‘Terms & Conditions – Discountguaranteed.com’

(Last updated on 12th February 2021)

Discountguaranteed.com provides Buyers, who do not have Credit/Debit Cards which offer an Instant Discount/Cashback on designated websites, opportunities to save money while making on-line purchases on such websites. It provides Credit/Debit Cardholders, who own Cards on which an Instant Discount/Cashback is available on designated websites, an opportunity to earn cash incentives by using their Credit/Debit Cards for On-line purchases which will be shipped to and paid for, by the Buyer.

Scope of Web-Based Services

1. Jetley Enterprises Private Limited (“JEPL”) is the owner and controller of ‘DISCOUNTGUARANTEED.COM’ which is a web-based application that provides a ‘Buyer’ opportunities to save money and a ‘Cardholder’ opportunities to earn money and is herein after referred to as discountguaranteed.com
   Registration, Access and use of discountguaranteed.com web services: By registering for or by accessing or by using saving and earning opportunities, offered from time to time on discountguaranteed.com, currently or in the future, wherein such services can be accessed via the internet either on mobile and desktop/laptop and by accessing and using our Services (defined below), you (“Buyer’’) and (‘’Cardholder’’) are agreeing to these terms and conditions contained hereinafter (“Terms and Conditions”). We, Jetley Enterprises Private Limited, including its affiliates & subsidiaries, strongly urge you to read the Terms and Conditions in detail before registering, accessing or using the Web-Based Services
2. Buyer – Definition and Responsibilities A person with an Indian or an NRO Bank Account who:
   1. Does not have Credit/Debit Cards which offer an Instant Discount/Cashback on designated websites and who agrees to avail opportunities to save money while making on-line purchases on such websites.
   2. Agrees to purchase a Product on specified e-commerce websites in India, typically for electronic and other products, which by definition of e-commerce website policies cannot be returned, but which can be replaced during the ‘Replacement Window’ periods and in accordance with the ‘Replacement’ conditions stipulated by such e-commerce websites
   3. Agrees to effect savings on his on-line purchase through his registered account with discountguaranteed.com and associated terms and conditions
   4. Agrees to furnish his bank account details to discountguaranteed.com and has agreed to participate in a Bank Initiated ‘Beneficiary Check’ to validate his Bank Account and agrees that the existence and continuation of his Bank Account with his designated bank are subject to prevailing KYC (Know Your Customer) Rules and Regulations and that it is his responsibility to ensure that these Rules and Regulations are adhered to at all times.
   5. Agrees to transfer the full purchase value through discountguaranteed.com’s arrangements with its Payment Gateway. Agrees that depending upon the mode of payment (UPI/QR/ Debit and Credit Card – Visa, MasterCard, RuPay, Amex, Net Banking/Wallet) chosen by the Buyer, Convenience Charges may be applied by the Payment Gateway/Participating Banks. Understands and agrees that he has access to low/minimal cost Payment Gateway options such as UPI and QR and will make an informed decision to choose his mode of payment
   6. Understands and explicitly agrees that no interest either accrues or is payable by discountguaranteed.com on the purchase value transferred by him to discountguaranteed.com
   7. Understands and explicitly agrees that discountguaranteed.com shall endeavour to find him a Cardholder who will execute his transaction on a best effort basis and that the full purchase value shall be refunded back to his (Buyer’s) registered bank account if a Registered Cardholder(s)on discountguaranteed.com is/are unable to execute the transaction within 7 (seven) business days.
   8. Agrees to have the product shipped to him at the address in India, designated in his account registered with discountguaranteed.com and communication sent to him at his registered e-mail address and mobile number
   9. Agrees that by participating in any transaction with discountguaranteed.com, he has read and agreed to the ‘Terms and Conditions’ stipulated by the e-commerce website, specifically, in relation to his purchase transaction
   10. Agrees to keep details relating to his Registered Address, Delivery Address, Bank Account Details, Mobile Number current and updated at all times and agrees that he is wholly liable and responsible for shipments sent to his Registered Delivery Address
   11. Agrees to post screenshots from e-commerce websites in relation to information required by discountguaranteed.com as communicated through the Web-based application and/or through the medium of e-mail and SMS, screenshots of Invoices, screenshots of delivery related proof and other such information requested by discountguaranteed.com, from time to time, with the objective of processing and completing his transaction
   12. Explicitly understands and agrees that by registering with or by entering into a transaction with discountguaranteed.com, cancellations, refunds or exchanges are not permissible. Replacements will be processed solely in accordance with the Replacement Policy of the e-commerce website and the Buyer agrees to be bound by such Replacement Policies, as are in place and as may be amended from time to time.
   13. The Buyer explicitly understands that all details shared by him will remain strictly private and confidential and will not be divulged unless asked for in writing by a Regulatory Body empowered to ask for such details under the prevailing laws in India.
   14. Agrees to have his share of the discount, credited directly to his Registered Bank Account. Agrees that this credit will be processed only after the Replacement Window Period is over and after the Cardholder’s and Buyer’s invoices are verified by discountguaranteed.com. Agrees that this time period is usually within 10-15 days of delivery of the shipment to the Buyer.
   15. Agrees that by participating in any transaction with discountguaranteed.com, he has read and agreed to the ‘Terms and Conditions’ stipulated by the e-commerce website in relation to his purchase transaction
   16. Discountguaranteed.com and the Buyer agree that any legal action or proceedings arising out of the ‘Terms and Conditions’ shall be brought in the courts or tribunals at New Delhi, in India and irrevocably submit themselves to the jurisdiction of that court or tribunal. Discountguaranteed.com may, however, in its absolute discretion, commence any legal proceedings arising out of these ‘Terms and Conditions’ in any other court, tribunal or other appropriate forum and the Buyer hereby consents to this jurisdiction. These terms shall be governed and construed in accordance with the laws of India.
3. Cardholder - Definition and Responsibilities A person with an Indian or NRO Bank Account and a Credit or Debit Card Issued out of India who:
   1. Who owns Credit/Debit Card(s) on which an Instant Discount/Cashback is available on designated websites, and ensuing therefrom, where there is an opportunity to earn cash incentives, by using such Credit/Debit Cards for On-line purchases, which will be shipped to and paid for, by the Buyer.
   2. Agrees to fulfil a purchase offer from a ‘Buyer’ of a Product on specified e-commerce websites in India, typically for electronic and other products, which by definition of e-commerce website policies cannot be returned, but which can be replaced during the ‘Replacement Window’ periods and in accordance with the ‘Replacement’ conditions stipulated by such e-commerce websites
   3. Agrees to earn or incentives on his purchase through his registered account with discountguaranteed.com and associated terms and conditions after deduction of taxes at applicable rates.
   4. Agrees to furnish his bank account details to discountguaranteed.com and to participate in a Bank Initiated ‘Beneficiary Check’ to validate his Bank Account. Agrees that the existence and continuation of his Bank Account with his designated bank is subject to prevailing KYC (Know Your Customer) Rules and Regulations and that it is his responsibility to ensure that these Rules and Regulations are adhered to at all times
   5. Cardholder agrees to keep details relating to his Registered Address, Delivery Address, Bank Account Details, Mobile Number current and updated at all times, on his account with discountguaranteed.com
   6. Cardholder agrees to ensure that there is only one item per shopping cart in relation to the order executed on behalf of the buyer. In other words, Cardholder will execute each order strictly on a stand-alone basis even if the Cardholder and Buyer are participating in multiple transactions, simultaneously on the same e-commerce website.
   7. Cardholder explicitly understands that all details shared by him will remain strictly private and confidential and will not be divulged unless asked for in writing by a Regulatory Body Empowered to ask for such details under the prevailing laws in India.
   8. Agrees to fulfil the purchase, using his own Credit/Debit Card account, using his e-commerce account with his associated e-commerce website, at the discounted or foreseen cashback value on his designated credit or debit card, (including its variants if applicable) which is eligible as per the prevailing arrangements of his Card Company with the E-commerce website, wholly and completely in accordance with expected discount/cashback communicated by the Buyer, through discountguaranteed.com and in accordance with e-commerce website policies associated with the purchase.
   9. Explicitly agrees that he would be making his purchases through e-commerce websites, independently through his own Credit/Debit card account and in accordance with the terms and conditions agreed upon between him and his bank and in accordance with the associated terms and conditions defined by the e-commerce website, in relation to the transaction
   10. Understands that the authorisation of his transaction between the e-commerce website and his Credit/Debit Card holding company is privy to himself and his Card Issuing Bank and has no bearing or reference to Discountguaranteed.com
   11. Understands and explicitly agrees that his Credit/Debit Card transaction is exclusively with the e-commerce website and his card issuing bank. That disputes, if any, on such transactions will be resolved between him and his Card Issuing Bank and the e-commerce website and that he expressly holds discountguaranteed.com harmless, against any disputes with the Card Issuing Bank and/or the e-commerce website.
   12. Understands and explicitly agrees that no interest either accrues or is payable by discountguaranteed.com on his Credit/Debit Card purchase
   13. Undertakes and agrees to ensure that the Buyer’s details in relation to the Delivery Address and Mobile Number, as provided by discountguaranteed.com are correctly and accurately populated, to leave no room for dispute and undertakes full financial liability for the transaction, if the Delivery Address is incorrect or is changed subsequently to an address other than the stipulated delivery address. Full financial liability implies that discountguaranteed.com will not be liable to pay the Cardholder for the transaction or any associated cash incentives, in the event that the Delivery Address is found to be different from the Delivery Address provided to the Cardholder by discountguaranteed.com
   14. Ensures that his e-commerce Credentials (name, billing address, mobile number and e-mail address, as registered on individual e-commerce websites) on his profile with discountguaranteed.com are current and up-to-date at all times; understands that e-commerce Credentials, will not be shared with any other entity (other than Competent Regulatory Authorities, under the prevailing laws of India) apart from the Buyer and only in such event that the Buyer seeks a Replacement, within the Replacement norms of the e-commerce website. The Cardholder understands that such an event will require the Buyer to furnish e-commerce credentials of the Cardholder in order to process the Replacement Request.The Cardholder understands, acknowledges and agrees, that a mismatch of Cardholder’s e-commerce credentials may result in inability of the Buyer to process a Replacement within the Replacement time-frames of e-commerce websites. The Cardholder agrees, that due to lapsing of the replacement period, as a result of his negligence to keep accurate and up to date records of his e-commerce website credentials, time-periods for pick up of the product during the replacement window period may lapse, thereby resulting in lapsing of the replacement time-period The Cardholder understands and specifically agrees to financial liability for the entire purchase value incurred as a cardholder if the information provided him in terms of e-commerce website credentials is found to be intentionally or unintentionally incorrect or fraudulent and therefore bars the process of replacement of the product. In such a case, the full amount early remitted by the buyer will be refunded to him and the Cardholder will bear the financial liability for providing incorrect e-commerce website credentials. It is further clarified that Full financial liability implies that discountguaranteed.com will not be liable to pay the Cardholder for the transaction or any associated cash incentives, in the event that the e-commerce website credentials are incorrect and result in inability of the Buyer to set up a Replacement Request, within the timeframes associated with the Replacement process.
   15. Undertakes to post screenshots from e-commerce websites in relation to information required by discountguaranteed.com as communicated through the Web-based application and/or through the medium of e-mail and/or SMS, screenshots of Shopping Cart Details, screenshots evidencing placement of orders on e-commerce websites, screenshots evidencing date of delivery of shipment at buyer’s shipping address, screenshots of Invoices and other such information requested by discountguaranteed.com, from time to time, with the objective of processing and completing his transaction
   16. Agrees to provide his PAN details to facilitate TDS and provision of TDS certificates from discountguaranteed.com. Agrees to have his cash incentive credited to the designated bank account provided by him to discountguaranteed.com. Agrees that this credit will be processed only after the Replacement Window Period is over and after the Cardholder’s and Buyer’s invoices are verified by discountguaranteed.com. Agrees that this time period is usually within 10-15 days of delivery of the shipment to the Buyer.
   17. Agrees to have the Purchase Value of the transaction, net of the ‘Instant Discount’, as stipulated and communicated by the Buyer through discountguaranteed.com and as paid to the e-commerce website, credited directly to his Registered Bank Account, acknowledging and understanding that this credit will be processed only after the Replacement Window Period is over and after the Cardholder’s and Buyer’s invoices are verified by discountguaranteed.com. Agrees that this time period is usually within 10-15 days of delivery of the shipment to the Buyer.
   18. Agrees to have the Purchase Value of the transaction, net of the ‘Cashback Amount’, as stipulated and communicated by the Buyer through discountguaranteed.com, credited to his bank account. Agrees that under standard Cashback arrangements, he will be required to pay 100% of the Purchase Value to the e-commerce website but will get Purchase Value less Cashback amount by way of credit from discountguaranteed.com. Understands and acknowledges that this credit will be processed only after the Replacement Window Period is over and after the Cardholder’s and Buyer’s invoices are verified by discountguaranteed.com. Agrees that this time period is usually within 10-15 days of delivery of the shipment to the Buyer.
   19. Acknowledges and agrees that depending upon the Cashback scheme operated by his Card Issuing Bank/E-commerce website, he will get the Cashback credited either to his Credit/Debit Card Account or to his Account with the E-commerce website in accordance with the cashback rules and regulations of such Credit/Debit Card Issuing Banks and such e-commerce websites and time-frames stipulated by them. Understands and agrees that this cashback will not directly be in the form of cash credit to the account, but in the form of either credit to the credit card/debit card account or to the account maintained with the e-commerce website and in accordance with the cashback rules and regulations of such Credit/Debit Card Issuing Banks and such e-commerce websites.
   20. Cardholder agrees to choose only those delivery time-frames, where ‘Delivery Charges’ are listed as ‘Free’ on the e-commerce website. In such cases where this option is not available and delivery charges are applicable, he may approach discountguaranteed.com via e-mail to get written approval of re-imbursement of delivery charges. These will be credited directly into the Cardholder’s bank account at the time of final settlement of the transaction, provided these are approved prior in writing
   21. Agrees that by participating in any transaction with discountguaranteed.com, he has read and agreed to the ‘Terms and Conditions’ stipulated by the e-commerce website in relation to his purchase transaction
   22. Discountguaranteed.com and the Cardholder agree that any legal action or proceedings arising out of the ‘Terms and Conditions’ shall be brought in the courts or tribunals at New Delhi, in India and irrevocably submit themselves to the jurisdiction of that court or tribunal. Discountguaranteed.com may, however, in its absolute discretion, commence any legal proceedings arising out of these ‘Terms and Conditions’ in any other court, tribunal or other appropriate forum and the Buyer hereby consents to this jurisdiction. These terms shall be governed and construed in accordance with the laws of India.
4. Registration on discountguaranteed.com as ‘Buyer’ as well as ‘Cardholder’ In the event that a person registers as a ‘Buyer’ as well as a ‘Cardholder’ both ‘Buyer’ and ‘Cardholder’ terms and conditions shall be applicable. Whether you register as a ‘Buyer’ or as a ‘Cardholder’ or as ‘Both’ you explicitly agree to Section 5 through Section 16 below.
5. Definition of ‘Terms & Conditions on E-commerce Websites’
   1. ‘Terms & Conditions on E-commerce Websites’ refer to those that are published on the E-commerce website, irrespective of the partners involved in the construction of promotions leading rise to ‘Instant Discounts’ or ‘Cashbacks’ and are specific to individual transaction
   2. These are published and maintained by the e-commerce website and both ‘buyers’ and ‘cardholders’ agree that these terms and conditions override any other Terms and Conditions contained in this Agreement in relation to e-commerce transactions.
   3. At any given point of time, the availability of actual instant discount or cashback offers, their validity and terms and conditions are governed by participating banks, e-commerce partners, associated brands and other related parties. These parties together or solely, depending upon the nature of the promotion may withdraw the promotion at any time whatsoever. While discountguaranteed.com publishes details on the mechanics of such promotions, at the time of publication, it specifically cautions both buyers and cardholders to ensure, as their specific responsibility that the offer on display at discountguaranteed.com matches the offer on display on the e-commerce website at the time at which the transaction is completed. Discountguaranteed.com does not assume any liability whatsoever on account of the failure of buyer or cardholder to do so
6. Eligibility
   By registering with DISCOUNTGUARANTEED.COM as a ‘Buyer’ or as a ‘Cardholder’ or as ‘Both’ and by using the Web-Based Services, you are representing the following:
   1. You are 18 years of age or older;
   2. You have entered bonafide details of bank account details, the ownership of which is legally in your name
   3. The PAN Card details provided by you are correct
   4. The Ownership of the names of the Banks in which you hold Credit or Debit Cards is correct and the information providing by you in relation to the Variants of Such Credit or Debit Card is correct.
   5. You are capable of entering into a legally binding agreement; and
   6. You are not barred or otherwise legally prohibited from accessing or using discountguaranteed.com & its Web-Based Services.
   7. If you allow anyone to use your account, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with the terms. You will be responsible for all actions these individuals take in and/or through your account. You also acknowledge that discountguaranteed.com not have the responsibility of ensuring that you meet the aforesaid requirements. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.
   8. Discountguaranteed.com reserves the right to revoke your access to the Discountguaranteed.com App and/or its Web-Based Services, subject to our reasonable discretion. In this regard, we may also choose to suspend your discountguaranteed.com Account or your access to the same. As a registered User, in such an event, you may contact our support team to assist you/resolve the situation.
7. Your Use of Discountguaranteed.com
   When you use the Discountguaranteed.com App and/or its Web-Based Services, you are representing to us that:
   1. Your use of the Discountguaranteed.com App and/or its Web-Based Services shall not violate any applicable law or regulation, and that you fulfil the eligibility criteria set forth under Section 5
   2. All registration information you submit is truthful, complete and accurate and you agree to maintain accurate, complete and up-to-date account information in your Account.
   3. You are responsible for all activity that occurs under your Account. Unless otherwise permitted by discountguaranteed.com in writing, you may only possess one Account.
   4. You are responsible for maintaining the confidentiality of the access and credentials of your account and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your passcode or Account or any other breach of security.
   5. Your use of the Discountguaranteed.com App and/or its Web-Based Services or its content is only for personal purposes. By using discountguaranteed.com, you hereby agree that you are aware and responsible for all transactions taking place through your Account. This includes payments made to Discountguaranteed.com.
   6. Your personal and non-commercial use of disocuntguaranteed.com prevents you from decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with our Discountguaranteed.com App and/or its Web-Based Services including copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
   7. You shall not access or use our Discountguaranteed.com App and/or its Web-Based Services in any manner that may be harmful to the operation of the App or its content.
   8. You shall not use any product or service available on the Discountguaranteed.com App and/or its Web-Based Services for commercial purposes or use tour Web-Based Services in any way that is unlawful or harms Discountguaranteed.com or any other person or entity.
   9. You will not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise, impair or damage the Discountguaranteed.com App and/or its Web-Based Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the App.
   10. You will not delete or modify any content of the Discountguaranteed.com App and/or its Web-Based Services, such as legal notices, disclaimers or proprietary notices, copyright or trademark symbols and logos.
   11. Your use of discountguaranteed.com shall indicate that you have provided consent to automatically receive requested updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the Web-Based Services. Please note that your continued use of the Discountguaranteed.com App and/or its Web-Based Services following such Updates would mean deemed acceptance by you of the same.
   12. You understand and accept that not all products, services and rewards offered on this App are available in all geographic areas and you may not be eligible for all the products, services and rewards offered by discountguaranteed.com on the application. Discountguaranteed.com reserves the right to determine the availability and eligibility for any product, services and rewards offered on the App.
   13. You shall request Discountguaranteed.com, to block the Account and you undertake to change the passcode immediately for the Account, if your Device has been lost or stolen.
8. Violation of Terms of Use / Suspicious Activity
   1. If we believe that you have violated any of the conditions as mentioned under these Terms or our Privacy Policy, we reserve the right to suspend your access to the Discountguaranteed.com App and/or its Web-Based Services and/or delete your Account without prior notice to You. If we have reason to believe that there is suspicious or unusual activity being carried out through your account, we may temporarily or permanently suspend your access to the Web-Based Services. You may reach out to the DISCOUNTGUARANTEED.COM support team to assist you with any query or question arising as a result of the afore-mentioned suspension/ deletion to resolve the same.
   2. You may end your legal agreement with discountguaranteed.com at any time by requesting deactivation of your account and discontinuing the use of the Discountguaranteed.com App and/or its Web-Based Services. Following such a request, we consider the agreement to be terminated and take appropriate steps.
9. Fees
   You are responsible for any fees that may be applicable to certain transactions or use of the Discountguaranteed.com App and/or its Web-Based Services and you will be notified of such applicable fees, prior to the completion of any transaction. Only if you consent to pay the above-mentioned fees, shall the transaction go ahead. All fees shall be determined by discountguaranteed.com’s associated Payment Gateway and will be inclusive of taxes.
10. Refund, Exchange and Replacement
    1. No Refund or Exchange is permissible as per Terms and Conditions already outlined in Section 2 and 3 above.
    2. Replacements are permissible as per Section 2 and 3 above and strictly in accordance with the Replacement Policies and Terms and Conditions of e-commerce websites
    3. In the unlikely event that a Replacement cannot be delivered to the Buyer by the e-commerce website and if the e-commerce website has agreed to initiate Refund, after pick-up of the purchased item or upon receipt of such purchased item at its designated outlet, such Refund shall be processed by the e-commerce website directly into the Credit/Debit Card Account used by the Cardholder to make the initial purchase. Upon receipt of Credit into the Cardholder’s account, discountguaranteed.com shall refund the full amount paid by the Buyer, directly into the Buyer’s registered bank account.
    4. Discountguaranteed.com reserves the right to cancel a Buyer’s transaction and initiate a refund to his registered bank account, if the transaction is deemed to be suspicious.
11. Rewards Guaranteed
    1. The Rewards Guaranteed Programme Is Discretionary And Promotional In Nature. Advance Communication About The Start And End Dates Of Each Such Programme Will Be Communicated To Both Buyers and Cardholders
12. Privacy
    1. We collect, hold, use and transfer your personal data in accordance with our Privacy Policy. By agreeing to the Terms of Use, you hereby agree to our Privacy Policy, which may be updated and/or modified by us from time to time. You understand and agree that, to the extent permitted by applicable law, any data provided by you in connection with the Discountguaranteed.com App and/or its Web-Based Services may be shared with our affiliates or partners, and/ or used by us for enhancing the Discountguaranteed.com App and/or its Web-Based Services, including but not limited to creating new products. Please refer to the Privacy Policy for further clarity on the subject. .
13. Disclaimer
    1. The Discountguaranteed.com App and/or its Web-Based Services, including all content, software, functions, material, and information made available or accessible through the Services are provided “as is”. Discountguaranteed.com, their respective agents, co-branders or partners, make no representation and warranty of any kind for the content, software, functions, material, and information available/accessible through the Services.
    2. Discountguaranteed.com does not warrant that the functions contained in content, information and materials on the Discountguaranteed.com App and/or its Web-Based Services, including, without limitation any third-party sites or services linked to the App will be uninterrupted, timely or error-free, that the defects will be rectified, or that the App or the servers that make such content, information, and materials available are free of viruses or other harmful components.
14. Limitation of Liability
    1. In no event shall discountguaranteed.com, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether discountguaranteed.com has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, Discountguaranteed.com App and/or its Web-Based Services. In no event shall discountguaranteed’s total cumulative liability to Buyers or Cardholders, in connection with the Discountguaranteed.com App and/or its Web-Based Services for all damages, losses and causes of action, arising from or relating to these terms and conditions exceed the net fees discountguaranteed.com has actually received and retained from your valid transactions during the three (3) month period immediately preceding the date of the claim.
15. Indemnity
    1. You agree to defend, indemnify and hold harmless discountguaranteed.com, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) from and against any and all claims, demands, damages, obligations, losses, liabilities, cause of action, costs or debt, and expenses (including any legal fees) arising from:
    2. your use of and access to the Discountguaranteed.com App and/or its Web-Based Services
    3. your violation of any of these terms;
    4. your violation of any third party right, including any intellectual property right or privacy right;
    5. the committing of any of the prohibited activities as stated here;
    6. your failure to be in compliance with applicable law, including tax regulations; or
    7. any claim that your use of the Discountguaranteed.com App and/or its Web-Based Services caused damage to a third party.
16. Disputes & Legal Proceedings
    1. Discountguaranteed.com and the Buyer and Cardholder agree that any legal action or proceedings arising out of the ‘Terms and Conditions’ shall be brought in the courts or tribunals at New Delhi, in India and irrevocably submit themselves to the jurisdiction of that court or tribunal. Discountguaranteed.com may, however, in its absolute discretion, commence any legal proceedings arising out of these ‘Terms and Conditions’ in any other court, tribunal or other appropriate forum and the Buyer hereby consents to this jurisdiction. These terms shall be governed and construed in accordance with the laws of India.
17. Use and Protection of Intellectual Property Rights
    1. DISCOUNTGUARANTEED.COM and the Discountguaranteed.com App and/or its Web-Based Services are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. No information, content or material from the App including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without discountguaranteed.com’s express written permission. You are hereby given a limited licence to use the Discountguaranteed.com App and/or its Web-Based Services, subject to your agreement of these Terms. All of the above mentioned information, content or material is our intellectual property.
    2. DISCOUNTGUARANTEED.COM and its licensors, if any, are the sole owners of the underlying software and source code associated with the Discountguaranteed.com App and/or its Web-Based Services and all the trademarks, copyright an any other intellectual property rights of any nature in the Product.
    3. When you upload, submit, store, send or receive content that may include feedback to or through our App, you give discountguaranteed.com a worldwide, perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence shall not revert to you even if it is not used by discountguaranteed.com. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the Discountguaranteed.com App and/or its Web-Based Services and to develop new ones. This licence continues even if you stop using the Discountguaranteed.com App and/or its Web-Based Services
18. Tax Liability
    1. You hereby agree to comply with any and all applicable tax laws in connection with your use of the Discountguaranteed.com App and/or its Web-Based Services, including without limitation, the reporting and payment of any taxes arising in connection with payments made, or funds/income received through the Discountguaranteed.com App and/or its Web-Based Services
19. Assignment
    1. The licence granted hereunder to You shall not be transferred or assigned by you.
    2. You give your approval to discountguaranteed.com for it to assign or transfer these Terms in whole or in part, including to (i) a subsidiary or an affiliate; (ii) an acquirer of discountguaranteed.com’s equity, business or assets; or (iii) a successor by merger.