Conditions Of Use

Welcome to DNQ Club. This document is an electronic record in terms of Information Technology Act, 2000 and published following the provisions of Rule 3) 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 DNQ Club e-commerce platform - www.dnqclub.com (hereinafter referred to as "Platform")

For these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term "DNQ Club", "We", "Us", "Our" shall mean DNQ Club and its affiliates.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller 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. We reserve 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. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the 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 Platform.

User Account and Confidentiality

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current, or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.

Services Offered

DNQ Club provides several Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, "Products"). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab on the Platform and all of which are incorporated here by reference). It is clarified that at the time of creating a return request, users are required to confirm (via a check box click) that the product being returned is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. If the return request is declined, the user shall not be eligible for a refund, and DNQ Club assumes no liability in this regard. Further, if the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and DNQ Club assumes no liability concerning the return or refund for the said re-shipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

DNQ Club does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

User Conduct and Rules on the Platform

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information which:

belongs to another person and to which You do not have any right to
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
is misleading in any way
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
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
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
contains video, photographs, or images of another person (with a minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services
infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
violates any law for the time being in force
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation
shall not be false, inaccurate or misleading
shall not create liability for Us or cause Us to lose (in whole or part) the services of Our internet service provider ("ISPs") or other suppliers

A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:

Users don't reply to the payment verification mail sent by DNQ Club
Users fail to produce adequate documents during the payment details verification
Misuse of another Users’ phone/email
Users use the invalid address, email, and phone number
Overuse of a voucher code
Use of a special voucher not tagged to the email ID used.
Users return the wrong product
Users refuse to pay for an order
Users involved in the snatch and run of any order
Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to DNQ Club
User with a very high return rate
Repeated request for monetary compensation for fake/used order

DNQ Club may cancel any order that classifies as 'Bulk Orders'/'Fraud orders' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order'/'Fraud Order' if it meets with the below-mentioned criteria, and any additional criteria as defined by DNQ Club:

Products ordered are not for self-consumption but for commercial resale
Multiple orders are placed for the same product at the same address, depending on the product category.
Bulk quantity of the same product ordered
Invalid address given in order details
Any malpractice used to place the order
Any promotional voucher used for placing the 'Bulk Order' may not be refunded
Any order placed using a technological glitch/loophole.

DNQ Club does not facilitate business-to-business transactions between Sellers and business customers. You are advised to refrain from transacting on the Platform if You intend to avail the benefits of an input tax credit.
You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuse any policy and rules of the company and interrupt or cause to interrupt, damages the use by other Users of DNQ Club.
You shall not use any false e-mail address, impersonate any person or entity, or otherwise misleads DNQ Club by sharing multiple addresses and phone numbers or transacting with malafide intentions.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or another 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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in a product or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
You shall not engage in advertising to or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
The Content posted does not necessarily reflect DNQ Club views. In no event shall DNQ Club assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from the use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
DNQ Club hereby disclaims any guarantees of exactness as to the finish, appearance, size, color, etc., of the final Product as ordered by the User. DNQ Club Return & Exchange Policy offers you the option to return or exchange products purchased on DNQ Club within the return/exchange period (Please read the Product Detail Page to see the number of days up to which a product can be returned/exchanged, post-delivery). In case of return or exchange of the purchased product, please refer to the "Return and Exchange Policy" available on https://www.DNQ Club.com/faqs#returns.
Please note that you can only use DNQ Club Credits to buy products from your registered account on the DNQ Club app or website. DNQ Club Credits cannot be:

Used for payment of orders placed on other DNQ Club accounts.
Transferred to any other DNQ Club user's account, bank account, or wallets, etc.
DNQ Club may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, DNQ Club credit, and pending refunds if any will be forfeited in such a case.

Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third-party user-generated content and DNQ Club has no control over such third-party user-generated content as DNQ Club is merely an intermediary for this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted by applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media, whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.

You may use the information on the products and services purposely made available on the Platform for downloading, provided that you

do not remove any proprietary notice language in all copies of such documents,
use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
make no modifications to any such information, and
do not make any additional representations or warranties relating to such documents.

Disclaimer of Warranties and Liability

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, DNQ Club does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.

E-Platform for Communication

You agree, understand and acknowledge that DNQ Club is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that DNQ Club is only a facilitator and is not and cannot be a party to or control in any manner any transactions on DNQ Club.

Indemnity

You shall indemnify and hold harmless DNQ Club, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Trademark, Copyright and Restriction

The platform is controlled and operated by DNQ Club. All materials on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on DNQ Club is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other DNQ Club or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty-free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purposes.

Limitation of Liability

In no event shall DNQ Club be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

the use or the inability to use the Services or Products
unauthorized access to or alteration of the user's transmissions or data
breach of condition, representations or warranties by the manufacturer of the Products
any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. DNQ Club shall not be held responsible for the non-availability of the DNQ Club during periodic maintenance operations or any unplanned suspension of access to the DNQ Club. The User understands and agrees that any material and/or data downloaded at DNQ Club is done entirely at Users’ own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extent that is permissible under law, DNQ Club’s liability shall be limited to an amount equal to the Products purchased value bought by You. DNQ Club shall not be liable for any dispute or disagreement between Users

Termination

DNQ Club may suspend or terminate your use of the DNQ Club or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until DNQ Club chooses to terminate them.

If You or DNQ Club terminates your use of the Platform or any Service, DNQ Club may delete any content or other materials relating to your use of the Service and DNQ Club will have no liability to you or any third party for doing so. However, the details of your transactions may be preserved by DNQ Club for purposes of tax or regulatory compliance.
DNQ Club may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, DNQ Club credit and pending refunds if any will be forfeited in such case. Returns/Refunds for such Users shall be at the sole discretion of DNQ Club.
If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead DNQ Club by sharing multiple addresses and phone numbers or transacting with malafide intentions then DNQ Club reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Platform is presented solely for sale in India. DNQ Club makes no representation that materials in the Platform are appropriate or available for use in locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and DNQ Club is not responsible for the supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Governing Law

These terms shall be governed by and constructed following the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities.

Disclaimer

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through DNQ Club. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with DNQ Club nor shall DNQ Club have any obligations or liabilities in respect of any transactions on Platform.

Delivery Related - User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non-delivery of order or signature verification) shall be notified to DNQ Club within 5 days from the alleged date of delivery of product reflecting on the DNQ Club portal. Non-notification by You of non-receipt or non-delivery within the period specified shall be construed as a deemed Delivery in respect of that transaction. DNQ Club disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the DNQ Club portal.

Convenience Fee

Subject to the Terms of Use and the below terms and conditions, DNQ Club may levy a convenience fee on all low-value orders on the DNQ Club Platform, as detailed in FAQ and for cases provided under point 5 below, hereinafter collectively referred to as “Convenience Fee”.

The Convenience Fee shall be specified on the shopping bag page on the DNQ Club Platform.
The Convenience Fee shall be charged on the overall order value.
DNQ Club reserves the right to modify/waive off the Convenience Fee from time to time.
The Convenience Fee shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws for making payments to DNQ Club Designs Private Limited.
To protect the rights of customers, DNQ Club reserves the right to collect a Convenience Fee for all orders and disable cash on delivery option for accounts that have a high percentage of returns and shipments not accepted, of the number of orders placed through such accounts.