GENERAL
These Terms and Conditions (hereinafter referred to as “Terms”) for use of Dazify Ecommerce Private Limited which includes Products, Website and other related services (hereinafter referred to as “Platform”) was last updated as on 19th August, 2023. These Terms are effective as of 19th August, 2023.
These Terms constitute an electronic record in terms of Information Technology Act, 2000 including all its amendments and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms are legally binding document between Dazify Ecommerce Private Limited, Brand Name PlugGear (hereinafter referred to as “us”, “we”, “Company” or “PlugGear") and the potential users (hereinafter referred to "You" /"Your" / "Yourself"). These terms will be effective upon your acceptance of the same from your designated electronic mail address or in any other form of electronic record including, if applicable or provided, clicking on the check box of “I Agree” / “Accept” button or by any other means which construe your acceptance of these Terms. We reserve the right to refuse service to anyone for any reason at any time. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 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.
Please read these Terms of Service carefully before accessing or using our website. Your access or use of PlugGear products, website located at URL: https://pluggear.com//(“Site”), mobile site, mobile application (collectively called as “Platform”), is conditioned on your acceptance, without modification, of these Terms. If you do not agree with these Terms or Privacy Policy, please do not use this Platform. You hereby provide your unconditional consent or agreements to PlugGear as provided under section 43A and section 72A of Information Technology Act, 2000. Should you disagree with this Terms and still continue to access the Platform, PlugGear disclaim all the liabilities arising therefrom and it shall be assumed by your continued use of the Platform that you have accepted these Terms and Privacy Policy available on the Platform including any changes therein from time to time. Any access to our Platform through subscription is non-transferable. In the event of any discrepancy between the Terms and any other policies with respect to the Products, Platform, the provisions of the Terms shall prevail.
ABOUT PlugGear
PlugGear is the Brand Name of Dazify Ecommerce Private Limited, which is incorporated as a Company under COMPANIES ACT, 2013 having CIN: U47912HR2023PTC111266 and having registered office at 2nd Floor, Plot no. 4, Office No 8A, Minarch Tower, Sector 44, Gurugram, Haryana, 122003. The Platform is owned, registered and operated by the Company.
PlugGear PLATFORM
TERMS SUBJECT TO CHANGE
PlugGear reserves the right to update or modify these Terms or any other aspect or feature provided by the Platform without any prior notice. Your access of the Website and use of the Services following any such change constitutes your agreement to follow and be bound by these Terms, as updated or modified. For this reason, we encourage you to review these Terms or any other aspects and features each time you access and use the Services. Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ELIGIBILITY
PRODUCTS
PlugGear enables the sale of variety of products on its Platform. Each product on the Platform is sold subject to its product description. While PlugGear strives to provide accurate descriptions, pricing details and other information about the products appearing on the Platform, it is likely that certain typographical or other errors may appear on the Platform which may not always reflect the inaccurate position while you are placing the order. In such an event, PlugGear may, at its discretion, contact you for instructions or cancel your order and notify you of such cancelations. 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. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour 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 any time without notice, at the sole discretion of the company.
PRICING
The pricing information relating to the product shall be disclosed to you at the time of your purchase. PlugGear does not guarantee that the price will be the lowest in the city, region, or geography. Prices and availability are subject to change without notice or any consequential liability to you. PlugGear will have the right to modify the price of the product and contact you for further instructions via the e-mail address provided by you at the time of registration or cancel the order and notify you of such cancellation. If PlugGear cancels the order after the payment has been processed, the entire amount will be remitted to your account from which the payment was made subject to banking protocols. PlugGear shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SHIPPING AND DELIVERY
OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
REGISTRATION
CHARGES
Payment Methods
ASSIGNMENT OF RIGHTS
You shall not assign or transfer any rights, obligations, or privileges that you have under these Terms without the prior written consent of PlugGear. Subject to the foregoing, these Terms will be binding on your legal heirs, successors and permitted assignees. Any assignment or transfer in violation of this clause will be deemed null and void. PlugGear may transfer rights under the Terms to any third parties without the requirement of intimating you or seeking your consent.
AGREEMENT TO RECEIVE MAILS & PHONE CALLS
You hereby by way of accepting these Terms consent to the receipt of communication from us by way of e-mails, newsletters, WhatsApp messages & Phone calls.
USER DISCRETION AND OPT OUT
You agree and acknowledge that you will adhere to the Terms out of your free will. You have an option not to accept the Terms or later on withdraw your consent so provided herein by sending an email to the grievance officer at or such other electronic address as may be notified to You. The Company may deny you access from using certain services offered on the Platform.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. PlugGear may suspend, restrict, block, cancel your registration if you breach these terms or the privacy policy, Infringement of any intellectual property rights, violation of any applicable laws or for any reasonable purposes. If 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).
EXCHANGE AND RETURN POLICY
Exchange, return and/ or cancellation of your order placed on the Platform can be made, subject to certain conditions laid down under the Exchange & Return Policy. You are therefore requested to review the Exchange & Return Policy.
CONFIDENTIALITY
You will not without obtaining prior written consent of PlugGear, disclose any information provided to you including the User list, customers list, name and addresses, ideas, business model, processes, concepts etc. relating to PlugGear or the Platform to any third party Confidential Information that is disclosed to you during the term of your use of the Platform.
You acknowledge and agree that the Confidential Information so provided to you shall at all times be the property of PlugGear and any breach of the same shall cause irreparable damage to PlugGear.
WARRANTIES
LIMITATION OF LIABILITY
In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the access, use or performance of the services, functions and features or for interruptions, delay, etc., even if we were advised of the possibility of damages resulting from the cost of getting substitute facilities on the services, any services, data, information or services purchased or obtained or messages received or transactions entered into through or from the services, unauthorised access to or alteration of your transmissions or data statements or conduct of anyone on the services, or inability to use the services, the provision of or failure to provide the functions and features, whether based on contract, tort, negligence, strict liability or otherwise. This clause shall survive in perpetuity.
To the maximum extent that is permissible under law, PlugGear’s liability shall be limited to an amount equal to the Products purchased value bought by You.
FURTHER ACKNOWLEDGEMENTS
You hereby further acknowledge and agree that the Terms are clear and easily accessible and provide statements of the Company policies and practices with respect to the use to access of the services provided through its Platform.
SEVERABILITY
If any provision of this Terms shall be found by the Government or administrative body of competent jurisdiction to be invalid or unenforceable it shall be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect and the remaining provisions of the Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
FORCE MAJEURE
PlugGear shall not be liable for failing to perform, or delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by an event substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental authority in its sovereign or contractual capacity (including but not limited to declaration of lockdown), war, terrorism, floods, fire, strikes, epidemics, pandemics, civil unrest or riots, and/or power outage or grid failure.
GOVERNING LAW AND JURISDICTION
In the event of any dispute arising between the parties with respect to this Policy, the same shall be referred to the sole arbitrator and the arbitration shall be in accordance with Arbitration and Conciliation Act of 1996. The seat and place of arbitration shall be Gurgaon, India and the decision of the Arbitrator shall be final and binding on both parties herein. The language of arbitration proceedings shall be English.
This Agreement shall be subject to the exclusive jurisdiction of courts in Gurgaon, India and shall be governed by the Indian laws.
GRIEVANCES REDRESSAL
For any Grievance you may contact the Grievances Officer, who shall undertake all reasonable efforts to address your grievances at the earliest possible opportunity. You may contact us at:
Grievance Officer: Vishnu Goyal
Address: 2nd Floor, Plot no. 4, Office No 8A , Minarch Tower, Sector 44, Gurugram, Haryana, 122003
Email - support@pluggear.com