Terms & Conditions Of Use
1.1 De-nap (www.denap.in) e-commerce website / e-store is owned and operated By Indco International. These terms and conditions shall govern your use of our website.
1.2 By using our website, you expressly agree that you have read, understood and are bound by the terms and conditions set out herein and all applicable laws and regulations governing our website, including but not limited to any additional or amended terms or condition as applicable from time to time, regardless of how you subscribed to or use the services. By using, visiting or adding information to our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 De-nap (www.denap.in), hereinafter also referred to as “we” and “our website” whose registered office is, Indco International, 204 Retiwala Industrial Estate, Byculla East, Chinchpokli Cross Lane, Mumbai - 400027 Maharashtra, India. , reserves the right to change all the terms, conditions and policies given on our website at any time without any prior intimate to customers and visitors to our website; effective immediately upon posting on our website.
1.4 If you register with our website, submit any material to our website or use any of our website services, it will be assumed that you agree to these terms and conditions in full.
1.5 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.7 All recommendations by De-nap (www.denap.in), its website, team and representatives, are presented in good faith and believed to be correct to the best of our knowledge. De-nap (www.denap.in) requests the customer to use his/her own discretion while making a purchase on our website.
1.8 All and any product images displayed on our website are for representational purpose and may vary from the actual product variant.
1.9 All product prices displayed on our website are given in Indian Rupee (INR). This can be revised at any given point in time by the owners of De-nap (www.denap.in), without giving any prior notice to website visitors / users / customers.
1.10 Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- Copyright notice
3.1 Copyright (c) 2014 De-nap (www.denap.in).
3.2 You may not reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer or expose any copy of any content in respect of which we own the copyright without our consent, or in the case of the content of a third party author, without his or her consent. You acknowledge that we own the right, title and interest in and to the services, graphics, photographs, written text content developed and provided by us, the system which provides our website and all software associated with our website, as well as all Intellectual Property Rights thereto. You will comply with all national and international laws pertaining to Intellectual Property Rights.
3.3 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3.4 We aim to run our website 24 hours a day, throughout the week / year. However, we do not take any responsibility for loss of data or orders resulting from website downtime / shutdown (and other related instances).
- Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) use our website services and purchase products from our website by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You agree that you are only authorised to visit, view and use our website for your own personal purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must NOT:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter (without making any alterations or modifications) in print and electronic form to any person.
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation e-mail marketing, SMS marketing, telemarketing and direct mailing);
(h) duplicate, download, publish, modify, scrape, or otherwise distribute the material on our website for any commercial use, or for any purpose other than as described in the terms, conditions and policy pages of www.denap.in;
(i) use any robot, spider, other automatic device, or manual process to monitor or copy our pages or the content contained thereon or for any other unauthorised purpose without our prior expressed written permission of De-nap (www.denap.in);
(j) that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of our website. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from our website without the prior expressed written permission of De-nap (www.denap.in).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
De-nap (www.denap.in) is not liable to you or any third party for any damages that you or any third party may suffer howsoever arising from your disclosure of personal information in any public environment. You accordingly disclose information in a public environment at your own risk.
- Registration and accounts
6.1 To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age and resident of India.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person's account to access the website, unless you have that person's express permission to do so.
6.5 If you register or create a user account on our website, you may be allowed to save and personalise De-nap (www.denap.in) content, receive, add, and view comments / blogs / ratings from existing and future features provided by the De-nap (www.denap.in) system, and post ratings and articles about De-nap (www.denap.in) businesses and other user articles. By having an account with De-nap (www.denap.in), you agree to take full responsibility for maintaining the confidentiality of your account user name/e-mail address, password, and all related activity that occurs under your account user name. If you violate these Terms, De-nap (www.denap.in) may, at our sole discretion, terminate your account/s, remove or modify any account-related content or access (including, but not limited to, articles, and user profile information), or take any other action that De-nap (www.denap.in) believes is appropriate.
- User IDs and passwords
7.1 If you register for an account with our website, you will be asked to enter your personal information, e-mail address and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
8.2 You may not cancel your account on our website using your account control panel on the website. However, should you wish to cancel your account please inform us regarding the same by sending us a mail at firstname.lastname@example.org ;
- Your content: licence
9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
- Your content: rules
10.1 You will retain ownership of any original content that you provide when using a service of De-nap (www.denap.in), including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our service. However, we own all compilations, collective works or derivative works created by us which may incorporate your content and which are reduced to a material form and original; and with regards to content which you may upload or make available for inclusion on publicly accessible areas, you grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote your content on any medium. Should you be of the view that the Intellectual Property Rights in any of your works uploaded on our website have been infringed or otherwise violated, please provide our Webmaster with the following information: (i) a description of the work, which you claim, has been infringed; (ii) the location of the work on www.denap.in; (iii) your contact details; (iv) an affidavit deposed to by you stating that the work was used without your consent; (v) written consent if an agent is acting on your behalf; (vi) the level of attention to be afforded to your matter will lie within our discretion. This clause should in no way be construed as a guarantee that we will assist you under these circumstances.
10.3 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.4 We are not able to police every article, comment, etc. that may be included on De-nap (www.denap.in) and will from time to time possibly make mistakes that fall in the category of human error. If we've approved an article on our site which you feel is misappropriating your content, please contact us immediately intimating the same by sending an e-mail to email@example.com . The De-nap (www.denap.in) team will exercise its discretion on such subjects, based on statistics and user feedback.
10.5 We reserve the right, but not the obligation, to refuse to post or to remove any profile, comment, article, or blog if it contains or features any of the points mentioned in 10.6.
10.6 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence, in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
- Limited warranties
11.1 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.
11.2 In no case shall De-nap (www.denap.in), 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.
11.3 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
11.4 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.5 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that we have an interest in limiting the personal liability of our affiliates, officers and employees; you agree that you will not bring any claim personally against our affiliates, officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees). In no event shall De-nap (www.denap.in) and/or its employee, affiliates be liable for any direct, indirect, punitive, incidental, special, consequential damages or 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 De-nap (www.denap.in) sites/services, with the delay or inability to use De-nap (www.denap.in) 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 De-nap (www.denap.in) sites/services, or otherwise arising out of the use of De-nap (www.denap.in) sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if De-nap (www.denap.in) or any of employees, affiliates had been advised of the possibility of damages. Any product or promotion of a product on the service are not sponsored, endorsed or administered by, or in any other way associated with, De-nap (www.denap.in). We have no control over content, contributions or other information and opinions expressed using or on our website.
- Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
14.4 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.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16.3 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.
- Third party rights
17.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
17.3 Copyright for all product images, pictures, photographs, product design, and graphics belong wholly and solely to the manufacturers of said product/s. Product images displayed on our website are for representational purposes only and may vary from the actual product variant.
- Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with our Privacy & Cookies Policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
18.2 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.
- Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with Indian Law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive / non-exclusive jurisdiction of the courts of the Republic Of India. If there is any dispute about or involving our website, you, by using our website, agree that the dispute will be governed by the laws of the Republic of India without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in Mumbai, in the State of Maharashtra, India.
19.3 ARBITRATION NOTICE: EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND DE-NAP (WWW.DENAP.IN) WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
19.4 You agree to indemnify, defend and hold harmless De-nap (www.denap.in) 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.
- Promotional codes / offers / discounts
20.1 Promotional codes will only be issued for single time use. One promotional code cannot be used or clubbed with any other discount or promotional scheme.
20.2 If used partially, the balance amount will lapse.
20.3 Promotional codes and/or Store Credit must be used within the stipulated validity period of that individual offer/promotion, and can only be used online on www.denap.in. Store Credit will have a validity period of 2 months from the date of issue and must be used within that period otherwise it is automatically considered as lapsed.
20.4 Products purchased with “Vouchers” will enjoy our standard replacement policies.
20.5 De-nap (www.denap.in) reserves the right to change the discount / offer / promotional scheme without any prior notice, and is under no obligation to give Store Credit or pay any consideration to you for your profile contributions and articles.
20.6 The terms related to promotional codes / vouchers / offers / discounts can be changed by De-nap (www.denap.in) at any given point in time, and will be with immediate effect upon upload to our website.
21.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
21.2 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.
21.3 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).
- Statutory and regulatory disclosures
22.1 Our product prices are given in MRP and are inclusive of all Govt. & Regulatory taxes.
22.2 We are registered with the Sales Tax Department of India.
- Our details
23.1 This website is owned and operated by De-nap (www.denap.in).
23.2 We are registered in India, and our registered office is at Indco International, 204 Retiwala Industrial Estate, Byculla East, Chinchpokli Cross Lane, Mumbai - 400027 Maharashtra, India.
23.3 Our principal place of business is at Indco International, 204 Retiwala Industrial Estate, Byculla East, Chinchpokli Cross Lane, Mumbai - 400027 Maharashtra, India.
23.4 You can contact us by writing to the business address given above, by using our website contact form, by e-mail to firstname.lastname@example.org