Terms and Conditions of Use

 

Welcome to Dufa. Please read these conditions carefully before using the Dufa’s Mobile Device Application (hereinafter referred to as “Dufa” or our “App”). By using Dufa, you signify your agreement to be bound by the ‘Terms and Conditions of Use’ mentioned herein.

 

About Dufa:

Dufa is an e-commerce marketplace for artistic, handcrafted unique products. Dufa connects artists to people who appreciate and love handmade and creative products.  Dufa intends to reach out to artists from every corner of India who want to showcase and sell their creative work of art either full time or part time.

1. Accepting the Terms and Conditions of Use
2. Privacy
3. e-Commerce Marketplace
4. License for Dufa
5. Your Account with Dufa
6. Terms for Sellers
7. User Content
8. Your use of our Services
9. Fees and Taxes
10. Termination
11. Warranties
12. Limitations of Liability
13. Indemnification
14. Law and Jurisdiction
15. Variation in Terms
16. Severability
17. Entire Agreement
18. Contact Information

 

1. Accepting the Terms and Conditions of Use:

The Terms and Conditions of Use are a legally binding contract between you and Dufa.

The terms and conditions of Use (hereinafter referred to as the “Terms”) mentioned hereunder govern your use of our App; by using Dufa, you accept these Terms in full. Please read these Terms carefully before using Dufa.

These Terms sets out your rights and responsibilities when you use Dufa and the other services provided by Dufa (hereinafter collectively referred as “Services”).

Use of Dufa is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. Hence, you must be at least 18 (Eighteen) years of age to use Dufa. By using Dufa and by agreeing to these Terms you warrant and represent that you are at least 18 (Eighteen) years of age. If you are a minor i.e. under the age of 18 (Eighteen) years, you may use Dufa only with the involvement of a parent or guardian.

By using any of our Services, you’re agreeing to the Terms. If you don’t agree with the Terms or any part of it, you may not use our Services.

 

2. Privacy:

Your personal information is important to us like it is to you. Our Privacy Policy which also governs your visit to Dufa, details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy.

The personal information / data provided to us by you during the course of usage of Dufa will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use our App.

3. e-Commerce Marketplace:

You agree, understand and acknowledge that Dufa is an online platform that enables sellers to sell, at a price indicated therein at any time from any location. You further agree and acknowledge that Dufa is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the App.

4. License for Dufa:

Unless otherwise stated, Tripling Solutions Private Limited owns the property rights in the App. Subject to the license below, all these property rights are reserved.

We grant you a limited licence to access and make personal use of this App. You may view, download for caching purposes only and print the contents from the App for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

You must not:

• republish material from Dufa (including republication on another website);
• rent or sub-license material from our App;
• reproduce, duplicate, copy or otherwise exploit material on our App for a commercial purpose;
• redistribute material from this App [except for content specifically and expressly made available for redistribution].
• use any logo of Dufa or other proprietary graphic without express written consent of Tripling Solutions Private Limited.

Any unauthorised use terminates the permission or license granted by Tripling Solutions Private Limited.

5. Your Account with Dufa:

You will need to create an account with Dufa to use our Services. Here are few Terms about accounts with Dufa:

• Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
• You may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
• You're responsible for your account. You are solely responsible for any activity on your account. If you are sharing an account with any other person, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business entity. Also, your accounts are not transferable.
• Protect your password. As we mentioned above, you are solely responsible for any activity on your account, so it is important to keep your account password secure.
• Relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Dufa.

6. Terms for Sellers:

The Terms mentioned in this section shall be agreed upon by the Sellers registered on Dufa, in addition to other Terms contained herein.

1. Products that can be sold on Dufa:

Everything listed for sale on Dufa must be handcrafted unique products, artistic. These products shall comprise of paintings (all Indian traditional artwork), photographs, sculptures (of various materials), handmade jewellery, clothing, home and living artefacts

Handcrafted / Handmade: Handmade on Dufa encompasses all products made by the Seller's own hands or by using handheld tools. The products that are hand-assembled, handcrafted and hand-altered are also acceptable on Dufa and considered handmade in the broader sense as long as the Seller has added his or her own creativity and twist to the product. Handmade includes products that are designed by Sellers even though they may be physically created by the Seller's team or outsourced. Sellers can be entrepreneurs as well who have a team of artists creating / designing these handmade products. Reselling is currently prohibited on Dufa.

If you sell handcrafted / handmade items, you agree that:

• All handmade items are either made or designed by you or your team; and
• You are using your own photographs and not stock photos, artistic renderings, or photos used by other Sellers or sites.

2. Products that cannot be sold on Dufa:

Even if the products otherwise meet our marketplace criteria, prohibited items, services, and items that violate our policies are not allowed to be sold on Dufa.

Prohibited Items:

• Animal products and human remains;
• Alcohol and food products;
• Dangerous items, hazardous materials, recalled items and weapons;
• Items that promote, support, or glorify hatred;
• Illegal items, items promoting illegal activity and highly regulated items as per Indian Laws; and
• Items that promote, support, or glorify violence.

3. Representing Yourself, Your Shop and Your Listings Honestly:

At Dufa, as a Seller you must honestly and accurately represent yourself and your products.

By selling on Dufa, you agree that you will:

• Provide honest, accurate information in your  ‘Store Description’ section;
• Accurately represent your items in listings and listing photos;
• Respect the intellectual property of others; and
• Not create duplicate shops or take any other action (such as manipulating clicks, carts or sales) for the purpose of manipulating search.

4. Creating and Uploading Content:

As a Seller on Dufa, you have the opportunity to create and upload a variety of content, like text, photos, and videos. In order to keep our App safe and respectful, you agree that you will not upload content that is:

• Abusive, threatening, defamatory, harassing or otherwise in violation of our Terms and Privacy Policy;
• Obscene or vulgar;
• In violation of someone else’s privacy or intellectual property rights; or
• False, deceptive or misleading.

5. Providing Great Customer Service:

We expect our sellers to provide a high level of customer service. By selling products on Dufa, you agree to:

• Honour your dispatch within timelines posted. Sellers are obligated to dispatch an item or otherwise complete a transaction with a Buyer in a prompt manner, unless there is an exceptional circumstance.
• Honour the commitments you make in your shop policies.
• Resolve disagreements or disputes directly with the Buyer.
• If you are unable to complete an order, you must notify the Buyer and cancel the order.
• As a Seller, you must provide great customer service and maintain trust with your Buyers.

7. User Content:

In these Terms, “User Content” means materials (including without limitation text, images, audio material, video material and audio-visual material, descriptions, reviews, comments, usernames) that you submit on the App using Our Services, for whatever purpose (hereinafter referred to as “Your Content”).

1. 1. Responsibility for Your Content:

You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

1. 2. Permission to Use Your Content:

By posting Your Content through our Services, you grant Dufa an irrevocable, non-exclusive, royalty-free license to use, adapt, publish, display, edit, modify, reproduce, distribute and store it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Dufa function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your products.

1. 3. Reporting Unauthorised Content:

Dufa has great respect for property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. Your Content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Dufa or a third party (in each case under any applicable law).

1. 4. Inappropriate, False or Misleading Content:

You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Terms or that is false and misleading or uses the Services in a manner that is fraudulent or deceptive. Dufa reserves the right to edit or remove any material submitted to this App, or stored on Dufa, or hosted or published upon our App. Notwithstanding Dufa's rights under these Term in relation to Your content, Dufa does not undertake to monitor the submission of such content to, or the publication of such content on, this App.

8. Your use of our Services:

We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services, subject to the Terms and the following restrictions in particular:

1. No violation of applicable laws:

You agree that you will not violate any laws in connection with your use of the Services. You must not use our Dufa in any way that causes, or may cause, damage to Dufa or impairment of the availability or accessibility of our App; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

2. Payment of your bills:

You are responsible for paying all fees that you owe to Dufa.

3. Restricted Access:

Access to certain contents of this App is restricted. Dufa reserves the right to restrict access to other areas of this App, or indeed this entire App, at Dufa's discretion. If Dufa provides you with a user ID and password to enable you to access restricted areas of this App or other content or Services, you must ensure that the user ID and password are kept confidential. Dufa may disable your user ID and password at Dufa's sole discretion without notice or explanation.

4. Communication:

When you visit Dufa, you are communicating with us electronically. You will be required to provide a valid phone number, product details, shop policies, delivery estimate, etc. while registering as a Seller on our App. We may communicate with you by e-mail, messaging, phone call or by posting notices on the App or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the App and/or your order placed on Dufa.

5. Do not try to harm our System:

You must not use this App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan, worm, keystroke logger, rootkit or other malicious computer software.

6. You must not use Dufa to transmit or send unsolicited commercial communications.

9. Fees and Taxes:

You shall be responsible for payment of all fees / costs / charges associated with the sale of products on Dufa and you agree to bear any and all applicable taxes including but not limited to Value Added Tax, Service Tax, Goods and Services Tax, duties and cesses etc.

Collection of appropriate taxes and remittance to appropriate authorities within the Indian regulations and laws remains the sole responsibility and liability of the Seller. Dufa does not collect or make tax payments on any Seller's behalf.

By using the Dufa you agree that Dufa is not responsible for determining taxation applicable to Sellers and that as a Seller you will ensure all proper taxes are remitted to the respective Indian Tax Authorities.

Fees, taxes, and payments to be made can be referred at Fees & Payments Policy.

10. Termination:

1. Termination by You:

We would hate to see you go, but you may terminate your account with Dufa at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Also, you shall be liable to pay any outstanding bills post termination of your account.

2. Termination by Dufa:

We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services.

3. If you or Dufa terminate your account, you may lose any information associated with your account, including Your Content.

4. Discontinue the Services:

Dufa reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

11. Warranties

This App is provided “as is” without any representations or warranties, express or implied. Dufa makes no representations or warranties in relation to this App or the information and materials provided on this App. The services and the content are provided on an “as is,” “where is, “where available” and “as available” basis. You acknowledge that any reliance on or use of the App, the Services and the content is at your sole risk.

Without prejudice to the generality of the foregoing paragraph, Dufa does not warrant that:

• the Services in this App will be available at any particular time or constantly available; or
• any defects or errors will be corrected immediately; or
• the Services will be free of viruses or other harmful materials.

Nothing on this App constitutes, or is meant to constitute, advice of any kind.

12. Limitations of Liability:

1. Content You Access:

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Dufa is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

2. People You Interact With:

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users.

3. Third-Party Services:

Our Services may contain links to third-party websites or services that we do not own or control (for example, links to YouTube, Facebook and Instagram). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Dufa is not a party to those agreements; they are solely between you and the third party.

4. Liability Limits:

To the fullest extent permitted by law, neither Dufa, nor our Employees or Directors, Agents, Successors and Assigns shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms.

YOU SPECIFICALLY AGREE THAT DUFA WILL NOT BE LIABLE FOR ANY USERS’ CONTENT OR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT YOU ASSUME THE FULL RISK OF HARM OR DAMAGE FROM THE FOREGOING.

13. Indemnification:

We hope this never happens, but if Dufa gets sued because of something that you did, you agree to defend and indemnify us. That means you will defend Dufa (including any of our Employees, Directors, Agents, Successors and Assigns) and hold us harmless from any legal claim or demand (including without limitation legal expenses and any amounts paid by Dufa to a third party in settlement of a claim or dispute on the advice of Dufa's Legal Advisors) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

14. Law and Jurisdiction:

If you are upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services.

These Terms will be governed by and construed in accordance with the laws of India, and any dispute relating to these Terms will be subject to the non-exclusive jurisdiction of the Bangalore High Court.

15. Variation in Terms:

We may update these Terms from time to time. Revised Terms will apply to the use of this App from the date of the publication of the Revised Terms on Dufa unless otherwise specified. Please check this page regularly to ensure you are familiar with the current version.

You are responsible for reviewing any variation in Terms. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

16. Severability:

If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

17. Entire Agreement:

These Terms constitute the entire agreement between you and Dufa in relation to your use of this App, and supersede any other agreement between you and Dufa regarding the Services.

18. Contact Information:

If you have any questions about the Terms, please e-mail us at support@dufa.in 

 

Last updated on: December 15, 2020