Terms & Conditions
Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000, amendments thereof from time to time and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please read the terms and conditions carefully before registering, accessing or using the Deskcount Services (defined below). The terms and conditions are legal contracts ("Agreement") between You and Arunarcis Solutions Private Limited (“Deskcount”) having its registered office at 928, JMD Megapolis, Sohna Road, Sector 48, Gurugram, Haryana 122018, India. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the Services and/or immediately terminate the Services and/or uninstall the mobile application.
Definition “We”, “Us”, “Our” - shall refer to Deskcount and Deskcount Entities.
“You”, “Yours”, “Yourself”, “Deskcount User” - refers to any non-registered individual or corporate body, registered user of Deskcount and Deskcount Entities, including but not limited to Deskcount customers or Merchants.
“Deskcount App” - The mobile application(s), hosted by Deskcount and Deskcount Entities for providing Deskcount services to its users, including merchants and service providers and also includes any Services where it acts as an Intermediary.
“Deskcount Website” - Shall refer to www.Deskcount.com , which is registered by Deskcount and used as a medium to communicate and inform users of services provided by Deskcount and Deskcount Entities, not limited to its features, terms and conditions, Our contact details.
“Deskcount Entities” - shall mean group, affiliates, associates and subsidiaries of Deskcount.
‘Deskcount Platform” - Refers to any platform owned/subscribed/used by Deskcount Private Limited or any other Deskcount Entities not limited to websites, mobile applications, devices, URLs/links, notifications, chatbot, or any other communication medium used by Deskcount Entities to provide its services to its Users.
“Deskcount Services” - shall include all services extended / to be extended by Deskcount and Deskcount entity as a group including but not limited to showcasing ads, placing deals and discounts, cross-selling of products, wallet to maintain the services.
“Service Providers” – Refers to any individual, group of individuals defined under law whose services are used by Deskcount or Deskcount Entities to provide the intended Services to You through Deskcount Platform.
“Business Partners” – Shall refer to any individual, group of individuals defined under law with whom Deskcount or Deskcount Entities have a contractual relationship and not limited to Merchants, Advertisers, Deal partners, Financial institutions, switch interface partners
Terms of Service
In order to avail Deskcount Services, you need a mobile, internet or any other supported device that meets the compatibility requirements of accessing Deskcount app and Deskcount website, which may change from time to time. Deskcount may further release updates to its application and You are required to update the Deskcount app as and when available for you, in order to continue availing Deskcount Services.
Sign-Up / Registration
Single Sign On (SSO) By registering and signing into Deskcount Account, We create an username and secure access credentials for You to access Deskcount services on Deskcount Platform and other participating platforms. For convenience, Deskcount creates Single Sign On Service (P-SSO), which helps you access Deskcount Services available on Deskcount Platform and other participating platforms. You understand that P-SSO will be used to register and access Deskcount Services and the credentials you share as part of the registration process would be owned and managed by Deskcount and will be shared with Deskcount Entities upon Your request or simply by accessing any Deskcount Services provided by them.
We will rectify any error that we discover. If the error results in your receipt of less than the correct amount to which you are entitled, Deskcount may credit your account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, Deskcount may debit the extra funds from your account.
If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (for instance a typographical error at your end) your only recourse will be to contact the party to whom you have sent the payment and ask them to refund the amount. Deskcount will not reimburse you or reverse a payment that you have erroneously made.
We will send notice of any change to You that involves an increase in fees or liability for You ("Material Change"), to the registered email address, and that Material Change will be effective 15 days from the earlier of posting it to our Website or otherwise communicating it to You. You will be deemed to accept any Material Change if you use the Website or Services after the 15-day notice period. We may make Material Changes without prior notice if immediate changes are necessary for security reasons.
Intellectual Property Rights
Trademark, Copyright and Restriction
All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website 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 platform 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 the purposes of this clause.
Limitation of Liability
IN NO EVENT SHALL DESKCOUNT OR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERM OF USE. TO THE EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON) WHATSOEVER WILL AT ALL TIMES BE LIMITED TO INR TWO HUNDRED (INR 200).
Suspension or Breakdown of Systems
If You are unable to use the Services as a result of improper operation of the systems due to any of the following reasons, You agree you will not hold Deskcount and our affiliates liable for: System suspension which has been announced by Deskcount in advance through any mode of communication; Failure in data transmission due to breakdown in the telecommunications equipment and systems; Failure in system operations due to breakdown resulting from typhoon, earthquake, tsunami, flood, electricity blackout, war, terrorist attack, and other force majeure events which are beyond our reasonable control; or The Services are interrupted or delayed due to hacking, authority, website upgrade, banks, and other reasons.
Dispute Resolution; Governing Law; Jurisdiction
Dispute Resolution If any dispute or difference of any kind whatsoever shall arise between the parties in connection with or arising out of the us of the Services (whether before or after the termination or breach of this Agreement) the concerned representatives of the parties shall promptly and in good faith negotiate with a view to an amicable resolution and settlement of the dispute. In the event no amicable resolution or settlement is reached within a period of thirty (30) days, such dispute or difference shall be referred to a mutually acceptance single arbitrator or, upon the failure of the parties to agree upon a single arbitrator, within a period of ten (10) days, each party shall appoint one arbitrator each and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator under the provisions of the Indian Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held at Bangalore. The existence of any dispute or difference or the initiation or continuance of the arbitration proceedings shall not postpone or delay the performance by the parties of their respective obligations under this Agreement. It is agreed that the arbitrators shall also determine and make an award as to the costs of the arbitration proceedings. Notwithstanding anything contained herein, the parties shall have a right to institute legal proceedings to prevent any continuing breach and to seek an injunctive or any other specific relief.
Subject to the above clause, the Courts of Delhi, New Delhi, alone shall have the jurisdiction to try and adjudicate all suits, legal proceedings, etc. arising out of this Agreement.
This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Agreement, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. Disclaimer You agree that all risks arising from online transactions will be borne by You. Deskcount and third party partners make no warranty, express or implied regarding the quality of Services including but not limited to: i) the Services will meet your requirements; II) the Services will be uninterrupted, timely or error free; or III) any products, information or material obtained by You in connection with the services will meet Your requirements. Except as expressly provided herein and to the full extent permitted by law, the Services are provided "as is", "as available" and "with all faults". All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the Services and other information provided by Deskcount or generally available. We do not authorise anyone to make any warranty on our behalf and You should not rely on any such statement. In no event will Deskcount be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Services, however caused and whether arising in contract, tort, negligence, warranty or otherwise, exceed the amount paid by You for using the Services giving rise to the cause of action or Rupees Two Hundred (Rs. 200) whichever is less. If you have a dispute with other parties, you release Deskcount (and our affiliates and officers, directors, agents, and employees thereof) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.