- 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.
- The domain names PriceHush.com, https://pricehush.com are owned by BIZANEKDOTES (“Company”) a Partnership Company having its registered office at 2/18, 1ST FLOOR, SARVAPRIYA VIHAR, NEW DELHI, Delhi -110017., India where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
- The term ‘You’ & ‘User’ shall mean any legal person or entity accessing or using the services provided on this Website/ Application, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
- The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website / Application and/or the Company, as the context so requires.
- The term ‘Service’ or ‘the Service’ means the price comparison, product discovery website, affiliate and advertising services provided by PriceHush, otherwise expressly stated.
- The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website / Application, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Website / Application constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
- The Company reserves the sole and exclusive right to amend or modify these Terms and the aforementioned Policy without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. bIn so far as the User complies with these Terms and the aforementioned Policy, he/she is granted a personal, non-exclusive, nontransferable, revocable, limited privilege to enter and use the Website/ Application.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms and the aforementioned Policy, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website / Application if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
- The User continues to access and use the Website/ Application; or
- The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
whichever is longer. The Parties agree that certain portions of these Terms (“Sections”), such as Sections 19, 20, 22& 25, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms and the aforementioned Policy as contemplated herein.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services listed on the Website/ Application, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms and the aforementioned Policy, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms and the aforementioned Policy till the expiry of the same, as described in Clause 3 hereinabove.
- THE ONLINE PLATFORM
PriceHush is an online comparison platform for laptops, which lets you find the best laptops, suitable for an application or find the best laptops across given price ranges. We would also provide this platform for products and services beyond the categories listed above as deemed relevant for the Users.
PriceHush’s price comparison engine enables you in finding the best price, as well as deals and offers from major e-commerce stores in India.
PriceHush DOES NOT SELL ANY PRODUCTS DIRECTLY. OR PROVIDE ANY SERVICES (EXCEPT ‘THE SERVICE’ AS DEFINED IN 1(d)(iii) ABOVE) AND IS NOT A PARTY TO ANY TRANSACTION YOU MAY MAKE WITH ANY BRAND OR ECOMMERCE MARKETPLACE.
- ACTIONS UNDERTAKEN BY THE WEBSITE/APPLICATION ON YOUR DEVICE
Upon visiting the Website, You grant the Company to perform the following actions on the device You have installed the Application in or visiting the Website from.
- To read from, write on, modify and delete data pertaining to the Website on the device’s hard disk and/or external storage;
- To access information about networks, access networks including Wi-Fi networks, receive and send data through the network;
- To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
- To determine Your exact location from sources such as, but not limited to GPS;
- To access the model number, IMEI number and details about the operating system of the device the Application has been installed on or the website is visited from, as well as the phone number of the device;
- To determine Your browsing history and bookmarks saved in the browser.
- To access and change the display and sound settings of the device the Application has been installed in.
- UPDATES ON APPLICATION
From time to time, the WEBSITE WILL BE UPGRADED WITH NEW FUNCTIONALITIES. Updates may contain, without limitation to, bug fixes, patches etc. By visiting the website you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
By using this Website/Application, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receive calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls/email messages/text messages, the User may send an e-mail to the effect to info@PriceHush.com with the subject Do not Disturb. The User agrees and acknowledges that it may take up to thirty (30) business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates/partners relating to any service availed of by the User on the Website or anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
The use of this Website by the User, including browsing the Website/ Application and availing of any services offered therein is free of cost. The User is only required to pay for the product purchased by the User from the chosen Seller / Marketplace directly as per their payment policy. However, the Company reserves the right to amend this no-fee policy and charge the User for any or all services offered/rendered. In such an event, the User will be intimated of the same when he/she attempts to access the Website/Application, and the User shall have the option of declining to avail of the services offered. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
We have not enabled transactions on the website. Hence no payment information is required or stored. The User’s credit and debit card information is not received, stored by or retained by the Company in any manner.
Definition: For purposes of this User Agreement, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
User Content: All Content added, created, uploaded, submitted, distributed, or posted to the Website/ Application by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
License Grant: By submitting User Content through the Website/ Application, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website/ Application, the Service and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website/ Application or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party Website/ Application and feeds), and including after the termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use. You also hereby do and shall grant each user of the Website/ Application and/or the Services a non-exclusive, perpetual license to access your User Content through the Website/ Application and/or the Services, solely for the personal use of such User Content, including after the termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Content Research & Publication- All the content about pricing and specs etc. for the laptops is mostly manually gathered after researching marketplaces and brand portals. The star ratings are directly imported from Amazon, wherever such ratings are available, for all brands published on PriceHush.com. Since the research and categorization is a manual effort, there may be certain errors, and some content may not be up to date, however, PriceHush will try to rectify this based on their ongoing content audits and user feedback.
Third-Party Affiliates: We may participate in affiliate marketing, and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links, in future.
YOU ACKNOWLEDGE THAT ALL CONTENT, INCLUDING USER CONTENT, ACCESSED BY YOU USING THE SERVICES IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU OR ANY OTHER PARTY RESULTING THEREFROM. WE DO NOT GUARANTEE THAT ANY CONTENT YOU ACCESS ON OR THROUGH THE SERVICES IS OR WILL CONTINUE TO BE ACCURATE.
- All information, content, services and software displayed on, transmitted through, or used in connection with the Website including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, HTML, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “Content”), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website or Application, and solely for your personal, non-commercial use. However, all logos and images retrieved from marketplaces and brand websites, belong to their respective copyright holders. All these images and specs are being pulled manually from the publicly available data.
- COPYRIGHT COMPLAINTS
- We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or is aware of any infringing material on the Website or Application, please contact Us by sending an email to info@PriceHush.com.
- Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website or Application, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:
- You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
- all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
- the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Website/ Application that specifically ask for unique, fictitious names such as inter alia certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Websites or Applications, to include the information in a searchable format accessible by users of the Website or Application and other affiliated Websites/ Applications, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
- INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms and the aforementioned Policy. All logos, trademarks, brand names, service marks, and domain names, including material, designs, and graphics created by and developed by the Company and other distinctive brand features of the Website/ Application are the property of the Company. Furthermore, with respect to the Website/ Application created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website/ Application.
The User may not use any of the intellectual property displayed on the Website/ Application in any manner that is likely to cause confusion among existing or prospective users of the Website/ Application, or that in any manner disparages or discredits the Company, to be determined in the sole discretion of the Company.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or the aforementioned policy.
The User hereby expressly authorizes the Company to disclose any and all information relating to the User in the possession of the Company to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that involve personal injury and theft/infringement of intellectual property. The User further understands that the Company might be directed to disclose any information (including the identity of persons providing information or materials on the Website/ Application) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Company has no obligation to monitor the materials posted on the Website/ Application, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms or the aforementioned policy. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website/ Application by him/her. In no event shall the Company assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website/ Application. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libelous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website/ Application.
- SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s membership, and/or refuse to provide User with access to the Website/ Application, without being required to provide the User with notice or cause:
- If the User is in breach of any of these Terms or the aforementioned Policy;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If the User’s actions may cause any harm, damage or loss to the other users or to the Website/ Application/Company, at the sole discretion of the Company.
INDEMNITY AND LIMITATIONS
We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding:
- which users gain access to the Services;
- what Content do you access via the Services; or
- how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
The User hereby expressly agrees to defend, indemnify and hold harmless the Website/ Application and the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the User’s actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User’s infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
In no event shall the Company be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website/ Application and/or the products, services or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company incurring any form of liability whatsoever, these Terms and the aforementioned Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or the aforementioned policy.
- DISCLAIMER OF WARRANTIES AND LIABILITIES
PriceHush DOES NOT SELL ANY PRODUCTS AND IS NOT A PARTY TO ANY TRANSACTION YOU MAY MAKE WITH ANY SELLER/ MARKETPLACE.
PriceHush does not sell or license any of the products or services listed on the Website/ Application
PriceHush does not have any responsibility for, or liability related to, any products and services listed on the Website/ Application. You should direct any questions, complaints or claims related to any product or service to the appropriate seller or provider.
PriceHush is free to endorse or advertise any brand’s products or services on it’s portal as a part of it’s monetization model
PriceHush has no control over and does not warrant in any way that prices, shipping costs, taxes, products or descriptions provided by sellers or other third parties, or any other content of the Websites/ Applications is accurate, complete, reliable, current or error-free. SITE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND PriceHush SHALL HAVE NO LIABILITY FOR INACCURACY OR INCOMPLETENESS IN PRODUCT OR SERVICE CONTENT, USER RATINGS OR COMMENTARY, OR OTHER CONTENT ON THE WEBSITES/ APPLICATIONS.
PriceHush is not liable for any delays, inaccuracies, fraud, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information.
The User agrees and undertakes that he/she is accessing the Website at his/her sole risk and are that he/she is using his/her best and prudent judgment before using the information provided to buy from any external platform.
The Company does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website/ or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or the aforementioned policy.
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website/ Application, and that use of such content by the Company does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
- DISPUTE ARISING OUT OF THIS AGREEMENT
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or the aforementioned Policy.
- Mediation:In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration:In the event that the Parties are unable to amicably resolve a dispute by mediation, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of HYDERABAD in the state of TELANGANA, India.
The Parties expressly agree that the Terms, the aforementioned Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at HARYANA shall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement .