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Policies

Privacy policy

  • This Privacy Policy provides for the practices for handling and securing user’s Personal Information.
  • For the purpose of this Privacy Policy, wherever the context so requires “you” or “your” shall mean User and the term “we”, “us”, “our” shall mean OPT2DEAL
  • By using or accessing the Website or other Sales Channels, the User hereby agrees with the terms of this Privacy Policy and the contents herein.
  • By using or accessing the Website or other Sales Channels, the User hereby agrees with the terms of this Privacy Policy and the contents herein.
  • OPT2DEAL provides services to the users through the website and is committed to protecting and respecting the privacy of the users and has taken all necessary and reasonable measures to protect the confidentiality of the user information and its transmission through the World Wide Web.
  • You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.
  • Automatic Logging of Session Data:
  • Each time you access the Website your session data gets logged. Session data may consist of various aspects like the IP address, operating system and type of browser software being used and the activities conducted by the User while on the Website. We collect session data because it helps us analyze User’s choices, browsing pattern including the frequency of visits and duration for which a User is logged on. It also helps us diagnose problems with our servers and lets us better administer our systems.
  • Description of details we collect to create user’s online account.
  • Changes to the privacy policies.
  • We reserve the rights to revise the Privacy Policy from time to time to suit various legal, business and customer requirement. We will duly notify the users as may be necessary.
  • Copyright description should be mentioned  like all content in the site is own by opt2deal  is protected by Indian copyright law.

Shipping & Delivery

Shipping delivery period?

Shipping delivery will be minimum 1 day to maximum 30 days.

What are the delivery charges?

Delivery charge varies with each Product depending on various factors.

We incur relatively higher shipping costs on low value items. In such cases, charging a nominal delivery charge helps them offset logistics costs. Please check your order summary to understand the delivery charges for individual products.

Although we also provide free deliveries for some specific products under various offers launched on site by us.(Terms and Conditions may apply ).


What is the estimated delivery time?

We generally procure and ship the items within the time specified on the product page. Business days exclude public holidays and Sundays.

Estimated delivery time depends on the following factors:

Product’s availability with the us

The destination to which you want the order shipped to and Our current location.


Why does the delivery date not correspond to the delivery timeline of X-Y business days?

It is possible that our courier partners have a holiday between the day your placed your order and the date of delivery, which is based on the timelines shown on the product page. In this case, we add a day to the estimated date. Some courier partners  do not work on Sundays and this is factored in to the delivery dates.

Delivery times are influenced by product availability, geographic location of the Seller, your shipping destination and the courier partner’s time-to-deliver in your location.

Please enter your default pin code on the product page (you don’t have to enter it every single time) to know more accurate delivery times on the product page itself.


Are there any hidden costs (sales tax, octroi etc) on items sold selleOpt2deal?

There are NO hidden charges when you make a purchase with Opt2deal. List prices are final and all-inclusive. The price you see on the product page is exactly what you would pay.

Delivery charges are not hidden charges and are charged (if at all) extra depending on our shipping policy.


Opt2deal does not ship to my area. Why?

Please enter your pincode on the product page (you don’t have to enter it every single time) to know whether the product can be delivered to your location.

If you haven’t provided your pincode until the checkout stage, the pincode in your shipping address will be used to check for serviceability.

Whether your location can be serviced or not depends on

Whether the delivery partner ships to your location

Legal restrictions, if any, in shipping particular products to your location

The availability of reliable courier partners in your location.


Why is the COD option not offered in my location?

Availability of COD depends on the ability of our courier partner servicing your location to accept cash as payment at the time of delivery.

Our courier partners have limits on the cash amount payable on delivery depending on the destination and your order value might have exceeded this limit. Please enter your pin code on the product page to check if COD is available in your location.


I need to return an item, how do I arrange for a pick-up?

Returns are easy. Contact Us to initiate a return. You will receive a call explaining the process, once you have initiated a return.

Wherever possible our delivery partner Logistics will facilitate the pick-up of the item. In case, the pick-up cannot be arranged through our delivery partner, you can return the item through a third-party courier service. Return fees are borne by Opt2deal.


Does Opt2deal deliver internationally?

As of now, Opt2deal doesn’t deliver items internationally.

You will be able to make your purchases on our site from anywhere in the India with any credit/debit cards issued in India ensure the delivery address is in India.

Return & Exchange

  • If the supplier fails to ship on time or the product quality varies from what was agreed upon, Buyer may apply for refund in OPT2DEAL Shopping within 24hours of delivery the product.
  • We will investigate, mediate and resolve your claim with an aim of providing a satisfactory outcome, including refund of the purchase if necessary.
  • OPT2DEAL Shopping will provide the platform for buyers and sellers to interact and come to terms in case of any product returns. For any queries please connect with us .

I’ve still not received the refund to my bank account. Why?

  • If you have received a mail/message from us confirming your refund request then rest assured that we have initiated your refund request and are following up with financial organisations for the same.
  • Sometimes financial organisations take a longer time to process the refund request. However, if the refund hasn’t happened by the date we promised, you can contact us. We will gladly help you
  • Incase of online payment the refund will be progressed in the same way.(via credit card,debit card net banking).

What is COD (Cash On Delivery)? Are there any additional charges for COD orders?

  • COD refers to Cash On Delivery. It doesn’t matter if you don’t have a Credit/Debit card or online shopping is not your forte. If you are not comfortable making an online payment onopt2deal , you can opt for the Cash on Delivery (C-o-D) payment method instead. Opt 2 deal offers you the option of paying for the purchase at your doorstep. Just place your order and make cash payment to our COD partner upon the delivery of your item.
  • Not all deals/products have COD option. Please check the deal page before buying. Opt2deal does not offer COD at all locations. Please enter your pin code to check the availability of COD option at your location.
  • Why isn’t COD available to me?
  • Cash on Delivery (COD) option is not offered by our Courier partners at few serviceable locations. Hence, based on your location COD option may not be available to you. However, you can always opt for payment through Net Banking or Credit/Debit Card.
  • We also restrict Cash on Delivery facility for certain customers based on our long-term experience. To know more, please refer to our Terms and Conditions.

Customer is not eligible for return/exchange if

  • Its “No longer needed”.
  • Customer tried to handle the industrial product and unable to use it which promotes any tear/damage.
  • Made to Product(on demand) will not be returned

Guidelines for Return/Exchange:

  • For Products purchased on opt2deal, in the event the customer has any concern with the Product, the customer shall raise Return/Exchange request within 7 days of product delivery. In case product is damaged or wrong item has been sent, raise the request within 48 hours of product Delivery.
  • Customer must share video with Customer care team while opening the package in case of Empty Package/Quantity issue.
  • Customer must share photographs (Exterior image of the box from all sides, Interior image with packaging, damaged product image, image of the shipping label) with Customer care team in case of damaged or wrong product (Videography will be highly appreciated) within 48 hours of delivery.
  • In case of Industrial goods return will be accepted only in case of wrong, defective, damaged product.
  • In Case of Faulty electronics product, customer need to contact nearest service centre for repair/ replacement.
  • All products must be in new and unopened condition with all the original packing, tags, inbox literature, warranty/ guarantee card, freebies and accessories including keys, straps and locks intact.
  • Opt2deal shall endeavour to process the customer refund within 7 (Seven) working days from the date of request made to the Customer Care team

Refund Policy

  • The refunds in accordance with the above guidelines shall be as per the following:
  • In case of pre-paid order, the refund will be processed through payment gateway or any other online banking / electronic funds transfer system approved by Reserve Bank India and will reflect in same account of customer buying the Product from where customer has paid the transaction amount.
  • For cash on delivery transactions, refunds, if any, will be made via demand draft/NEFT/Cheque etc. in favour of the customer buying the Products, as per the details provided by the customer.
  • The customer buying the Products will not be charged for the pickup, and no other deductions shall be made on refunds confirmed to the customer buying the Product.
  • Refunds / Returns shall NOT be allowed in the following cases:
  • Return request is made outside the specified time frame of 7 days as specified above.
  • In case where price tags, labels, original packing, freebies and accessories, box are missing.
  • If the Product is damaged by the customer, in any manner as may be determined by opt2deal at its sole discretion.
  • If Product has been used by the customer.
  • If Product sold as combo/sets cannot be returned as individual Product

Terms and Conditions | Terms of Service

OVERVIEW

This website is operated by Opt2deal Throughout the site, the terms “we”, “us” and “our” refer to Opt2deal. Opt2deal offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous , defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Opt2deal, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Opt2deal and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Jaipur, Rajasthan

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at {support@opt2deal.com}.

Vendor NDA

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

This Confidentiality and Non-Disclosure Agreement (“Agreement”) is made and entered into at date of registration by and between:

M/s Opt2deal E-commerce India private limited, a Company existing under the provisions of Companies Act, 2013, having its Registered Office at 95,Bawal,Haryana – 123412, Haryana (hereinafter referred to as “Opt2deal” which expression shall unless repugnant to the context or meaning thereof include its successors and permitted assigns) of the First Part;

AND

Registered Partner a Company/ Partnership Firm/ Sole Proprietorship existing under the Laws of India, having its registered office at  as per details shared on website, hereinafter referred to as Business partner (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include its successors and permitted assigns) of the Second Part.

Opt2deal and registered business partner shall hereinafter be individually referred to “Party” and collectively referred to herein as “Parties”, as the case may be.

WHEREAS:

1)       Parties are desirous of entering into discussions and negotiations and wish to discuss with one another a possible business transaction, which may include discussions concerning relative products and such other parts/ items as decided mutually between the Parties (the “Proposed Transaction”).

  • In the course of discussions and negotiations for the project and also during the course of the transaction, each Party may disclose to the other Party certain technical, business and / or other information which is non-public, confidential and / or proprietary.

3)       Accordingly, Parties are desirous of entering into this Agreement to regulate their rights and obligations in relation to such information, on the terms and conditions set out in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:

  1. 1. Definitions
  • “Confidential Information” shall mean as against each Party to this Agreement all information of a confidential nature relating to the other Party disclosed during the term of this Agreement. Such information shall include, without limitation, samples, drawings, engineering or operational information, financial information, costing and pricing information, customers and policies and procedures. Such Confidential Information may be supplied as an actual sample, in writing, through discussions, in the form of drawings or through observations at a manufacturing facility.
  • “the Disclosing Party” shall mean the Party disclosing any particular item of Confidential Information (or, where appropriate, the Party about whom such Confidential Information relates to).
  • “the Recipient Party” shall mean in relation to any particular item of Confidential Information the Party which receives such information pursuant to this Agreement, or otherwise obtains such information.
  • “Affiliates” shall mean in relation to each Party, any entity directly or indirectly controlling or controlled by or under direct or indirect common control with such Party; “control” for the purpose of this definition means direct or indirect ownership of more than fifty percent (50%) of the registered capital of said entity.
  1. Term
  • This Agreement shall be effective from the Effective Date and shall continue to be in full force and effect for a period till registration.
  1. Confidentiality Obligations

In consideration of the Disclosing Party agreeing to disclose Confidential Information to the Recipient Party, the Recipient Party shall (and will procure that all persons associated with it, whether as directors, employees, consultants, representatives, advisors, affiliates or otherwise):

  • keep all Confidential Information strictly confidential;
  • use such Confidential Information only for the purpose for which it was disclosed and shall not use or exploit (commercially or for any other purpose) such Confidential Information for its own benefit or for the benefit of another without the prior written consent of the Disclosing Party;
  • not duplicate in any manner any Confidential Information furnished in tangible form except for the purposes of this Agreement without the prior written consent of the Disclosing Party;
  • restrict access to any Confidential Information to such of its employees, consultants, representatives, advisors, affiliates and agents who need to know such information for the purposes of approving, evaluating or otherwise participating in the Proposed Transaction and ensure that such employees, consultants, representatives, advisors, affiliates and agents are fully aware of and agree to be bound by the terms of this Agreement in writing, prior to disclosure of such information to them;
  • save as permitted by clause 3.4, not disclose any Confidential Information to any third party without the prior written consent of the Disclosing Party and in the event that such disclosure is permitted the Recipient Party will procure that such third party is fully aware of and agrees to be bound in writing by the terms of this Agreement;
  • be obligated to keep confidential the Confidential Information during the Survival Period; and
  • be responsible for any breach of any of the undertakings contained in this Agreement, by any of its directors, employees, consultants, advisers, affiliates agents and representatives.
  1. Exclusions

This Agreement shall not apply to any Confidential Information which is described in subparagraphs a. through f. below:

4.1       The Recipient Party proves that it possessed the Confidential Information prior to the date of disclosure hereunder and which was not or is not obtained under any obligation of confidentiality;

4.2       The Confidential Information is or becomes available to the general public otherwise than through any act of the Recipient Party constituting a breach of this Agreement or any other agreement, provided that the source is not, to the knowledge of the Recipient Party, bound by a confidentiality agreement with, or other legal or fiduciary or other obligation of secrecy or confidentiality to, the Disclosing Party or another party with respect to such information;

4.3       The Confidential Information has been lawfully obtained by the Recipient Party or its Representatives from a third party who is not, to the knowledge of the Recipient Party, bound by a confidentiality agreement with, or other legal or fiduciary or other obligation of secrecy or confidentiality to, the Disclosing Party or another party with respect to such information;

4.4     The Confidential Information is independently developed by the Recipient Party, as clearly and specifically demonstrated by business records prepared and maintained in the ordinary course of business provided that such information is not prepared using the information provided by the Disclosing Party;

4.5       The Confidential Information is approved in writing for release by the Disclosing Party; or

4.6       The Recipient Party is obligated to disclose the Confidential Information under an order of a court of competent jurisdiction, or pursuant to applicable law or regulation, provided that the Recipient Party first gives the Disclosing Party thirty (30) days’ notice of the Recipient Party’s obligation under the court order, law or regulation, and the Disclosing Party shall be given an opportunity to oppose any such disclosure.  In the event the court order, law or regulation does not allow for thirty (30) days’ notice, the Recipient Party shall give the Disclosing Party as much notice as may be reasonably practical.

  1. Proprietary Rights

 

5.1.    Subject to the provisions of this Agreement, the Recipient Party agrees that Confidential Information provided by the Disclosing Party is and shall remain the exclusive property of the Disclosing Party and the Recipient Party will not acquire by implication or otherwise any right in title to or license in respect of any Confidential Information supplied by or on behalf of or relating to the Disclosing Party.

5.2.    Nothing in this Agreement will be deemed by implication or otherwise to convey to the Recipient Party any right or license under any patent, patent application, invention, copyright, trademark, trade name or other proprietary interest owned by the Disclosing Party; nor will this Agreement be deemed to provide a commitment of any kind by any party to enter into any further agreement with the other party.

  1. No representation or warranty

The Recipient Party:

6.1.    acknowledges that the Disclosing Party does not make any express or implied representation or warranty as to the accuracy or completeness of any Confidential Information;

6.2.    agrees to assume full responsibility and liability for any and all conclusions it derives from the Confidential Information; and

6.3.    agrees that the Disclosing Party shall have no liability whatsoever to the Recipient Party or any other person on any basis (including, without limitation, in contract, tort, or otherwise) in connection with the use of such Confidential Information; unless expressly provided by written agreement between the Parties.

  1. Termination

 

  • Either Party may terminate this Agreement at any time by giving the other Party 30 days prior written notice.

Upon the termination of this Agreement, or earlier at the written request of the Disclosing Party, the Recipient Party shall return to the Disclosing Party all documents, records, notes, computer media, and any other evidence of Confidential Information provided to the Recipient Party by the Disclosing Party, or otherwise in its possession or control, and which is in any tangible form, including all copies thereof. At the same time, the Recipient Party shall also destroy any documents or other materials created by the Recipient Party that contain any reference to any Confidential Information which in their own right could be viewed as confidential, and the Recipient Party shall certify such destruction in writing to the Disclosing Party within fifteen (15) days of its completion.

8.       Consequences of Breach

8.1.    The Recipient Party acknowledges and agrees that in the event of any breach or threatened breach of this Agreement by the Recipient Party or its Representatives, the Disclosing Party shall be entitled to specific performance and injunctive relief as a remedy for any such breach or threatened breach hereof without necessity of posting bond or other security, the requirement for which is expressly waived. The Recipient Party and its Representatives, as applicable, agree not to raise and hereby waive any defense to injunctive relief based on lack of irreparable harm or the insufficiency of monetary damages.  Such remedy shall not be deemed to be the exclusive remedy for any breach of this Agreement, but shall be in addition to all other remedies available to the Disclosing Party at law or in equity.  The Recipient Party hereby agrees to indemnify the Disclosing Party for all costs and expenses, including attorney’s fees, incurred by it in enforcing this Agreement with respect to any such breach.

  1. No Waiver

 

9.1.    Any failure by either Party in exercising any right power or privilege hereunder shall not act as a waiver hereunder nor shall any single or partial exercise hereof preclude any further exercise of any rights, power or privilege by such party.

 

  1. Entire Agreement
  • This Agreement constitutes the entire understanding between the Parties and may not be amended or modified, in whole or in part, except by an agreement in writing signed by both Parties.
  • This is agreed by sellers to retain their declared posted products for minimum 45 days after posting over opt2deal website
  1. Survival

 

11.1.   After the term has expired, or following termination of this Agreement for any reason, all Confidential Information received by the Recipient Party during the term of this Agreement shall remain subject to the confidentiality and non-use provisions of this Agreement for a further period of one (1) year from the date of such termination / expiry. Clause 13 shall survive the expiry / termination of this Agreement.

  1. Compliance with Laws

12.1.   Parties shall perform their obligations under this Agreement in strict compliance with all laws, rules, regulations, notifications and guidelines as may be applicable to them from time to time.

  1. Dispute Resolution and Governing Law

 

13.1.   All matters, questions, disputes, difference or claims arising between the Parties in relation to or in connection with this Agreement, its interpretation, validity, construction, enforceability or application or as to the rights, duties or liabilities of the Parties there under, or as to any act matter or thing arising out of or consequent to or in connection with this Agreement shall be resolved by mutual discussions. If the parties are unable to resolve the dispute for a period of 30 (thirty) days, the dispute then will be resolved through arbitration to be conducted by three arbitrators in accordance with the Arbitration and Conciliation Act, 1996, for the time being in force. Each Party shall appoint one arbitrator and the two so appointed arbitrators shall appoint the third presiding arbitrator. The seat of the Arbitration shall be Rewari, Haryana, India. The award/order/direction given by the arbitrator shall be final and binding on both the Parties. The language of Arbitration shall be English. Each party shall bear its own cost of Arbitration. The Arbitration proceedings shall not have any effect on the performance of those parts of these Agreements that are not in dispute or in respect of which no difference has arisen between the parties.

13.2.   The validity, construction and performance of this Agreement shall be governed by the laws of India and the Parties agree to submit to the exclusive jurisdiction of the Courts at Bawal, Haryana, India.

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