdiction over Stashdeal.
9.4 BY USING OUR SERVICES, YOU AGREE THAT YOU WILL NOT SUBMIT ANY CONFIDENTIAL INFORMATION OR MATERIALS TO OR THROUGH THE SERVICES OFFERED BY STASHDEAL. EXCEPT FOR STASHDEAL ACCOUNTS CREATED PURSUANT TO THE AGREEMENT HEREIN, STASHDEAL CANNOT AND DOES NOT AGREE TO MAINTAIN ANY INFORMATION OR MATERIALS YOU SUBMIT TO OR THROUGH THE SERVICES AS CONFIDENTIAL.
9.5 You hereby grant Stashdeal, its subsidiaries, and/or affiliated companies an irrevocable, unrestricted, royalty-free and perpetual worldwide license to use, reproduce, broadcast, modify, adapt, translate, transmit, sell, store, privately and publicly display, privately and publicly perform, create derivative works based upon, distribute, and promote any and all User-Generated Content that you submit, upload, post, send to or through all or any portion of the Services, including without limitation, both within the Services and such other products or services as Stashdeal may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes. To the extent you submit to Stashdeal any ideas, concepts, know-how, techniques or other materials and/or information of any kind, you agree that we are free to use any and all of the foregoing without further permission or payment to you or any third party. You also permit any user of the Services or Stashdeal Web Pages to access, display, view, store and reproduce such User-Generated Content for personal use. You waive any right to inspect or approve uses of any User-Generated Content you submit or to be compensated for any such uses. Stashdeal is under no obligation to give credit or pay any consideration to you for User-Generated Content.
9.6 You agree that Stashdeal owns all right, title, and interest in any compilation, collective work or other derivative work created by Stashdeal using or incorporating your User-Generated Content, irrespective of any right, title or interest you or others may retain in same. By submitting User Generated-Content to or through the Services, you represent and warrant that (i) you have the right to grant any and all necessary licenses and rights provided herein, including without limitation, all necessary copyright and other related rights, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity, and (ii) the User-generated content does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation. Stashdeal does not owe you any payment with regard to any feedback, ideas, suggestions, or anything else about the Services contained in any User-Generated Content.
10.2 You understand and agree that the Services may include advertisements and that these advertisements are necessary for Stashdeal to provide the Services. Stashdeal relies on its advertisers for the accuracy and completeness of such advertising. Stashdeal and its Partners may publicly display advertisements and other information adjacent to or included with your User-Generated Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
ARTICLE 11 - USER WARRANTY AND REPRESENTATION
11.1 Stashdeal is a user driven Website which offers its users with a platform to use, benefit and share its shopping experience by participating in activities and sharing the best deals &shopping experiences with its fellow users, thereby augmenting and enriching the overall shopping experience.
11.2 By using this Website, you understand and accept that all the Content and the authenticity of such Content posted on our Website by its users or transmitted through, or linked with the Service, is the sole responsibility of the person /user from whom such Content has originated. Similarly, you would be solely responsible for all the Content that you may post. Stashdeal cannot control and would not be responsible for any Content posted on the Website by its users and visitors. You hereby undertake and agree that you shall adhere to your ethical responsibility of not posting any offensive, indecent, inaccurate, bogus, misleading or otherwise objectionable Content. The users further warrant that to the best of their knowledge, no action, suit, proceeding, claim or investigation has been instituted, initiated or threatened to be instituted or initiated against any Content posted thereby.
ARTICLE 12 - DEAL CANCELLATION POLICY AND DEFAULTS
12.1 Upon receipt of any requests for order cancellations from User, Stashdeal reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Stashdeal receives a cancellation notice and the order has not been processed/ approved by Stashdeal, Stashdeal shall cancel the order and refund the entire amount to You within a reasonable period of time. Stashdeal will not be able to cancel orders that have already been processed. Stashdeal has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Stashdeal and accept Stashdeal's decision regarding the cancellation.
12.2 There may be certain orders that Stashdeal is unable to accept and must cancel. Stashdeal reserves the right, at Stashdeal's sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the product or quantities ordered by You, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Stashdeal's credit and compliance department. Stashdeal may also require additional verifications or information before accepting any order. Stashdeal 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 credit card account.
12.3 Stashdeal may cancel any orders that are classified as 'Bulk Order' as determined by Stashdeal as per certain criteria. Any Stashdeal cash or Promo Code used for placing the 'Bulk Order' will not be refunded as per this cancellation policy. 'Bulk Order' may include products ordered for commercial resale.
12.4 In the event the Vendor/Merchant fails to complete a sale of a product or a service (owing to Your negligence) when presented by You with a valid Voucher or otherwise, You acknowledge that the Vendor will be solely liable to reimburse such amount as has already been paid by You for the purchase of such order. Further, You agree that Stashdeal will not be held liable for failure of the Vendor to make available any product or service therein.
ARTICLE 13 - LINKS TO THIRD PARTY CONTENT
13.1 The Stashdeal Website and Content available through the Services may contain features and functionalities that may link you or provide you access to third party content and web domains, which is completely independent of Stashdeal, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We do include links to these websites to provide you with access to information and services that you may find useful or interesting. We have not, reviewed, evaluated or approved these sites and we are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. Use of these website is purely your discretion and decision and nothing contained on the Website or herein shall be deemed to construe as shopping advice or inducement to shop a particular brand or use a particular shopping platform. The inclusion of any linked site does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Stashdeal of any information contained in such websites and the content therein is merely an offer and not a recommendation to buy or sell any products or services.
13.3 You hereby indemnify and keep indemnified, saved, defended and harmless on full indemnity basis Stashdeal and all persons claiming under Stashdeal (“Indemnified Persons”), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands causes of action, judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may allegedly arise out of, in whole or in part from: Use Of Such Websites; Mis-use of any Data or personal information fed by You or any Content posted on such Website by any person; Loss/damage caused to You as a result of faulty/defective product delivered to You or change in specification of the product delivered; Bogus or unauthentic deal chosen by You or withdrawn by the Merchant/brand after opting for such deal; Infringement by You of Intellectual Property Rights of such third party web domains; Loss/damage caused to You as a result of Mis-representations made by a particular brand or Merchant; Claims against You alleging Mis-use or unauthorised usage of information/data available on third party brands/Merchants linked to Our Website; Disputes arising between Users of our Website and any third party and decision with Respect to such dispute made by any authority(ies).
ARTICLE 14 - THIRD PARTY DEALINGS AND WEBSITE LINKS
14.1 Deals offered or proposed to be offered to you on our Website may be posted by our associate vendors/merchants. Your continued usage of our product/service shall be deemed to be an acknowledgement of our offer made to you in this regard. Any loss, harm or damage caused or any expenditure caused or incurred in this regard shall not be attributable to Stashdeal. You may conduct whatever investigation you deem necessary and/or appropriate before proceeding with any online or offline transaction with any of these third parties. Please note that Stashdeal only provides the links to products on third party websites; therefore it cannot and would not be held responsible if the product chosen by you is out of stock on the third party site.
ARTICLE 15 - PROHIBITIONS AND USER CONDUCT
15.1 Without limiting the generality of User Generated Content, you will not use the Services, or any Stashdeal Web Page (i) to violate or infringe upon the rights of others in any way, (ii) to violate or facilitate the violation of any law or to encourage others to violate any law, (iii) to send unsolicited bulk e-mail and/or instant messages, (iv) to transmit, relay, or otherwise communicate vulgar, unlawful, obscene, profane, indecent or otherwise offensive or objectionable materials or information, (v) to falsify your identity or impersonate another person; or (vi) to engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, as determined by Stashdeal in its sole and absolute discretion. You will not send automated queries of any sort to the Services without express permission in advance from Stashdeal. Please note that "sending automated queries" includes, among other things (a) using any software that sends queries to the Services to determine how a web site or web page "ranks" on the Services for various queries; (b) "meta-searching" the Services; (c) performing "offline" searches on the Services; and (d) using software robots, spiders, or other tools to "scrape" or automatically copy any portions of the Web Site or Services.
15.2 You may not reproduce, duplicate, copy, sell, resell, exploit or otherwise use the Stashdeal Web Pages, any portion thereof, or any services or products available thereunder for commercial purposes. You may not use the Stashdeal Web Pages in any way that harms Stashdeal, its affiliates, resellers, distributors, advertisers, service providers and/or suppliers or merchants or any customer of a Stashdeal Party, as determined in Stashdeal's sole discretion. Without limiting the generality of this Section, you will not use the Stashdeal Web Pages in any manner that could damage, disable, overburden, or impair any Stashdeal Web Page (or the network(s) connected to any Internet Web Page) or interfere with any other party's use and enjoyment of the Services. Your use of the Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the Services, all of which is owned by Stashdeal, its Partners, or other entities.
15.3 You agree not to (1) reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, provide or distribute others with any portion of the Stashdeal Web Pages or Services, or any information available on, extracted or derived from the Stashdeal Web Pages or Services, or any part thereof; (2) connect, use, attempt to connect or use in any way the Services, for purposes other than your private, personal use in good faith and as explicitly offered on our website, including without limitation for any commercial purpose, such as, for instance, sending unsolicited communications of any type or nature; (3) interfere, block, disable or otherwise affect any advertising, advertising element, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Services; and (4) incorporate, integrate or otherwise include any portion of the Services that is comprised of software into any software, program or product that communicates, accesses, or otherwise connects with the Services or any other instant messaging, Internet, or online service. Finally, you may not assist, encourage, enable, or authorize or assist any third party to do any of the things described in this section.
ARTICLE 16 - TRADEMARKS AND INTELLECTUAL PROPERTY
16.1 You acknowledge and agree that Stashdeal.com and other Stashdeal logos, products and service names are or may be trademarks and/or service marks of Stashdeal ("Stashdeal Marks"). You agree that you will not display or use the Stashdeal Marks in any manner, without the express written permission of Stashdeal. The names of other products and companies contained within our Services may be the trademarks or service marks of their respective owners. Nothing in these terms grants you any license to use any trademark, service mark, names or logos of Stashdeal, any Stashdeal Parties, or any third party.
16.2 You are not permitted to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part any Content, software, or Intellectual Property contained in the products or services or contained on the Stashdeal Website or obtained from social media sites including without limitation Facebook, Twitter, LinkedIn, YouTube, Google+ etc.. or use such information, Content, or Intellectual Property in a searchable, machine readable database, except without Stashdeal's prior written approval. If you download any information or software from our Website or social media sites including without limitation Facebook, Twitter, LinkedIn, YouTube, Google, you agree that you will not remove or obscure any copyright or other notices or legends contained therein. Intellectual Property shall mean any and all intellectual property or proprietary rights of Stashdeal including any and all rights over all its data, information, techniques, methodologies and materials, and shall include all rights as applicable relating to any copyright (including rights in audiovisual works), trademarks (including logos, slogans, domain names, trade names and service marks), patents (including patent applications and disclosures), designs, proprietary computer programs and software, source code, object code, rights of priority and trade secret rights, recognized in any country or jurisdiction in the world.
16.3 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of R2V Ventures or respective third parties. You are not permitted to use the Marks without the prior consent of R2V Ventures or the third party that may own the Marks. The brands/merchants whose products, services or deals are made available on our Website may be protected by intellectual property laws of India or a country outside India. Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any intellectual property contained in the products or services of such brands/merchants, may subject you to infringement consequences in accordance with the policies of such brands/merchants which may be enforced by them in India or outside India. Stashdeal is not bound by any agreement with any of the brands/merchants for ensuring security of their intellectual property appearing on our Website. You hereby agree and undertake to be solely responsible in this regard, in the event of claims or disputes which may arise by such brands/merchants alleging infringement of intellectual property by Stashdeal. You hereby indemnify and keep indemnified, saved, defended and harmless Stashdeal and all persons claiming under Stashdeal ('Indemnified Persons'), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands and costs that may be made and/or raised on the Indemnified Persons by any of the brands/merchants or any concerned authority (ies) and/or alleging infringement of their intellectual property contained in their brands/deals.
ARTICLE 17 - DEFAMATION
17.2 You hereby indemnify Stashdeal and keep indemnified, saved, defended and harmless on full indemnity basis Stashdeal and all persons claiming under Stashdeal ("Indemnified Persons"), from and against all losses and/or damages arising to Stashdeal as a result of any notices, proceedings, litigations, claims, penalties, demands, made by or served upon Stashdeal by the respective merchants/brands and/or judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees) allegedly arising in that regard, in whole or in part from any user attempting to defame, insult or offend any merchants/brands or by posting any content which is abusive defamatory or libellous for such merchants/brands.
ARTICLE 18 - LIMITATION OF LIABILITY
18.2 Although the information provided to you on this Website is obtained or compiled from sources which we believe to be reliable, neither Stashdeal, nor any of its subsidiaries, directors, officers, employees, or any third-party vendor guarantee you the accuracy, completeness, comprehensiveness, timeliness or availability of any of the products, deals, services or other content provided through this Website.
18.3 Neither Stashdeal, nor any of its subsidiaries, partners, directors, officers, employees, or any third-party vendor shall be liable for the purchase by You of products, services or deals based on suggestions or advice shared on our discussion forums or by users and visitors of our Website or have any responsibility of any kind, for any loss or damage, direct, indirect, consequential or incidental incurred by you, in the event of any failure or interruption of the Stashdeal website, or from any other cause relating to your access to, inability to access, or use of the Stashdeal Website, whether or not the circumstances giving rise to such cause may have been within the control of Stashdeal or of any vendors providing software or support services to Stashdeal.
18.4 THE STASHDEAL PARTIES PROVIDE THE SERVICES AND STASHDEAL WEBSITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE STASHDEAL PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE STASHDEAL PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. STASHDEAL DOES NOT WARRANT THAT THE SERVICES, STASHDEAL WEBSITE OR WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF STASHDEAL'S WEB PAGES OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE STASHDEAL WEB SITES OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, STASHDEAL IS NOT RESPONSIBLE FOR THOSE COSTS.
18.5 IN NO EVENT WILL ANY STASHDEAL PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES OR THE STASHDEAL WEB PAGES, EVEN IF SUCH STASHDEAL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY STASHDEAL PARTY WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
ARTICLE 19 - FORCE MAJEAURE
19.1 Stashdeal shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Stashdeal shall have no responsibility to provide you access to our Website whilst such unforeseen delays or interruptions continue.
ARTICLE 20 - TERMINATION AND VIOLATIONS
20.1 Stashdeal may terminate these terms, or terminate or suspend your access to the Services and/or Stashdeal Website at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Services will immediately cease. If you violate these Terms in any way, including, without limitation, by repeat infringement of copyrights, Stashdeal may, at its sole discretion, terminate your account, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and promotions), or take any other action that Stashdeal believes is appropriate. Stashdeal may investigate violations of these Agreement terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Services or Stashdeal Web Pages who are involved in such violations. If your access to the Services is terminated, Stashdeal may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider.
20.2 In the event of termination of these Agreement terms, whether by us or you, these terms shall survive in full force and effect indefinitely, including our right to use your User-Generated Content unless and until Stashdeal chooses to terminate such terms, regardless of whether you close your Stashdeal Account or whether you continue to use the Services and/or Stashdeal Websites.
20.3 YOU AND STASHDEAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
ARTICLE 21 - GOVERNING LAW