TERMS AND CONDITIONS

Only desi is an online e-marketplace and a platform which connects service providers, business owners and service providers to potential clients. The following is the agreement which embodies and entails the terms and conditions of service and use. It is pertains to your use of www.onlydesi.com which connects service providers, business owners and service providers to potential clients pan India.

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)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name/ website [www.onlydesi.com] (“Website”).

Eligibility

The Platform is available for use and access to Users who can form legally binding contracts under Indian Contract Act, 1872. For the purposes of these Terms, the term ‘persons’ shall mean any sole proprietor, firm,company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India.

User must not use the Platform and its Services for their personal use and the Platform shall be used by the User only for their business purposes and listings.

Terms of service and use:

The following are the terms of service and use which legally bind you and Only desi. These terms govern your use of our website, services and other offerings. Below are the applicable rules and conditions for the service providers to accept, acknowledge and follow while creating and posting any deals/offers on the platform.

Searching: You can search for e-marketplace services by using various criteria and categories related to specific business based on services being provided in accordance to your location for your convenience.

Listing: When you agree to book a listing, your listings shall be free of cost.However,the service fee for any other “additional service” including advertisements, banner facility etc.

Booking Modifications:You are responsible for any booking or package modifications which you wish to make ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.

Responsibilities:

  • You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you authorize and allow to participate in providing your listed “Services” on our website. You must describe any and all fees and charges only to your leads.
  • You must keep lead contact details discreet.
  • You must not collect any kind of additional payment from the client on behalf of Only desi unless you have been authorised to do so.
  • There should be complete transparency of service prices.
  • There should be clear transparency with the platform and their consumers in respect with any kind of terms and conditions for availing your service.
  • You are solely responsible for the taxes levied/ to be levied on the services/ products for providing the Sales Invoice to the consumers against the services rendered or product sold.
  • Any dispute arising between you and buyers or purchasers of your service shall not involve Only desi as a party to the dispute under any given circumstances. You shall be solely liable for settlement of such disputes.

CONDITIONS TO BE ACCEPTED AND ACKNOWLEDGED BY THE BUSINESS OWNER/SERVICE PROVIDER:

Only desi is solely responsible for its actions and performance to operate and make changes to the website

  • – Only desi holds the right to create a profile, post any deals/offers on the platform on behalf of the respective business/shop/store/franchise/outlet/service provider.
  • – The posted deals/offers need to be genuine.
  • – The content, visuals, language etc. used to create or post any deals/offers should be authentic and it cannot have any vulgar or adult or misleading content.
  • –After provision of lead to the business owner/service providers, they are to take the complete responsibility of the lead.
  • –Only desi does not guarantee 100% lead-client-business conversion rate.

CONDITIONS TO BE ACCEPTED AND ACKNOWLEDGED BY THE CONSUMER/CLIENTS AVAILING SERVICES:

  • – The consumers can claim any deals/offers using the platform without any charges and its redemption will only be done at the respective business/shop/store/franchise/outlet.
  • – Deals/offers must be redeemed in a single visit (unless specified otherwise).
  • – Consumer is solely responsible for making the payment to the service provider.
  • – There is no in-website payment involved in any kind of transaction/purchase/exchange/refund made by the consumer to the service provider.
  • In case of any dispute or grievances related to the services availed by the consumers, the consumer shall not involve Only desi as a party to the dispute.

FORCE MAJEURE

Under no circumstances shall Only desi be held liable for any losses, delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non-performance of third parties.

CANCELLATION AND REFUND

Cancellation of order is not possible once the payment has been made. No refunds will be given except in the event of cancellation or non-performance of service. For further information, refer to the Cancellation and Refund Policy.

GUARANTEES

Unless otherwise expressed, www.onlydesi.com expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of service providerability, fitness for a particular purpose and non-infringement.

CONTACT INFORMATION

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us:

FASTINFO Legal Services Private Limited

Kariwala Towers, 8th Floor, J1-5, EP Block, Salt Lake Sec-V, Kolkata, West Bengal, PIN-700091

Postpaid services

The Postpaid services/facility is offered by Only Desi Online Platform. By accessing the postpaid facility, you agree to be bound by the terms of use provided by”Only Desi”. These terms of use are subject to change. Any changes will be incorporated into the terms of use posted to OD Platform from time to time. If You do not agree with these terms of use, please do not access OD Postpaid Service. Important capitalized terms used herein are defined below.

Most Important Terms and Conditions (MITC)

Postpaid Facility can be only used to avail online services from and for using Only Desi platform No cash withdrawals are allowed under the Only Desi Postpaid Facility

Statement of Account All only Desi Postpaid Users will be billed on a monthly basis for Postpaid Facility.  However, there may be no statement generated for the period in which no transactions are made. The Statement of Account will be available on the “only Desi “ Platform on the 1st of every month for the transactions made during the preceding month and also on email, if the email is updated on “Only Desi” Platform.
Outstanding Amount “Only Desi” Postpaid Users are required to pay the Outstanding Amount on the Due Date, Only Desi may also deactivate /suspend the account.
Billing Period 1st day till last day of a calendar month
Billing Date 1st day of every Month
Mode of Repayment Repayment of Outstanding Amount as per the modes allowed by “ only desi”

i.e  debit card/credit card/net banking/UPI/standing instructions on Linked Bank Accounts
Termination/Revocation/Surrender of Only Desi Postpaid Facility Only Desi Postpaid Users may at any time choose to terminate Only Desi Postpaid Facility by giving a prior notice before 7 working Days to Only Desi Team Via Email.

Terms and Conditions for “Only Desi Postpaid Services”

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of “Only Desi  Postpaid Services (Section 3(1) in The Information Technology (Intermediaries Guidelines) Rules, 2011. (1) the intermediary shall publish the rules and regulations, privacy policy and user agreement for access or usage of the intermediary's computer resource by any person.)

Fastinfo legal Services Pvt. Ltd (hereinafter called “Only Desi ", a company having its corporate office at Kariwala Tower, J1-5, 8TH Floor, Block EP, Sector 5, Salt Lake city, Kolkata-700091 is providing the Postpaid Facility to you through Only Desi Platform.

USER ELIGIBILITY

The access to the Only Desi Platform and/or the availing of Only Desi Postpaid Services is only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872. Any person who shall be considered as incompetent to contract as per the provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the “Only Desi” Platform and/or the Only Desi Postpaid Services.

It is hereby clarified that it shall provide the Only Desi Postpaid Services to only those user(s) who are both competent to enter into legally binding contracts, as provided above, and also qualify as per the internal policies for the same determined solely by Only Desi from time to time (“Only Desi”  Postpaid User(s)”/ “You”/ “Your”). Only Desi shall have the sole right to change, modify, add or remove, in whole or in part, its internal policy(s) in relation to the provision of the Only Desi  Postpaid, at any time without any prior written notice or intimation to the Only Postpaid User(s) and Fastinfo shall have the right not to entertain any requests in relation to the same, from the Only Desi Postpaid Users towards such Only Desi Postpaid Services, without assigning any reason.

2. The Only Desi  Postpaid User is required to expressly acknowledge and accept the Postpaid T&Cs for enrolling/availing/registering for the  Only Desi Postpaid Services. Accordingly, in the event a user is not already registered with Fastinfo in relation to the other services rendered by Fastinfo or does not have a Only Desi Account (defined below), the user expressly agrees and acknowledges to create an account on the Only Desi Platform (“Only Desi Account”), in order to avail the Only Desi Postpaid Service.  

3. In case of loss/theft/misuse of the phone/ Only Desi Postpaid Facility, it must be reported immediately Only Desi through the Platform on the Only Desi customer care. Only Desi will assist by suspending the Only Desi Postpaid Facility. The Only Desi Postpaid Users are advised to file an FIR with the local police station so that the Only Desi Postpaid User can produce its copy whenever requested by the customer care executive of Only Desi.

SUBMISSION OF PERSONAL INFORMATION

You agree that the personal information such as name, address, contact number and any other information forming part of personal information and sensitive personal data or information as defined in the Information Technology Act, 2000 and rules framed under it (“Personal Information”) provided to Only Desi upon registration and at the time of availing the Only Desi Postpaid Services and at all other times shall be true, accurate, current and complete. You agree to maintain and update the Personal Information and to keep the Personal Information true, accurate and complete. 

If You provide any Personal Information that is untrue, inaccurate, not current or complete, Only Desi reserve the right to suspend or terminate the Only Desi Postpaid Account. It is hereby clarified that Fastinfo and Only Desi shall not be liable in any manner whatsoever for any loss or damage incurred by a  Only Desi Postpaid User or any dispute initiated by or against a Postpaid User, due any untrue, inaccurate, not current or incomplete Personal Information provided by such Only Desi Postpaid User.

You hereby agree that the Personal Information provided by You to Only Desi at the time of registration on the Only Desi Platform shall be collected, stored and used by Only Desi and group of Companies for the purpose of providing You efficient access .You hereby confirm that You have no objection to receive promotional offers, deals, marketing material, promotional material and any other form of communications from Fastinfo services Pvt Ltd and Only Desi in such form as may be determined by Only Desi in its sole discretion, including electronic communications. You hereby agree, acknowledge and accept the terms of the privacy policy of Fastinfo services Pvt Ltd and Only Desi Policies. You further agree, acknowledge and accept that the Personal Information provided by You to Fastinfo and Only Desi shall be shared as per the privacy policy of Fastinfo and Only Desi Policies.  

Only Desi reserves the right to use the Data collected from the Only Desi Users in group of Companies.

You further agree that such Personal Information shall be displayed, automatically or otherwise, upon logging into Your  Only Desi Postpaid Account and/or initiating any transaction on Only Desi Platform. Please note that Your information, including Personal Information and information required to provide  Only Desi Postpaid Service, is readily available on the Only Desi Platform and only viewable by You by logging on to the Only Desi Platform. 

It may be noted that Fastinfo will handles all such information including Personal Information in accordance with the provisions of the applicable laws as may be applicable from time to time and only for the duration lawfully required, there under. 

You hereby specifically agree that You shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, byelaws and notifications made there under. .

You hereby authorize Fastinfo to request for additional information/documentation, at any time, in order to verify that the information provided by You is accurate and complete. In order to allow Your continued and uninterrupted use of the  OD Postpaid Services, Fastinfo shall request from time to time, for additional information/documentation from You. 

You hereby authorize Fastinfo and Only Desi to collect, store and use the Personal Information provided by You in relation to the business.

Legal Responsibilities

Only Desi Postpaid Services are used for getting the Lead of the customers . Only Desi is an online platform for providing Lead services which form part of the Services. while using Services and you acknowledge, agree and note that Only Desi shall not be responsible for the content transmitted through the Services and (b) not use the Services in any manner and or transmit anything using Services, which violates any Compliance Requirements or is likely or violate any Compliance Requirements or prejudices social or national interest.

You shall intimate Only Desi about change of address, if any, in writing within one week of such change along with such proof, as may be deemed necessary by Only Desi.

No Legal Proceeding without Recourse to Arbitration:

The Parties shall not Commence Legal Proceedings or have any receiver appointed over the Services without first referring the matter before arbitration.

Jurisdiction

In connection with the aforesaid arbitration Proceedings, only the Jurisdiction of West Bengal to entertain and try all actions and Proceedings.

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