TERMS AND CONDITIONS

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This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.dreamak.in Online Platform.

The domain name www.dreamak.in (hereinafter referred to as "Online Platform, Platform or Platform") is owned by Dreamak Technologies Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Venatt House, Nayarambalalm PO, Ernakulam, Kerala- 682 019 India (hereinafter referred to as "Dreamak").

Your use of the Dreamak Online Platform and services and tools are governed by the following terms and conditions ( "Terms of Use" ) as applicable to the Dreamak Online Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Online Platform, You shall be subject to the policies that are applicable to the Online Platform for such transaction. By mere use of the Online Platform, You shall be contracting with Dreamak Technologies Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Dreamak.

These Terms of Use of the Platform located at the URL www.dreamak.in and mobile application under the name "Dreamak" (the Platform/Mobile Applications) is between Dreamak Technologies Private Limited (hereinafter referred to as "Dreamak" or "We" or "Us" or "Our") and the guest users or registered users of the Platform/Mobile application (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which Dreamak offers You access to the Platform and such other services as are incidental and ancillary thereto ("Services").

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Merchant Reviews, Product Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.

Dreamak Technologies Private Limited reserves the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Online Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Online Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Dreamak Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

USER RESPONSIBILITY AND OBLIGATIONS

You may access and use the Online Platform and the Services either as a registered user or as a guest user. However, not all sections of the Online Platform will be accessible to guest users.

Registered Users- Dreamak makes certain sections of the Services available to users through the Platform only if You have provided Dremak certain required Personal Information (Refer to Privacy Policy to know more about the Personal Information captured at various steps by Dreamak Platform)and created an account.

In the event You register as a User by creating an Account in order to avail of the Services provided by the Platform, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account.

By Registering as a user, agrees to;

  1. You shall immediately notify Dreamak of any unauthorized use of Your Account Information or any other breach of security, and
  2. You shall ensure that You exit from Your Account at the end of each session in case You use Dreamak Platform. Dreamak cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Dreamak or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
  3. You shall ensure that the Account Information provided by You in the Platform registration form is complete, accurate and up-to-date.
  4. You also agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, Dreamak will have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform/Mobile Application.

Note: Use of another user's Account Information for availing the Services is expressly prohibited.

Guest Users: Dreamak allows only limited access to the Services for Guest Users, users who have not registered with Dreamak platform or Logged in to the Platform. All such users will be able to browse the platform and use the Services for the purpose of purchasing goods, and placing orders. However, Users may not be eligible for benefits reserved for our registered users.

Subject to compliance with the Agreement(s), Dreamak grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Platform and the Services provided therein.

As a registered/guest user on the platform, You also agree to the below given clauses;

  1. You agree to adhere to all limitations on dissemination, use and reproduction of any materials that includes the product images, catalogues, contents that Your access on the Platform
  2. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform. And hence, You agree not to access (or attempt to access) the Platform by any means other than through the interfaces that are provided by Dreamak.
  3. The Platform may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Platform, as well as submit any suggestions, comments, questions or other related information pertaining Dreamak using the Platform / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Platform.
  4. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]
  5. You also represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Dreamak does not endorse any User Content on the Platform and is not responsible or liable for any User Content. Dreamak reserve the right to disable access to the User Content on the Platform.
  6. You hereby grant Dreamak Technologies a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content.
  7. You agree, understand and acknowledge that the
    • Platform Definition- Dreamak is electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically explore the merchants within the city, communicate with them, engage in commerce and transact. You further agree and acknowledge that Dreamak is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Platform. Dreamak is not the seller of the Products.
    • Purchase from the Platform- You warrant that any contract for the sale / purchase of Products on the Platform is a bipartite contract between You and the Merchants (if You are a Buyer) or You and the buyer (if You are a Merchant). Dreamak neither recommends You to buy or sell any Products on the Platform nor does Dreamak endorses any such Products and nor does Dreamak provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Platform. Further, Dreamak does not guarantee, warranty or provide any assurance on the behaviour of any User of the Platform including any guarantee, warranty or assurance that any User (whether buyer or merchant) will complete any transaction or act in a prudent manner. Howerever, Dreamak will take all the possible measures to ensure the best possible practices on the platform by both the parties (buyers and sellers) by implementing strict policies and practices.
    • Content on the Platform- When you use the Platform and/or the Services You specifically undertake not to add, display, upload, modify, publish, transmit, update or share any information or Content that:
      • belongs to another person and to which the User does not have any right to;
      • is grossly harmful, hateful, libelous, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
      • harms minors in any way;
      • impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity (Dreamak will not be party to such offences if the third party issues a legal warrant against You for such content);
      • threatens the unity, integrity, defense, security or sovereignty of the Republic of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
      • infringes any patent, trademark, copyright or other proprietary rights;
      • contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
      • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • Prohibited Use of Dreamak Plaform- You agree that
      • You will not engage in any activity that interferes with or disrupts access to the Platform or the Services (or the servers and networks which are connected to the Platform);
      • attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Dreamak server, or to any of the Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
      • probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform.
      • You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other customer of Dreamak, including any User Account not owned by You, to its source, or exploit the Platform or Service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information Refer to Privacy Policy , other than Your own information, as provided for by the Platform;
      • disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platforms or any affiliated or linked sites;
      • use the Platform or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Dreamak or other third parties;
      • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
      • violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; violate any applicable laws or regulations for the time being in force within or outside India;
      • violate the terms of the Agreement.
      • agrees that User is solely responsible to Dreamak and to any third party for any breach of Your obligations under these Terms of Use or other Agreements/Warrants and for the consequences (including any loss or damage which Dreamak or its affiliates or its merchant may suffer) for any such breach.
  8. Dreamak at its sole discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Platform if We determine in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where We reserve the rights to remove any User Content from the Platform, Dreamak will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in manner negate or dilute Dreamak’s position as an intermediary or impose any liability on Dreamak with respect to User Content.

PRODUCT PURCHASE

  1. Dreamak is only an Online Platform that can be utilized by Users to reach a larger base to buy and sell products or services from the Merchants in a city. Dremak is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer.
  2. User by registering with Dreamak Platform agrees that the product or service purchased from the platform will be used strictly for self-consumption and will not sell, resell, barter or in any way used for any commercial purposes or for profit. User hereby acknowledges that the Products or Service purchased are not transferable to any third party for profit or not for any commercial activities.
  3. Users are strictly prohibited to use the offers/discounts/vouchers for any commercial activities or associate with any commercial activities without prior approval from Dreamak. Dreamak reserves the right to remove such users from the Platform and take necessary actions not limited to legal actions against User under applicable laws.
  4. Dreamak reserves the right to cancel any orders that classify as 'Bulk Order' as determined by Dreamak, Our Affiliates or by Merchant. User may be removed from the using the Platform for Suspected Fraud or using Platform for Commercial Activities. Any benefits provided by Dreamak and used by You for placing the 'Bulk Order' will not be refunded. Orders are classified under Bulk Orders are;
    • Products orders for commercial resale
    • Multiple orders for the same products at the same Address
    • Order for a product beyond a specified quantity by same user
  5. Suspected Fraud- Dreamak Reserves the rights to classify the Users (Both Buyers and Merchants) under Suspected Fraud category and restrict from using or accessing the Platform but not limited to necessary legal actions against user for such activities. The following actions on the platform will be considered for suspected fraud;
    • Incorrect information provided while purchasing the order that includes the Personal information
    • Multiple Return/Exchange requests
    • Brand Infringement (Violating the Trademark, Copyrights and other related laws applicable for a brand) by merchants while fulfilling the order
    • Continuous Product complaints against a merchant
    • Continuous Payment declines while completing the order for Online Transactions
    • Incorrect Address or denying the Order during Order Delivery
  6. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.
  7. In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible due to the size of the products or the inability of the handle the orders in single delivery. Each product can be tracked seperate in the ‘Order History’ page.
  8. Dremak does not make any representation or warranty as to the Product/Service specifications (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the information provided of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf. However, Dreamak does the best to provide the best of service by performing the initial verification and documentation while onboarding Merchants.
  9. All the Product related enquiries, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. Manufacturer or Merchant is solely responsible to provide the product related services and You agree that Dreamak is an intermediary to connect both the parties on the Platform.
  10. In case the User contacts Dreamak for any product related queries or concerns, We may inform the Merchant to provide or facilitate the provision of such services to the Buyer. Dreamk is not and shall not be obliged to provide any such additional services. Dreamak’s role in relation to facilitating such services shall be limited to facilitating communication between the buyer and the merchant for the purpose of provision of such additional services.

PAYMENTS, CHARGES & REFUNDS

Registration on the Platform is free for Buyers, charges applicable for listing the merchant will be communicated seperate while onboarding a merchant. Dremak does not charge any fee for browsing and purchasing on the Platform. However, Dreamak may charge Users certain fees for the use of the Platform and Services as a whole, or certain features of the Platform. You agree to pay any fees, as may be applicable to the Services that You use. Dreamak will try to ensure that You are made aware of the applicability of any fees for a particular use of the Platform as well as the amount of fees payable by You i such cases. You agree that Dreamak may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such a change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes. You also agrees that;

  1. Dreamak does not take any responsibility or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
    • Lack of authorization for transaction/s
    • Exceeding the preset limit mutually agreed by You and between Bank/s
    • Any payment issues arising out of the transaction
    • Decline of transaction for any other reason/s
    • Due to internet connectivity
  2. All the Payments made on the platform against a Purchase or Service on Dreamak platform shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform does not facilitate transaction on any other form of currency for Purchase/Service made on the Platform.
  3. You are required to submit valid documents (Govt. issued ID cards, PAN Card, Address Proof) as per the laws by regulatory bodies for transaction value beyond specified limit to establish the ownership of the payment instrument (Payment Instrument meant to be Debit Card, Credit Card, Net Banking, or any other Payment channels integrated on the Dremak platform to facilitate online payment for purchase or availing service/s on the platform) used by you for your purchase on the Platform.
  4. User understands, accepts and agrees that the Payment Channels facilitated on the Platform by Dreamak is neither a banking nor financial services to Users but is purely a facilitator providing an electronic, online electronic payment, receiving payment through Cash On Delivery/Pickup (COD/P), collection and remittance facility for the transactions against a purchase or service on the Dreamak Platform using the existing authorized banking infrastructure (Meant to be Direct Bank Gateway for Online Transactions/ or any authorised Payment Gateway). Further, by providing Payment Facility, Dreamak is neither acting as trustees nor acting in a Legal entity with respect to the Transaction or the Transaction Price.
  5. You as a Buyer agrees that the Payment for the purchase or service will be made as per the invoice raised during the procedure either via Online Payment channels facilitated by Dreamak or during the Delivery of Product/Service without any failure. You also agree and confirm Payment amount and terms of payment while confirming the purchase or service on the Platform.
  6. Refund, if any, shall be made at the same Issuing Bank from where Transaction Amount (Amount confirmed by the User while confirming the purchase/service) was received as chosen by You. Cancellation/Refund Policy
  7. Refunds, if any, shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI) irrespective of the mode of payments (Online, Cash on Delivery/Pickup, Wallet). Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Amount received in Indian Rupees.
  8. In case the Issuing Bank does not support the Refund process User will be required to share alternate bank account details with Dreamak for processing the refund.
  9. Refund, if any, will be initiated within 48 hours and credited within 10 Banking Days from the date of refund request/successful approval of product acceptance by Merchant on product return.
  10. In case the online transaction fails due to technical issues (meant to be and not limited to poor internet connectivity, forced cancellation, failure at bank side/Payment gateway side, technical errors at the system level or for any other reason) and amount gets debited from user account, User will be required to contact the Issuing Bank. If the transaction is failed at the Payment Gateway level or at the Bank level Payment will be reversed to user account within 7 Bank Days. If the transaction gets successful at Dreamak’s side without having a confirmation, Amount will be transferred to user account within 5 Banking days.
  11. As per the mandate of the regulatory bodies, User will be required to upload the PAN card to the system for transaction amount equal or above Indian Rupee 2,00,000 within 7 days from the transaction date, failing which, the purchase made by the Customer will be cancelled. Dreamak Reserves the right to cancel the transaction in case there is any discrepancy between the name of the Customer and the name on the PAN Card.
  12. Buyer and Merchant will be required to comply with all applicable laws applicable to them respectively for using Payment Facility and Dreamak Platform that include but not limited to;
    • Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008
    • Foreign Exchange Management Act, 1999
    • Exchange Control Manual
    • Customs Act
    • Prevention of Money Laundering Act, 2002
    • Foreign Contribution Regulation Act, 1976
    • Income Tax Act, 1961
    • Export Import Policy of Government of India)
    • And, all the rules, policies and notifications issued under the above Acts
  13. User Agrees, accepts and acknowledges that all the Online transactions made on the Dreamak Platform are from Valid and Bank Accounts provided by an existing and authorised Issuing Bank which support Payment Facility to provide online banking facilities to the Users.

DREAMAK COMMUNICATIONS

By registering with Dreamak or communicate with any means of channels (Channel meant to be Dreamak Platform, Emails, Chats, Text Messages) provided by Dreamak platform, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required.

INTELLECTUAL PROPERTY RIGHTS

dreamak.in is owned and managed under copyright act by Dreamak Technologies Pvt Ltd. All aspects of Dreamak Platform, such as the designs, transactional flow, look and feel, contents, graphics and images including logo are protected under the copyright act. As the law enforces, users are restricted from downloading, reusing, reconfiguring or imitating any of the proprietary material. Any such activity is expressly prohibited without prior permission of Dreamak Technologies Pvt Ltd. or written consent of owner. If Dreamak Technologies Pvt Ltd identifies that any user engaged in such activities; appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Country without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

DISPUTE RESOLUTION MANAGEMENT

Dreamak Technologies Pvt Ltd reserves the right to manage, resolve or decline the disputes with user. Any disputes raised by Users will be processed by the Dreamak and notify the user on acceptance of dispute, via mail along with complaint number. Dreamak Technologies Pvt Ltd will enquire the complaint and based on the findings user will be receiving the response from Dreamak Technologies Pvt Ltd within 7 working days from the day of complaint. If the user is not satisfied with the resolution, the parties agree to resolve the matter amicably vide arbitration under the Indian Arbitration & Conciliation Act, 1996. The venue of the arbitration shall be Cochin, India. The language of the arbitration shall be English.

CHANGES TO THE ‘TERMS & CONDITIONS’ AND OTHER POLICIES

Dreamak Technologies Pvt Ltd reserves the right, at our sole discretion, to modify, delete or replace the terms and conditions or any other policies at any time, with or without prior notice to the user. . What constitutes a material change will be determined at our sole discretion. We ensure our sincere effort to bring the changes via mail and application to accept the changes. We request the users and service partners to visit the policies and terms & conditions at a certain frequency to update the same. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

help@dreamak.in | User Support Number- +91 97 4644 8730

DREAMAK/Policy/Terms & Conditions-Ver 0.1 Updated as on 25 July, 2019