Terms and Conditions
General. This Agreement (the “Agreement”) and the policies referred to herein contain the complete terms and conditions that govern the information, products, and services (the “Services”) offered at https://www.desidips.in (referred to as “Desi Dips’s website” or the “Site”). In this Agreement, “Desi Dips”, “we”, “us”, and “our” refer to Desi Dips, LLC, and “User” or “you” refers to you. These terms may be modified by Desi Dips without prior written notice at any time. Online Store Terms. By visiting this Site and/or placing an order for products from Desi Dips’s website, you affirm that you are legally capable of entering into this Agreement, and you accept and are bound by its terms, including additional terms and conditions referenced herein and/or available by hyperlink. You may not order or obtain Services from Desi Dips’s website if you (a) do not agree to this Agreement, (b) are under 18 years of age or not legally able to form a binding contract with Desi Dips, or (c) are prohibited from accessing or using this Site or any of its Services by applicable law. Order Acceptance and Cancellation. Your order represents an offer to purchase the products listed in it. We reserve the right to accept or cancel orders at our sole discretion. Prices and Payment Terms. Prices displayed on this Site may differ from those at retail locations. All prices, discounts, and promotions are subject to change without notice. While we strive for accuracy, occasional typographical errors, inaccuracies, or omissions regarding pricing and availability may occur. We reserve the right to correct such errors and cancel orders resulting from them. Payment terms are at our discretion, and we require payment in full before accepting an order. By providing payment information, you confirm its accuracy, authorize its use for your purchase, and ensure your credit card company or financial institution will honor the charges. Products/Services. We may limit the sale of products by person, region, or jurisdiction, and quantities offered may be restricted. Product descriptions and pricing are subject to change at our discretion, and we may discontinue products at any time. Shipping. Estimated shipping and delivery dates are not guaranteed. We are not responsible for shipping delays. Return/Refund Policy. Due to the nature of our products, we do not offer returns or refunds. Contact us at [email protected] for assistance with any order issues.
Disclaimer of Warranties. The Services accessed on this Site are provided to you on an ‘as is’ basis, without any warranties. We do not guarantee that any products, information, or services purchased or obtained through this Site will meet your expectations, or that any errors in the Services will be corrected. To the fullest extent permitted by law, we are not liable for any loss or damage caused by viruses, distributed denial-of-service attacks, or other harmful material that may affect your computer equipment, data, or other proprietary material due to your use of the Site or any Services obtained through it. Desi Dips and its affiliates do not warrant that the Site, its content, or any Services obtained through the Site will be accurate, reliable, error-free, or uninterrupted, nor do we guarantee that our site or the server that makes it available are free of viruses or other harmful components. These disclaimers do not affect any warranties that cannot be excluded or limited under applicable law.
Reliance on Information Posted. The information on this Site is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Your reliance on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Desi Dips website, or by anyone who may be informed of any of its contents. Additionally, while we may periodically update the content on this Site, we are not obligated to do so, and such information may not always be current or complete.
so, and such information may not always be current or complete.
Third-Party Content. This Site may include content provided by third parties, such as other users, bloggers, and licensors. Any opinions or statements expressed in such materials are those of the respective author(s) and do not necessarily reflect the opinions of Desi Dips. We are not responsible for the accuracy or reliability of any third-party materials on the Site.
Limitation of Liability. Desi Dips, LLC, its affiliates, and their respective licensors, service providers, employees, agents, officers, or directors shall not be liable to you or any third party for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, including lost profits or revenues, arising out of or relating to your use or inability to use the Site, any websites linked to it, or any content on the Site or such other websites, regardless of whether such damages were foreseeable or we were advised of the possibility of such damages. This limitation of liability does not apply to liability resulting from our gross negligence or willful misconduct, or to liability for death or bodily injury caused by products purchased through the Site, or any other liability that cannot be excluded or limited under applicable law.
Indemnification. You agree to indemnify, defend, and hold harmless Desi Dips, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
Privacy. We respect your privacy and are committed to protecting it online. All information collected on this Site is subject to our Privacy Policy. By using the Site, you consent to the actions taken by us with respect to your information. We use the personal and transactional information you provide to fulfill your orders and may send periodic emails if you opt-in during registration. You can opt-out of these emails at any time by contacting [email protected].
Geographic Restrictions; Governing Law and Jurisdiction. This Site is operated from the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws. All disputes arising out of or relating to this Agreement are governed by the laws of the State of New York, without regard to any conflict of law provisions.
Miscellaneous. This Agreement represents the entire agreement between you and Desi Dips regarding the use of this Site and supersedes any prior agreements. We may update these terms from time to time, and continued use of the Site after any modifications constitutes acceptance of those changes.
No Waivers. Our failure to enforce any right or provision of this Agreement will not be deemed a waiver of future enforcement of that right or provision.
Assignment. This Agreement and the rights and obligations herein may not be transferred, assigned, or delegated by you without our prior written consent, but may be transferred, assigned, or delegated by Desi Dips.
No Third-Party Beneficiaries. This Agreement does not confer any rights or remedies upon any person other than you.
No Intellectual Property Grant of Rights. The Desi Dips name, logo, and all related names, logos, product and service names are trademarks owned by Desi Dips, LLC or its affiliates or licensors. You must obtain our prior written permission before using any such marks. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners. No license, right, or interest in any trademarks of Desi Dips or any third party is granted under this Agreement.
All text, graphics, video, data, and other content on the Desi Dips website (“Desi Dips Content”) is provided solely for your use of the Site. You agree not to copy, display, modify, create derivative works of, publish, or sell Desi Dips Content. Desi Dips Content may be modified by us from time to time in our sole discretion. Except as expressly set forth herein, no license is granted to you for any other purpose, and any unauthorized use of Desi Dips Content by you shall constitute a material breach of this Agreement. Nothing in this Agreement affects any rights of Desi Dips or its licensors in the Services or Desi Dips Content, or any associated patents, trademarks, copyrights, trade secrets, or other intellectual property rights.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We reserve the right to withdraw linking permission without notice, and we may disable all or any social media features and links at any time in our discretion.
Prohibited Uses. You agree to use this Site only for lawful purposes and in accordance with this Agreement. You agree not to use this Site in any manner that violates any applicable federal, state, local, or international law or regulation.
Severability. If any provision of this Agreement is found to be invalid, illegal, void, or unenforceable, that provision will be deemed severable from the remaining terms and conditions, which will remain valid and enforceable to the fullest extent permitted by law.
SMS/MMS Mobile Message Marketing Program
Desi Dips offers a mobile messaging program (the “Program”), which you agree to use and participate in according to these mobile messaging terms and conditions and privacy policy (“Mobile Messaging Terms and Conditions”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. These Mobile Messaging Terms and Conditions apply exclusively to the Program and do not alter other terms and conditions or privacy policies governing your relationship with us in other contexts.
User Opt-In:
The Program allows users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based enrollment forms. Regardless of how you opt in, you agree that these Mobile Messaging Terms and Conditions apply. By participating, you consent to receive recurring mobile messages, including autodialed or prerecorded marketing messages, at the phone number you provided. You understand that consent is not required to make any purchase from us. While you consent to receive messages via an automatic telephone dialing system, this does not imply that all our messages are sent using such technology. Message and data rates may apply, and message frequency varies.
User Opt-Out:
If you no longer wish to participate in the Program or agree to the Mobile Messaging Terms and Conditions, you can opt out by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message from us. You may receive an additional message confirming your decision to opt out. You acknowledge that these are the only acceptable methods of opting out and that alternate methods may not be recognized. Desi Dips and its service providers are not liable for failing to honor such requests.
Program Description:
Users opting into the Program will receive messages related to the marketing, promotion, payment, delivery, and sale of Desi Dips products. Messages may include checkout reminders.
Cost and Frequency:
Message and data rates may apply. Messages will be sent periodically at our discretion, with frequency varying from daily to monthly. The Program involves recurring messages, and additional messages may be sent based on your interactions with us.
Support Instructions:
For Program support, text “HELP” to the number you received messages from or email us at [email protected]. Please note that emailing this address is not a valid opt-out method; opt-outs must follow the procedures outlined above.
MMS Disclosure:
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Disclaimer of Warranty:
The Program is provided on an “as-is” basis and may not be available at all times or in all areas. We are not liable for delays or failures in message receipt due to changes made by your wireless carrier or other technical issues outside our control.
Participant Requirements:
To participate, you must have a wireless device capable of two-way messaging, use a participating wireless carrier, and subscribe to text messaging service. Not all carriers support the necessary service—check your device capabilities for specific instructions.
Age Restriction:
You may not use or engage with the Program if you are under thirteen (13) years old. If you are between thirteen (13) and eighteen (18) years old, you must have permission from your parent or legal guardian to participate. By using the Program, you affirm that you are of appropriate age and have necessary permissions under your jurisdiction’s laws.
Prohibited Content:
You agree not to send any prohibited content through the Program, including
Fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activities are strictly prohibited. Additionally, objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age is prohibited. You may not transmit pirated computer programs, viruses, worms, Trojan horses, or any other harmful code. It is also prohibited to promote or engage in any unlawful activities where the Program is received. Furthermore, you may not share any content that involves personal health information protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act). Any other content prohibited by applicable law in the jurisdiction from which the message is sent is also strictly forbidden.
Dispute Resolution:
Any dispute, claim, or controversy between you and us, or between you and Klaviyo or any third-party service provider acting on our behalf for transmitting mobile messages within the scope of the Program, arising from federal or state statutory claims, common law claims, this Agreement, or its breach, termination, enforcement, interpretation, or validity, will be resolved through binding arbitration in New York, NY. The arbitration will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitrator will apply the substantive laws of the Federal Judicial Circuit in which Desi Dips’s principal place of business is located, without regard to its conflict of laws rules. The arbitrator’s decision will be final and binding, and neither party will have the right to appeal except as provided under the Federal Arbitration Act (“FAA”). Each party will bear its share of arbitration fees and costs, although the arbitrator may award fees and costs to the prevailing party, if permitted by statute or contract. Punitive damages are not allowed, and each party waives any right to seek or recover punitive damages in arbitration.
Class Action Waiver:
Both parties agree that any claims will be brought in their individual capacity and not as part of a class or representative action. The arbitrator may not consolidate more than one person’s claims, and may not preside over any form of class or representative proceeding, unless both parties agree otherwise in writing. Except as required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties.
Florida Law:
We comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. If you opt into the Program and your shipping address is in Florida or your phone number’s area code is a Florida area code, we may assume you are a Florida resident. You agree that if you do not meet these criteria or notify us in writing that you are a Florida resident, the Florida Telemarketing Act and Florida Do Not Call Act do not apply to you. Messages sent in direct response to your requests, such as Keywords, opt-in, help, stop requests, and shipping notifications, are not considered “telephonic sales calls” or “commercial telephone solicitations” under Florida law.
Miscellaneous:
You represent and warrant that you have the authority to agree to these Mobile Messaging Terms and Conditions and perform your obligations under this Agreement without breaching any other contract or obligation. The failure to enforce any right provided in this Agreement will not be deemed a waiver of future enforcement of that right. If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions will continue in effect. We may update this Agreement from time to time, and any changes will be communicated to you. Your continued participation in the Program after any updates constitutes acceptance of the modified Agreement.