GENERAL TERMS OF USE OF WEBSITE/APP
These Website and other applications to showcase products from different sellers (“T & C’’) are published
in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines)
Rules, 2011. These Terms are an ‘electronic record’ as categorized under section 2(t) of the Information
Technology Act, 2000 and the Rules thereunder. Being an electronic record, the terms are generated by a
computer system and do not require any physical or digital signatures. Wherever website/site/app is
mentioned, by default it means the T & C are applicable for both website and mobile applications, even if
any of the term is missing.
I. INTRODUCTION
The site www.dfynliving.com ("Site/app") is operated by DFYN LIVING, a company incorporated under
the Companies Act, 1956 having its registered office at Gurgaon, India. Use of the Website and its
services is governed by these Terms and Conditions (“T & C”).
By using the Website or app, users agree that they have carefully read, understood and comply by these
Terms. When users transact or browse through any product or services provided by DFYN anytime of the
year or till the validity of the sites/app, they accept and agree to be bound by these terms, policies,
guidelines, and conditions of DFYN’s service at any given point of browsing or using any facilities provided
by the app.
These Terms could be changed, altered, edited, amended, modified, reviewed, revised or substituted by
DFYN at any time with or without prior notice and users are requested to read the Terms before using or
accessing the Website.
II. WEBTITE OR MOBILE APPLICATION SERVICES
The Website or app is a platform that users utilize to communicate and transact with one another (sellers
and customers). DFYN is not and cannot be a party to control in any manner any transaction between the
customers and sellers. DFYN is only showcasing seller products to the expected customers of products.
The purchase of products or services on the website/app are governed by the terms and condition of sale
which could be decided either by DFYN, Seller of the Products or both. There are places where T and C is
not defined explicitly in the app or the site and in that case, it is on seller to take the ownership of any
dispute related to quality of the product being delivered, original price shown at DFYN which is decided
only by the seller and other sites, refunds and returns.
Shipment and Delivery including return, if fulfilled by DFYN is subject to discussion between seller, DFYN
and logistics partner. We shall soon introduce insurance to reduce shipment related disputes.
DFYN is just a medium to promote these products to the customers via its platforms through showcasing
products and various modes of advertisements. To help the seller, DFYN will enable logistics partner, only
in case sellers want to use. If any seller is using its own partner, users will be able to identify from the
app. If in future, DFYN decides to invest in any of the brands, there will be no intentional unpaid
preference to any of the products/services of the brands listed. The manner in which a product or brand
is listed is based on paid promotion packages a seller decides to use for home page, and randomly places
by technology for product listing page.
The promotional banners, products shall have ‘Ad’ marked if it is paid. As of now, no product display is
paid so as to remove bias among sellers’ growth.
The Website/App is only a platform that can be used by users to reach a larger base to buy and sell
products. DFYN is only providing a platform for communication and the contract for sale of the
products/services shall be a strictly bipartite contract between the buyer and the seller. At no time shall
DFYN hold any right, title or interest over the products or have any obligations or liabilities in respect of
such bipartite contract entered into between the buyer and seller, which both the seller and customer
decides to agree while onboarding on the application/site.
Sellers may upload and display the images and information of their products offered for sale on DFYN’s
online platforms from seller’s end via seller’s app and soon, seller’s website shall be launched. Such
display of the user’s products or related information on the Website/App in no manner can be treated or
construed as an endorsement or advertisement of such products by DFYN unless specifically mentioned.
The information provided is by the seller only and any mismatch of information and misinformation is not
DFYN’s responsibility. In no way, DFYN promises to validate such information. If found guilty, the users
(sellers or customers) shall be banned from the site and shall be informed to legal authorities of both
home and selling countries. Fake Products, if found shall be subjected to legal trial if they fail to replace,
remove and discontinue repeating such mistakes.
Provision of a specific service through the online platform of the Website/App will be subject to users
agreeing and consenting to certain additional terms, rules, policies, procedures, guidelines, disclaimers,
notices or otherwise, if any, as applicable to such service as “Additional Terms’’ and if there is any
conflict between the Terms of Use and the Additional Terms of product, promotion, etc., the Additional
Terms shall take precedence in relation to that specific service. If that does not clarify, then the T and C
stating that other than providing a platform for sellers to make an online presence, DFYN has no
responsibility in any of the tasks carried through the site/app regarding the product ‘which is owned by
the seller and bought by the customer’.
Customers should give their personal data knowing that DFYN or its employees are not storing any
information at a personal level and any such information provided could be seen by sellers, 3rd party
delivery/other associated companies, others and it is on customer or users to weigh the risks of revealing
such information.
It is suggested by DFYN for sellers to use correct business information and users to use a pen name. In no
point of time, customers should reveal any data on addresses, family members, occupation, card details
PIN via phone or other means unless they are sure of talking to DFYN Team on payments and refunds via
authorized email/calling number of DFYN. The authorized numbers shall be updated in the page, and
sellers will be informed via official emails through xyz@dfynliving.com
III. ELIGIBILITY
The user should have completed 18 years of age and be competent to enter into a contract under Indian
contract law. Any user under 18 years of age who is intending to avail the services of the Website should
do so through his or her legal guardian in accordance with applicable law. Anyone faking age is not
DFYN’s responsibility.
If any person is using the Website/App on behalf of any corporation, company, institution, association or
other entity, the person should be authorized by such corporation, company, institution, association or
other entity to use and access the Website or mobile apps. DFYN doesn’t promise any person or
organization to verify the data provided by the users as a mandatory act. Complete anonymity is
attempted to be maintained for customers to preserve privacy.
DFYN reserves the right to refuse access to use the services offered at the Website/App to new users or
to terminate access granted to existing users at any time without citing any reasons for doing so.
IV. REGISTRATION
The user cannot browse the complete Website’/App without registering with DFYN. The user has to set
up an account with the Website/App before availing any online services including browsing provided
through the Website/App. The user can create an account by entering a mobile number and password.
The mobile number provided is not verified as per the name of the customer by DFYN and hence, it is
advisable for the user to provide a valid number to get the OTP. DFYN does not take responsibility of
matching the current owners of same mobile with the owners in the past or future. A user can also create
and update an account through Customer Support by calling on the customer support number but they
need to do it on their phone. It is user’s responsibility to not share the password to anyone and
remember the password.
A user can create one user account only under one mobile number and no user is permitted to transfer or
interchange the User Account. The list of user information required to be provided by the user, the
manner of usage, protection and confidentiality of user information and account information are more
specifically dealt under the Website’s Privacy Policy and the users are requested to also read in detail the
Privacy Policy before sharing user information or creating an account.
V. JURISDICTION
If Website/App is used from outside or within India, it is entirely at the user’s risk. The Website makes no
representation that its contents and other features are available or otherwise suitable for use outside
India. If the Website is used and accessed from or in locations outside India, the user shall ensure that the
usage of the Website is legal and valid under applicable law of the user’s location. The user agrees to
undertake all liabilities, responsibilities and consequences under applicable law in connection with the
use of the Website from or in any location outside India. The user accessing the Website from any
location outside India agrees and consents to enter into separate or additional terms as may be required
by DFYN at any time. DFYN is not responsible for any sort of issues arising from accessing using VPN, fake
GPS or other tools to mask the real location.
And requirement of using DFYN via 3rd party website, setting changes, approvals by 3rd parties is not
DFYN’s responsibility and the risks should be evaluated by the user.
VI. USER COVENANTS
The user agrees to use the Website/App and the materials provided only for purposes that are permitted
by these Terms and any applicable law for browsing and buying a product. The user shall not use or
access the Website in a manner that prejudicially affects the interests and goodwill of DFYN or its
affiliates or associates or in any way attempt to use the details of the app to reveal information to DFYN’s
or seller’s competitors.
The user agrees and undertakes that the reviews, comments and other information provided or posted or
uploaded on the Website/App are not false, incomplete, distorted, manipulated, fraudulent or
misleading. For example, user agrees and undertakes that when using or accessing the Website/App, user
will not host, display, upload, modify, transmit, update or share any information (“Objectionable
Content”) that:
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belongs to another person and to which the user does not have any right to,
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is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
libellous, invasive of another’s privacy, hateful, or racially, ethnically, objectionable, disparaging,
relating or encouraging money laundering or gambling or otherwise unlawful in any manner
whatsoever, but the decision on the nature of content not limited to one person’s, groups united
for single agenda or a particular group’s opinion, -
harms minors in any way,
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is harmful or insulting to any gender incl. ‘them’ or others in LGBTQ
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infringes any patent, trademark, copyright or other proprietary rights – ‘knowingly’. If it happens
unknowingly, users may inform DFYN at the earliest -
violates any law for the time being in force,
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deceives or misleads the addressee about the origin of such messages or communicates any
information, which is grossly offensive or menacing in nature -
impersonate another person or copy a brand that breaks the copyright rules
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contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource that is being brought into scen
intentionally to obtain any information about DFYN/Sellers/Customers, -
threatens the unity, integrity, defence, security or sovereignty of India or any other country,
relations with foreign states, public order or incites any offensive attitude by anyone which is
proven wrong by law or prevents investigation of any offence -
Reveals non-public details of DFYN and its users to other sites/ brands or other companies
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Spreads mis – information about DFYN to tarnish the company image
The user shall not use any deep-link, robot, spider or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual or automated processes to access, acquire, copy or
monitor any portion of the Website/App or its contents, or in any way reproduce or circumvent the
navigational structure or presentation of the Website/App in complete form or copy majority of the
pattern (Ui/UX, navigational flow structures), materials or its contents, to obtain or attempt to obtain any
materials, documents or information through any means not specifically made available through the
platforms.
The user may not access (or attempt to access) any of the services by any means other than through the
interface that is provided through the Website/App, unless user have been specifically allowed to do so in
a separate agreement with DFYN under any role professionally. The user should not do anything that
disables, overburdens, or impair the proper functioning of the Website/App. Users should specifically
agree that they will not engage in any activity that interferes with or disrupts the services or the servers
and networks which are connected to the services provided through the Website/App. User shall
highlight any issue with respect to DFYN in private messages/mails (no calls) to DFYN mentioned in
contact us section and not in public forums until they have waited for a reply from DFYN within a year
under normal circumstances of countries, lives and laws.
The user undertakes not to attempt to circumvent or modify any security technology or software that is a
part of the Website/App. The user also agrees not to engage or assist any other person, to circumvent or
modify any security technology or software that is part of the Website/App. The user should also not
obscure or obstruct any features of the Website/App. The user undertakes not to copy, modify, create a
derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the
Website/App or any part thereof without a specific written permission from DFYN management to do so
in a legally bonded manner. Management head comprises of 1 Director with maximum shares, CEO, CSO
only. The details can be given only by DFYN if they wish to do so.
The Website/App lists multiple products for sale offered by sellers and hosts comments of numerous
users on social media etc. and it is not possible for DFYN to be aware of the contents of each product
listed for sale, or each comment or review if displayed in any external platforms like Instagram, You Tube,
others. The user acknowledges and agrees that by accessing or using the Website/App or availing the
services, user may be exposed to content that the user may consider offensive, indecent or otherwise
objectionable. DFYN disclaims all liabilities arising in relation to such Objectionable/Misleading Content
on the Website/App. Any user if exposed to such Objectionable Content is requested to immediately
report the same to the Grievance Officer via the contact address provided under these Terms and the
Website and DFYN will attempt to remove such content as soon as possible after investigation.
The user agrees and acknowledges that DFYN is not the seller of the products and DFYN shall in no
manner be deemed to be the seller of the products on the Website/App. DFYN is only facilitating
purchase of the products by the user from the vendors/sellers by providing access to the Website/App to
both the parties.
The user expressly consents to receive communications from DFYN in relation to the user’s use and
access of the Website and its services and agrees that such communications shall not be treated as an
unsolicited communication.
If any user receives information via a seller through DFYN’s platform, it should be considered as an
independent act by the seller to use the features of promotion provided by DFN to the sellers. The
content, frequency and type of information sent to the users is not DFYN’s responsibility. Sellers may
obtain user details from sources other than DFYN’s platforms.
The user agrees that DFYN may, at any time, modify or discontinue all or part of the Website/App,
charge, modify or waive fees or commission, gamifications, etc. required to use the portals, or offer
opportunities to some or all Website/App users.
VII. INTERNET/HARDWARE/SOFTWARE/OTHER RELATED SEGMENTS
To use the Website/App, users would require Internet connectivity or appropriate telecommunication
links and the Website’s and App’s service does not include the provision of any computer system,
resource, terminal, server, equipment, mobile or any other devices. DFYN shall not have any
responsibility or liability towards any computer system, resource, terminal, server, equipment, mobile or
any devices necessary for user to use and access the Website nor shall be liable for any costs incurred or
breakdowns on account of the user’s Internet or other appropriate telecommunication modes.
DFYN would not be liable for damages, viruses or other code that may affect the user’s computer system,
resource, terminal, server, equipment, mobile or any other devices while using the Website and DFYN
does not ensure that the Website/App will be compatible with all hardware and software used by the
user.
The user must comply with applicable third-party terms, if any, such as mobile device agreement or
wireless data service agreement, etc. while using the Website or App. They should also agree to any
other third parties that DFYN shall partner with for delivery, marketing and others for the growth of the
company and sellers and it is the user’s choice to do so. DFYN is not responsible for any kind of
inaccessibly owing to non- agreement with these external sources associated with DFYN.
VIII. CONTENT
Any content that the user uploads, the user grants DFYN and its affiliates/partners and associates a non-
exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, publish,
distribute and display such content throughout the world in any medium or manner now known or
developed in future; and the right to use the name that the user submits in connection with such
content, if DFYN wants to do so for promotion of its seller brands/products and platforms and other
business uses.
The user agrees that the rights the user grants as above are irrevocable during the entire period of
protection of the user’s intellectual property rights associated with such content and material. The user
agrees to waive the user’s right to be identified as the author of such content and materials and the
user’s right to object to derogatory treatment of such content or material. The user agrees to perform all
further acts and execute deeds and documents necessary to perfect the above rights granted by the user
to DFYN.
The user represents and warrants that the user own all of the responsibility of the content and material
that the user posts on DFYN through the Website/App - from the date that the content or material is
submitted to the Website till the legal agreement between user and DFYN is not removed by either
parties: (i) the content and material is accurate and original; (ii) use of the content and material does not
breach any applicable Indian/other country’s law or the Website’s or App’s policies or guidelines or
Additional Terms (iii) the content and material do not breach these Terms and Privacy Policy (iv) Any
other policy which stands valid in future
IX. THIRD PARTY WEBSITES/APP/LINKS/BANNERS/PROMOTIONS/ETC
The Website and App may contain links to other Websites/Apps and DFYN’s platforms are not in any way
responsible for the terms of use of the content of such third parties and disclaims all liability associated
with the content and use of these sites. The linked websites are not under the control of DFYN and users
are encouraged to read the terms of use and privacy policy of each and every linked site. If users decide
to access any of the third-party websites linked to DFYN, it is at the risk of the users to access and use
such linked websites and DFYN shall not be responsible in any manner whatsoever.
X. INTELLECTUAL PROPERTY RIGHTS
All content included on the Website/App, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, etc. is the property of DFYN, its affiliates, associates
or its content suppliers and is protected by India and international copyright, authors' rights and
database right laws. Anyone who assumes or find the content being used without correct purchasing or
copyrighting (other than demo purposes) can respectfully bring this to DFYN’s grievance officer’s notice
via the email provided. All software used on this Website is the property of DFYN, its affiliates, associates
or its software suppliers and is protected by laws of India and international copyright authors rights and
database laws. In case any image/tool is found without DFYN giving its due copyright values, then we
request users to bring this to DFYN’s notice first. After thorough evaluation, we shall either correct to
remove the images or amend, whatever is required.
DFYN does not allow any resale or commercial use of the contents of the Website or App citing our App’s
link or name; any collection and use of any product listings, descriptions, or prices; any derivative use of
this Website/App or its contents; any downloading or copying of account information for the benefit of
another brand/marketplace etc.
The trademarks, logos and service marks displayed on the Website are the property of DFYN or its
affiliates, associates, its content suppliers or respective third parties. Users are not permitted to use them
without the prior consent of respective owners and also informing DFYN officially for the same.
DFYN owns all intellectual property rights to and into the trademark "DFYN Living” and the Website/App,
including, without limitation, any and all rights, title and interest in and to copyright, related rights,
patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta
tags, databases, text, content, graphics, icons, and hyperlink, etc. related to the business functioning of
the company.
The users agree that they shall not use or apply for registration of any marks, or domain names which are
similar to the marks or domain names used in connection with the Website/App or owned by DFYN
LIVING.
No user shall use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise,
review, adapt, translate, distribute, perform, display, sell, deal and etc. with respect to the content or the
intellectual property rights of the Website /App, content suppliers or third parties in any mode medium
or manner now known or developed in future without authorization from DFYN LIVING. If found, DFYN
reserves the right to immediately discontinue the Website/App or other form of services to that user
without prejudice. DFYN will utilize the right to initiate legal action against such users.
Users are strictly prohibited from framing or use framing techniques to enclose any content or
intellectual property on the Website/App to illegally and unlawfully exploit the content or intellectual
property rights owned by DFYN or content suppliers or third party, whoever would be the stakeholders in
such a case.
XI. CHARGES TO CUSTOMERS OR VIEWERS
Customers can use and access the Website free of charge, other than charges for product purchasing,
delivery, gamification trends, programs, or awareness techniques used in anyway only after prior
information to the user and using such services, if present, if totally optional and under the control of the
user. However, at any time in future, after duly notifying the users in advance, DFYN reserves its right to
charge the users for the use of the Website/App. There could be change in the other policies of using the
site and users shall be notified beforehand via DFYN app’s relevant sections
XII. NOTICE PROCEDURE
If any user believes that any objectionable content is hosted on the Website/App or the user’s rights are
being infringed, users shall immediately inform the Grievance Officer by following the Website’s or App’s
Notice Procedure mentioned below. DFYN will endeavour to remove such content as soon as possible
after investigation and during that period from informing DFYN management to sorting the issue, users
and any kind of person/brand/corporation/etc. is barred from taking it to the legal authorities, media,
mass public, etc. to defame DFYN. The notice period is a mandatory act.
No untrue or false information or allegations shall be made by the user and if any user is found
misusing/misinterpreting any of the activities of DFYN, the company reserves the right to terminate such
user’s account and shall take appropriate legal action against the user.
Upon receipt of a notice, DFYN will take appropriate steps for removing the infringing or objectionable
content all of which are taken without any admission as to liability and without prejudice to any rights,
remedies or defences that are reserved. DFYN shall also endeavour to forward a copy of the user’s notice
to the alleged infringer or defaulter, etc. Furthermore, in submitting a notice, the user grants to DFYN the
right to use, reproduce, publish, and display its content throughout the world in any mode, medium or
manner now known or developed in future. This includes forwarding the notice to the parties involved in
the provision of the allegedly infringing content. The User agrees to indemnify DFYN for all claims brought
by a third party against DFYN arising out of or in connection with the submission of a notice. User further
undertakes that the contents of the such notice are true and correct to the best of user’s knowledge and
belief and undertake to subject to any legal action, civil and criminal, if proven otherwise.
It is repeated and reiterated that DFYN’s role and responsibility is completed on taking down the
infringing or objectionable content as alleged in the notice and DFYN shall in no manner be liable for or to
the infringing or objectionable content. DFYN shall in no manner be involved in trying, contesting,
mediating, negotiating or conciliating the dispute or differences between the user who notifies the
objections and the user against whom the objections are raised. DFYN is just an electronic portal by
which sellers attempt to showcase products and transact to its customers.
XIII. DISCLAIMER
The User expressly agrees that the use of the Website/App is at the user’s sole risk. The Website and the
contents uploaded, provided or shared by other seller are made available to the user through the
Website on an "AS IS" basis and "AS AVAILABLE BASIS" without any warranty of any kind, express,
implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability,
accuracy, reliability, completeness, timeliness, delivery, safety, performance, safety, merchantability or
fitness etc. for a particular purpose or the legality of the products listed or displayed or transacted to the
extent permitted by applicable Indian law and DFYN does not accept any liability for any errors or
omissions.
DFYN shall not be liable or responsible for any actions or inactions of sellers or any breach of conditions,
representations or warranties by the sellers or manufacturers of the products and expressly disclaims any
and all responsibilities and liabilities in that regard. DFYN shall not mediate or resolve any dispute or
disagreement between the user and the sellers or manufacturers of the products/or any third party
involved in the business around these products. The information in form of image/content uploaded
against a brand or a product is completely a responsibility of the sellers.
In case of banners in the Ads, DFYN shall take the responsibility of pre approving the banners from the
sellers before posting for period of the contract between the seller and DFYN
DFYN through the Website/App only provides a platform that users utilize to communicate and transact
with one another (here users are customers and sellers) and DFYN may times endorse any products
displayed on the Website/app or views expressed or information uploaded by any user for the sole
purpose of marketing of the product only. In no event DFYN shall be liable for any information, content,
materials, products or services, etc. available through the Website/App or any of the products from the
brands endorsed by DFYN on a paid promotion basis valid for a particular period of time only or till
contract lasts between DFYN and the seller.
The rights, title, interest and ownership in the products that are transacted by the users through the
Website/App does not vest with DFYN and the company in question holds no right, title or ownership
over such products. The offer and acceptance of products through the Website/App is at the user’s sole
risk and DFYN accepts no liability for any errors or omissions or defaults or deficiency of any products
either offered or accepted by the users through the online or offline platforms.
Any sales that is promised to be fulfilled by DFYN by a person/system via communication over emails,
chats, calls etc. which do not have a proof of sale in the native app of DFYN is illegal and if found, both
user and seller including the agent who would be doing such activity to surpass DFYN, or illegally selling
items from sellers in the name of DFYN shall be legally notified.
DFYN hereby disclaims any guarantees of exactness as to the weight, finish, colour and appearance
(quality/quantity) of the product as ordered by and delivered to the user. Any dispute can be brought in
notice of the DFYN team but shall be dealt with seller and seller/third parties involved is answerable for
the mishap around the product purchases.
The Website/App could also be linked to third party websites and DFYN assumes no responsibility for
results obtained from the use of these websites.
DFYN makes no assurances that the Website/App is bug free. DFYN including affiliates, associates and
their respective owners, directors, officers, agents, shareholders and partners shall not be liable in any
manner with respect to the loss or damage incurred or suffered by the users on account of virus attacks
or bugs or other software or programmes that may be present or embedded while using or accessing the
Website or the app. For added safety, we encourage users to use the applications than website. In case of
any mobile phone/other technology tools associated accidents while browsing the site, DFYN should not
be held responsible in any manner. Any accidents arising from lack of mindfulness or healthy mental state
during the browsing of the app or website by DFYN is not DFYN’s responsibility.
DFYN does not guarantee that the services provided through the Website will function without
interruption or errors. The operation of the services may be interrupted due to maintenance, updates, or
system failures, virus attacks, bugs or due to any other technical reasons or otherwise. Website disclaims
all liability for losses or damages caused by any such interruption or errors in functioning. DFYN also
disclaims all liability for any malfunctioning possibility of access or poor use conditions of the
Website/App due to inappropriate equipment, disturbances related to internet services, down time or
any other event that leads to such a scenario.
To the maximum extent permitted by applicable law, DFYN will have no liability related to user content
arising under IP rights, libel, privacy, publicity, obscenity or other laws. DFYN also disclaims all liability
with respect to the misuse, loss, modification or unavailability of any user content. When the user deletes
any kind of information the user must understand that the removed content may continue in backup
copies and might show up in front end as a part of temporary technical glitches.
DFYN is not liable for any loss that the user may incur as a consequence of unauthorized usage of the user
account or account information in connection with the Website/app or any services or materials, either
with or without the user’s knowledge. DFYN shall not be liable for any third-party product ads, delivery
personnel or employees from any third party providing services to DFYN/or its sellers, the advertisement
available on e-mail or Website with respect to the third-party websites for the products and services and
such activities are for information purposes only if hosted by DFYN.
XIV. LIMITATIONS
In no event DFYN including affiliates, associates and their respective owners, directors, officers, agents,
shareholders and partners shall be liable for any loss or damage whatsoever including without limitation
to direct, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from
the use or inability to use the Website whether based on warranty, contract, tort or in any other means
or action.
Without prejudice and as a last resort, it is agreed by the user that DFYN including affiliates, associates
and their respective owners, directors, officers, agents, shareholders and partners shall not be held
cumulatively liable for any damages or claims in excess of INR 1,000/- (Rupees One Thousand) or the last
payment made by the user; whichever is lesser, subject to applicable law. If DFYN agrees to bear the
damage in higher manner of cost or scope, it will be purely DFYN’s choice and not due to force by any
legal body or users because DFYN is just providing a platform to showcase and purchase products.
XV. INDEMNITY
Users agree to indemnify and hold DFYN including affiliates, associates and their respective owners,
directors, officers, agents, shareholders and partners ‘harmless’ from and against all actions, proceedings,
claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due
to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations,
warranties or covenants of the user (iii) breach of the policies, guidelines and conditions of DFYN’s service
or Additional Terms or these Terms or Privacy Policy (including any modifications or additional
notifications or instructions); (iv) infringement of any third party rights, (v) product related
misinformation or fraud. This Clause survives the termination of these Terms and all additional terms
being brought post incident or terms around incidents other than the fact that DFYN is merely an online
platform where sellers will showcase products and publicize details at their own will and wish and users
may browse and transact as their own will and wish.
XVI. TERMINATION
DFYN reserves the right to terminate the services provided to any user without prior notice in the event
of any default committed by user including but not limited to the breach of any applicable law, policies,
guidelines, and conditions of DFYN’s service or additional terms on top of these Terms or the Privacy
Policy. On such termination, the user’s information and other details shall be black listed by the
website/app and shall be taken into consideration of using it if necessary.
DFYN will terminate the services provided to any user if it is required under any applicable law. Without
prejudice, DFYN reserves its right to terminate the services if such provision of services to the users is not
economically viable for the company. Users may choose to discontinue availing services and facilities
provided through the Website/app by closing the user account with the Website /app and sellers shall do
so by giving 3 months’ notice to DFYN and citing valid reasons that shall be taken up for discussion by the
management and only following remedial measures taken up by DFYN. No seller is allowed to remove the
rand without notice or use DFYN platform just basis mood of the management. The sellers onboarded
with DFYN is not subjected to the changes in mind of newer management when appointment by the
seller for their company. If at all they need to, they need to agree to all the terms and clauses of
termination by the seller.
On termination of the user account, the user is not eligible to purchase or sell products through the
Website/app unless the user makes a new account with DFYN. Once the user’s account is terminated for
any reason whatsoever, the contents, reviews, comments or other material posted on the Website/app
by the user shall be removed by DFYN but might be retained in the database for longer term.
It is also clarified that certain terms and conditions of the policies, guidelines and conditions of DFYN’s
services or Additional Terms or these Terms and the Privacy Policy continue to be binding on the user by
default. If any user by is found using or dealing with the Website/app’s details against DFYN in anyway
post termination of the services provided through the Website/app, the user shall be prosecuted by
DFYN. The user shall be also liable to compensate DFYN for any unauthorized use of the Website/app and
its branding ideologies, plans etc.
XVII. MISCELLANEOUS
Severability
Each of the provisions in these Terms are severable and distinct from the others and if at any time one or
more such provisions are or becomes invalid, illegal or unenforceable then the validity, legality and
enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired
thereby.
Captions
The various captions used in these Terms are for convenience purpose only and may not be used to
interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.
Partial Invalidity
If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future
applicable Indian law, (i) such provision will be fully severable; (ii) these Terms will be construed and
enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the
remaining provisions of these 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 onwards; and (iv) in lieu of such illegal,
invalid, or unenforceable provision, there will be added by DFYN - a legal, valid, and enforceable provision
to the extent possible.
Notices
For purposes of service messages and notices about the services to the users, the Website/App may or
may not place a banner notice across its pages, pop ups, etc. to alert the user to certain changes such as
modifications to these terms. Alternatively, notice may consist of an email/SMS message from the
website or app to the user. The user agrees that the DFYN may communicate with user through the user’s
account or through other means including email or mobile SMS, app push notifications, general banners
etc. Users are required to update their settings regularly to ensure that the DFYN’s service messages and
notices are received by the users timely and accurately and also, they should refresh their knowledge on
T and C post any updates.
DFYN including affiliates, associates and their respective owners, directors, officers, agents, shareholders
and partners shall have no liability for the non-receipt of the company’s service messages and notices.
The user shall not assign its rights or obligations under these Terms and the Privacy Policy to a third party.
XVIII. GOVERNING LAW AND JURISDICTION
The terms and conditions of this agreement shall be governed by Indian law and the courts in Gurgaon,
Haryana shall only have exclusive jurisdiction to resolve any disputes – as of now.
Fraud:
DFYN owners/shareholders will never misuse contact or account details of users for any purpose other
than helping the customer buy the product. Any third-party sites, personal or DFYN employees other than
core management misusing the data shall be held responsible and appropriate action against them will
be taken after thorough investigation by the DFYN management and required 3rd parties with a non-
biased approach.
Governing Law and Jurisdiction:
These terms and conditions are governed by and construed in accordance with the laws of India. You,
DFYN, and all others involved in the transaction agree to submit to the exclusive jurisdiction of the courts
at Gurgaon, Haryana. You agree to indemnify DFYN for all claims brought by a third party against it or its
affiliates arising out of or in connection with a breach of any of these terms and conditions. The relation
arising from any part of purchasing processes like product details and colour/design, payment via
gateway, insurance selection, delivery processes and personnel, packaging, returns, warranty and
guarantee, servicing, etc. is between customers and sellers /3rd parties only and DFYN is not responsible
in any manner.
NOTICE TO THE SELLERS/BRANDS/COMPANIES
The T and C for sellers/brands/companies are listed in the seller side of the portal as Additional Terms
and shall be read along with the general terms. The Additional terms will take the priority in case
confusion.
GRIEVANCE OFFICER
In case of any complaints or grievances, kindly contact:
Email ID: support@dfynliving.com
Phone number: +91 9891683219
Address: Gurgaon, NCR, India