Terms Of Service
Last Updated: Feb 15, 2021

These terms of service outline the rules and regulations for the use of dudes.co.in web service provided by CleNet PLC. By using this web service we assume you accept these terms and conditions. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person uses this service and compliant to the Company’s terms of service. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Please read these conditions carefully before using the dudes.co.in website. By using the dudes.co.in website, you signify your agreement to be bound by these conditions.

In addition, when you use any current or future dudes.co.in service (eg. Wish List or Rental Subscription), you will also be subject to these terms, guidelines and conditions.

These "Terms of service" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

License

Unless otherwise stated, CleNet PLC and/or its licensors own the intellectual property rights for all material in CleNet web service. You may subscribe to the service as a brand, agency and identified client, the terms of which differ. All intellectual property rights are reserved. You may use this service for your use subject to restrictions set in these terms of services. Except as otherwise permitted by CleNet PLC in writing, any person or business unity must not directly, indirectly, or through automated or other means: (a) distribute, sell, resell, or rent our Business Services to third parties; (b) distribute or make our Business Services available over a network to be used by multiple devices at the same time, except as authorized through tools and configurations that we have expressly provided for your use via our Business Services; and (c) copy, reproduce, distribute, publicly perform or display, modify, or make derivative works based upon all or portions of our Business Services. Company must not directly, indirectly, or through automated or other means: (d) remove any proprietary rights notices or markings; (e) reverse engineer any aspect of our Business Services or do anything that may discover source code; (f) scrape or extract data from our Business Services; (g) develop or use any applications that interact with our Business Services without our prior written consent; and (h) create software or APIs that function substantially the same as our Business Services and offer them for use by third parties in an unauthorized manner. To report claims of third-party copyright, trademark, or other intellectual property infringement, please contact us. If you infringe the intellectual property rights of others, we may take action with respect to your account, including disabling or suspending your account. CleNet PLC reserves the right to monitor all inappropriate, offensive usage of CleNet services or causes a breach of these Terms of services.

Use of Services

The Services are available to all Users having an Internet access and technical and computer resources required for the functioning of the Services, as described on the Website.

All costs related to the Services are exclusively borne by the User, including but not limited to material fees, software or Internet access fees. The User is sole responsible for ensuring the proper functioning and parameter of his or her computer facilities and Internet access.

Use of Products

The Products listed in our site can be subscribed by anyone by browsing through dudes.co.in. All costs related to the Services are exclusively borne by the User, including but not limited to material fees, software or Internet access fees. The User is sole responsible for ensuring the proper functioning and parameter of his or her computer facilities and Internet access.

Order Confirmation

On receipt of the order, we shall confirm the order with the Customer by sending a confirmation (subject to successful verification of KYC) to the registered e-mail address of the Customer. In the event, any product selected by the Customer is unavailable, we shall inform the same to the Customer. We reserves the right to replace any product selected by the Customer in the event of unavailability.

The Customer shall be provided with an option to either accept or deny such substitution at the time of confirming the order. In the event, the Customer does not accept the substitute Product, we shall consider the order as invalid.

The order raised by the Customer shall be processed subject to successful verification of the KYC and serviceability of the Customer location as per our policy. In case the KYC verification is not successful, or the location is not serviceable by us, we reserve the right to reject the Customer’s order any time prior to delivery, at its sole discretion without assigning any reason even after successful KYC or serviceability of the location.

The Customer authorizes us to verify all the details provided by him/her and verify his/her credit score by evaluating their credit report with the help of any credit bureau and/or any other third party.

Delivery

On confirmation of the order by the Customer, we shall deliver the Products to the location specified by the Customer. The cost of the delivery shall be borne by us. The Customer shall be present at the location at the time of delivery agreed between us and the Customer. In case the Customer is not present or has not assigned a representative for taking delivery, at the location and a second delivery attempt is required, we shall charge an extra delivery cost to the Customer.

We shall inspect the quality and ensure that the Products are working and in usable condition before the delivery of the Products to the Customer. The Customer shall inspect the Products for any damage and quality during the time of delivery. In case any Product is damaged during transit or unfit for use, we shall replace the same at its own cost and in case a replacement is not required, such damage shall be noted in the delivery receipt and a photo of the same shall be taken for record. In case any claim of damage is brought against the Product after the acceptance of delivery by the Customer, we shall not be responsible towards replacing the Product and shall levy a damage to be ascertained as per the damage policy below.

Service for the Product

We shall provide the service for the Product during the term of this Agreement. In case any service is required for the Product, the Customer shall raise the request for the service, however, we shall try to resolve the issue over call, in case the same is not resolved, we shall send its representative within 2-5 days from the date service request raised by the Customer to assess the service requirement of the Product, in case the issue cannot be resolved at the Customer Premises, our representative shall pick up the Product from the Customer and shall deliver a temporary basic product to the Customer. As we are not an authorized service provider of the Product manufacturer, we shall submit the Product with the authorized service center of the manufacturer and shall inform the duration required for service to the Customer. Once the original Product is repaired, we shall deliver the original Product to the Customer and shall collect the product from the Customer.

The Customer shall be liable to pay for any quality assessment check (QC) cost incurred by us or any service charges incurred by us for the service. In case of manufacturing defect, the Customer shall not be liable to pay the charges for such service. Any service arising out of damage as per DAMAGE /LOST clause bellow, the Customer shall be liable to pay for such damage.

In case the service is due to manufacturing defect, the Customer shall be charged the monthly rentals on a pro rata basis for the number of days the Product is used by the Customer. In case the service is due to the damage done by the Customer, then the Customer shall be liable to pay the monthly rentals for the entire duration the Product was in service. However, in case the service period exceeds 30 days, the Customer shall not be liable for the duration the Product was under service.

Damage/Lost

The Customer shall be liable to pay for any damage (including but not limited to dent, scratches, breakage, chipping, cracked display, jail break of device, exposure to liquid or dampness or moisture or sand, hardware and software tampering including jailbreak, rooting, unlocking boot ROM, bending of Product frame, modifications, unauthorized repairs, tampering of the Product serial number and malware installation or any other cause not arising due to manufacturing defect of the Product) of the Product, up to the existing market value of the Product, at the time of such damage.

In case the product is lost (including but not limited to robbery, theft, misplacement) by the Customer, the Customer shall intimate us immediately and the Customer shall either file a first information report (“FIR”) with the jurisdictional police station and share the copy with us or shall assist us in filing the FIR. The Customer shall be liable to pay a penalty amounting to the existing market value of the Product, at the time of such incident.

Inspection

We reserve the right to inspect the Product delivered to the Customer during the final pick up of the Product at the end of the term or earlier termination (as the case may be). The Customer shall co-operate with us to carry out the necessary quality checks of the Product at the time of pickup of the Product. We shall provide a quality check report to the Customer, in case any damage is found to the Product at the time of reverse pickup, the Customer shall be liable to pay for such damage. The Customer hereby agrees that, in addition to doing the QC at the Customer’s premises, we shall conduct a QC at its warehouse / service center and in case any additional damage is found, the same shall be informed to the Customer and shall be binding on the Customer.

Data

The Customer is hereby informed that during service any data stored (including but not limited to contacts, images, videos, files, software and passwords) in the Product will be deleted and reformatted. We shall not be responsible for any loss of software programs, data or other information contained on the Product. Further the Customer, shall be responsible for deleting and backing up any data stored on the Product before returning the Product to us. In the event, Customer fails to delete the stored data or take back up of the data, we shall delete all the data stored on the Product. The Customer hereby agrees that, we shall not be liable for any loss of data stored on the Product or any economic consequential damages including lost profits. The Customer shall be responsible for removing any sim card, memory card, accessories in the Product before submitting it to our representative.

We reserves the right to install software for tracking the location of the Product. The Customer hereby agrees to such installation of software in the Product. The Customer shall not uninstall or stop service of such software installed on the Product under any circumstances. However, in case the software is deleted due any update of firmware, the Customer shall immediately inform the same to us.

Termination

In the event, the Customer does not wish to extend the rental period beyond the Agreement date, the Agreement shall terminate on last day of the rental term.

We shall have the right to immediately terminate this Agreement in the following events:
a. default of payment of rental dues or any other payment dues by the Customer; or
b. breach of any of the terms of this Agreement.

Consequences of termination

We shall have the right to take possession of the Products delivered to the Customer immediately. Any payment pending from the Customer shall become payable immediately to us. We shall have the right to terminate the Agreement without any cause by providing 7 days’ notice to the Customer.

Cancellation/Refund Policy

In the event, the Customer does not wish to rent after payment for the subscription, there shall be a deduction of small service termination fee depending on situation, which shall be half of the subscription fee of the Laptop booked. The remaining amount shall be refunded to the same account from where the money has been credited to our account.

In case customer returns the laptop any time during the subcription period, then there shall be no refund and the subscription shall be considered for complited for that month. Also customer cannot ask to get back the laptop to continue the subscription again. And for remaining subscription periods(if there), there shalll be a deduction of half months subscription fee of the Laptop booked & remaining the remaining amount shall be refunded to the same account from where the money has been credited to our account.

Ownership of products

We shall at all times during the term of this Agreement, retain title to and / or be the beneficial owners of the Products delivered to the Customer, pursuant to the Agreement. Nothing in this Agreement shall be construed as a transfer of ownership of the Products to the Customer. The Customer shall give immediate notice to us if any of the Product is about to become liable or is threatened with seizure and the Customer shall indemnify us against all loss and damage caused by such action against its Products.

Assignment

The Customer shall not assign or transfer any interest in this Agreement or the Products without the written consent of us. Any such transfer or assignment shall be considered as illegal and hence a violation of the terms of this Agreement. We reserve the right to assign this Agreement, to any third party (including credit rating agencies, factoring agents and NBFC) without prior notice to the Customer.

Indemnification

The Customer shall indemnify, defend and hold CleNet PLC harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys’ fees and costs) for any Product damage or personal injury arising from the Customer’s use of the Product by any cause, except to the extent such is caused by our negligence or willful misconduct. The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall CleNet PLC be liable for any direct, indirect, special or consequential loss or damage arising out of Customer’s use of the Products.

Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.

E-Platform for Communication

You agree, understand and acknowledge that the website is an online platform that enables you to rental subscription of products listed on the website at the price indicated therein at any time from any location.

Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not dudes.co.in, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
• for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
• to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam.
• to cause annoyance, inconvenience or needless anxiety

Claims against Objectionable Content

Because dudes.co.in lists a lot of products for rent or sale on the website, it is not always possible for us to be aware of the contents of each product listed for rent or sale, or each comment or review that is displayed. Accordingly, dudes.co.in operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately. Once this procedure has been followed, dudes.co.in will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time.

Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CleNet PLC, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of CleNet PLC and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of CleNet PLC, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.

You may not systematically extract/ or re-utilise parts of the contents of the website without CleNet PLC and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without CleNet PLC and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without CleNet PLC and / or its affiliate's (as may be applicable) express written consent.

Intellectual Property Claims

CleNet PLC and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please let us know the concerns with adequate proofs.

Disclaimer

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes.

Links to Third Party Websites

The Website may provide links to third party websites that are outside the control of CleNet PLC. CleNet PLC does not endorse and shall not be liable or responsible for functioning or the authenticity, availability, suitability, reliability, accuracy of the information provided by the Third Party website. CleNet PLC shall not be liable or responsible for any damage, loss or harm, direct, indirect or consequential or any violation of local or international laws that may be incurred by the User’s visit and/or transactions/activities on these third party site(s).

Any question, comment or claim with regard to another website than the Website shall be addressed to operators, editors or hosts of these websites.

Maintenance, Support and availability of service

To the fullest extent applicable by law, the Company has only an obligation to use all reasonable means to provide the Services to the User. The Company shall not be liable for any indirect or consequential damages.

The Services are provided on an ‘as is’ basis with no express or implicit guarantee of any sort. The Company does not guarantee, represent or warrant that the Services will be totally free of errors, and that the Services will specifically meet the User’s needs and expectations.

The Company shall not be liable in case of damages or services unavailability caused by a force majeure event, nor for any breach or improper performance of the Terms by the User. The Company shall not be liable for the unavailability of its servers and Services arising out of the telecommunication networks interruption or disruption.

The Company reserves the rights to temporarily suspend or interrupt access to part or all of its Services to carry out maintenance and updates of such Services, or in case of technical failure. Such interruption or suspension will not entitle the User to any compensation nor incur any obligation for the Company.

The Company shall not be liable for the disruption or damages related to the use of the Internet networks. In particular, the Company shall not be liable for any disruption in the provision of the Services.

The Company shall not be liable in case the User’s computer equipment or mailbox otherwise rejects, for example because of a spam system, the emails sent by the Company.

The Company shall not be liable in case the User uses the Services for commercial activity purposes, notably when a disagreement arises between the User and a third party.

Limitation of Liability

We will not be liable to the company for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with these business terms, us, or our business services, even if we have been advised of the possibility of such damages. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to the company. Notwithstanding anything to the contrary in these business terms, in such cases, the liability of CleNet PLC and its directors, officers, employees, affiliates, and agents will be limited to the fullest extent permitted by applicable law.

Amendment

We may amend or update these Business Terms, including all incorporated policies and documents. Changes to these Business Terms become effective upon the date that we publish such changes. The company continued use of our Business Services confirms its acceptance of these Business Terms as amended. If the Company does not agree to these Business Terms as amended, Company must stop using our Business Services. Please review these Business Terms from time to time.

Governing Law and Jurisdiction

This Website is deemed to be located in the India and the Service is deemed to be provided from India and shall be subject to exclusive jurisdiction of courts in Bengaluru. These Terms, its validity, its interpretation and performance shall be governed by laws of India. You agree that any dispute between the parties hereto arising out of or in connection with these Terms (including any question regarding its validity or termination) shall be submitted exclusively to courts of Bengaluru, India.

Logo or other artwork

No use of CleNet PLC’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Cookies

We may use cookies to make the service better and provide better user experience. Some of the services need cookies. You can disable cookies from browser settings. But some of the services may not work by disabling the cookies.

Notices

The ‘Users’ using the service, may receive a mail from CleNet PLC detailing the upcoming features and services we are going to provide and detailing of the existing features.