Terms Of Service

D. Dayalbhai & Company Effective Date: January 2026 Last Updated: January 2026

1. Introduction

Welcome to the website of D. Dayalbhai & Company (www.ddayal.com). These Terms of Service (“Terms”) govern your access to and use of our website and the information, content, and services made available through it.

D. Dayalbhai & Company is a tea auction commission agency established in 1957, with offices in Kolkata and Guwahati, India. We operate as commission agents, buying agents, and procurement facilitators for tea buyers and traders across India’s major auction centres — Kolkata, Siliguri, and Guwahati.

By accessing or using this website, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of this website immediately.

These Terms should be read alongside our Privacy Policy and Disclaimer, both of which form part of the legal framework governing your use of this website.

2. Definitions

For the purposes of these Terms, the following definitions apply:

“Company” means D. Dayalbhai & Company, its partners, family members, employees, and authorised representatives.

“Website” means the website accessible at www.ddayal.com, including all its pages, content, and features.

“User” or “You” means any individual or entity accessing or using this website, whether as a visitor, prospective client, or existing client.

“Services” means the tea auction commission, buying agency, bulk procurement, and related services offered by D. Dayalbhai & Company as described on this website.

“Content” means all text, images, data, information, graphics, and other material published on this website by the Company.

“Client” means any individual or business entity that has engaged D. Dayalbhai & Company under a formal service arrangement.

“Auction Centre” means any of the tea auction centres at which the Company operates, currently Kolkata, Siliguri, and Guwahati.

3. Acceptance of Terms

3.1 Agreement to Terms

By visiting, browsing, or otherwise using this website, you agree to comply with and be bound by these Terms. This agreement takes effect from the moment you first access the website.

3.2 Capacity to Contract

By using this website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into binding agreements. If you are accessing the website on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

3.3 Updates to Terms

We reserve the right to revise these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of the website after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review this page periodically.

4. Use of the Website

4.1 Permitted Use

You may use this website for lawful purposes only and in a manner consistent with these Terms. Permitted uses include:

  • Browsing information about D. Dayalbhai & Company and our services
  • Submitting enquiries through our contact form
  • Accessing general information about the Indian tea trade and auction process
  • Contacting us to discuss a potential business arrangement

4.2 Prohibited Conduct

You must not use this website in any way that:

  • Violates any applicable Indian or international law or regulation
  • Is fraudulent, deceptive, or misleading in any way
  • Involves sending unsolicited commercial communications (spam)
  • Attempts to gain unauthorised access to any part of the website, our servers, or any connected systems
  • Introduces viruses, malware, or any other harmful code or technology
  • Interferes with or disrupts the operation, availability, or integrity of the website
  • Scrapes, crawls, or harvests content or data from the website in an automated manner without our express written permission
  • Impersonates the Company, its partners, employees, or any other person
  • Reproduces, duplicates, copies, sells, or exploits any content from the website for commercial purposes without our written authorisation
  • Attempts to reverse engineer, disassemble, or otherwise tamper with any element of the website’s technical infrastructure

4.3 User Submissions

When you submit information to us through the website — such as an enquiry via the contact form — you confirm that:

  • All information you provide is accurate, truthful, and not misleading
  • You are authorised to share the information you provide, particularly where it relates to a business or third party
  • You consent to our use of that information in accordance with our Privacy Policy

5. Our Services — General Terms

5.1 Nature of Services

D. Dayalbhai & Company provides tea auction commission agency, buying agency, bulk procurement, and private procurement services. The website provides an overview of these services for informational purposes.

The descriptions of services on this website are intended to give a general understanding of what we offer. They do not constitute a binding offer, contract, or guarantee of any specific service outcome.

5.2 Engagement of Services

Our services are engaged through direct communication and agreement between the Company and the client — not through this website. No binding service arrangement is created by your use of this website or submission of an enquiry.

A formal service relationship is established only when both parties have agreed to the terms of engagement in writing or through an established course of dealing, as is standard practice in the Indian tea trade.

5.3 Service Availability

The Company reserves the right to:

  • Accept or decline any enquiry or service request at its sole discretion
  • Modify, suspend, or discontinue any service at any time
  • Set limits on the scope of services provided to any client

5.4 No Guarantee of Results

As a commission agent and buying agent operating in open auction markets, the Company cannot guarantee:

  • Specific auction prices or price ranges
  • Availability of particular grades, origins, or volumes at any auction
  • The outcome of competitive bidding processes
  • Quality consistency across auction cycles, which is subject to seasonal and supply-side variation

All auction activity is conducted on a best-efforts basis using the expertise and market knowledge accumulated over six decades of operation.

6. Intellectual Property Rights

6.1 Ownership

All content published on this website — including but not limited to text, service descriptions, company history, page structure, layout, graphics, and any other creative or informational material — is the intellectual property of D. Dayalbhai & Company and is protected under the Copyright Act, 1957, and other applicable Indian intellectual property laws.

6.2 Permitted Use of Content

You may view, print, or download content from this website for your own personal, non-commercial reference only, provided that:

  • You do not modify or alter the content in any way
  • You retain all copyright and proprietary notices
  • You do not use the content in a manner that suggests endorsement by or association with the Company

6.3 Prohibited Use of Content

You must not, without our prior written permission:

  • Reproduce, republish, or redistribute any content from this website in any medium for commercial purposes
  • Use any content from this website in any marketing, promotional, or competitive material
  • Present any content from this website as your own original work
  • Remove or obscure any copyright, trademark, or other proprietary notices

6.4 Trademarks and Trading Name

The name “D. Dayalbhai & Company” and associated trading identity represent a business reputation built over more than six decades. Any unauthorised use of our name, trading style, or branding — whether for commercial gain, impersonation, or any other purpose — is strictly prohibited and may give rise to legal action.

6.5 Feedback and Submissions

If you submit any feedback, suggestions, or ideas to us regarding our services or website, you acknowledge that such submissions become the property of the Company and may be used without obligation or compensation to you.

7. Confidentiality of Business Communications

Any business information, procurement requirements, pricing parameters, or trade-sensitive details shared with D. Dayalbhai & Company in the course of an enquiry or service engagement will be treated with confidentiality appropriate to the professional standards of the tea trade.

Equally, you acknowledge that any market information, client lists, auction strategies, or trade knowledge shared with you by the Company in the course of a business relationship is confidential and proprietary to the Company, and must not be disclosed to third parties or used for any purpose other than the specific business engagement for which it was shared.

8. Accuracy of Website Content

8.1 General Accuracy

We take reasonable care to ensure that the information on this website is accurate and up to date at the time of publication. However, the tea trade is a dynamic industry and certain information — including references to auction centres, market practices, tea grades, and regulatory requirements — may change over time.

8.2 No Warranty of Accuracy

We do not warrant that the content on this website is at all times accurate, complete, current, or free from error. Content is provided on an “as is” and “as available” basis.

8.3 Corrections

We reserve the right to correct, update, or remove any content on the website at any time without notice. If you believe any content is inaccurate, you are welcome to bring it to our attention by contacting us directly.

9. Third-Party Links and External Websites

9.1 External Links

This website may contain links to third-party websites including industry bodies, auction platforms, trade publications, or other resources. These links are provided for convenience and reference only.

9.2 No Endorsement

The inclusion of any link does not imply our endorsement, sponsorship, or recommendation of the linked website or its content. We have no control over the content, availability, or practices of any third-party website.

9.3 No Responsibility

We accept no responsibility or liability for any content, products, services, or practices offered by third-party websites. When you leave our website, you do so at your own risk and subject to the terms and conditions of the third-party site you visit.

10. Website Availability and Technical Issues

10.1 No Guarantee of Availability

We aim to keep this website available at all times but do not guarantee uninterrupted, continuous, or error-free access. The website may be taken offline for maintenance, updates, or other operational reasons without prior notice.

10.2 Technical Errors

We do not warrant that the website will be free from technical errors, bugs, or security vulnerabilities. We will make reasonable efforts to resolve any technical issues promptly upon becoming aware of them.

10.3 Compatibility

We do not guarantee that the website will be compatible with all browsers, devices, or operating systems. Users are responsible for ensuring their own technical environment is suitable for accessing the website.

11. Limitation of Liability

11.1 General Limitation

To the maximum extent permitted by applicable Indian law, D. Dayalbhai & Company, its partners, family members, employees, and agents shall not be liable for any loss or damage — direct, indirect, incidental, special, punitive, or consequential — arising from:

  • Your access to or use of this website
  • Your inability to access or use this website
  • Any reliance placed on content appearing on this website
  • Any errors, inaccuracies, or omissions in the content of this website
  • Unauthorised access to your data or device resulting from your use of the website
  • Any interruption, suspension, or termination of the website
  • Any third-party content or linked websites

11.2 Liability Cap

Where liability cannot be entirely excluded by law, the total aggregate liability of D. Dayalbhai & Company to you in connection with your use of this website shall not exceed INR 10,000 (Indian Rupees Ten Thousand Only), regardless of the nature or basis of the claim.

11.3 Service-Related Liability

Any liability arising from a formal service engagement — as distinct from general use of this website — shall be governed by the specific terms agreed between the Company and the client at the time of engagement, and not by these Terms of Service.

12. Indemnification

You agree to indemnify, defend, and hold harmless D. Dayalbhai & Company and its partners, family members, employees, and representatives from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • Your use of or access to this website
  • Your violation of any provision of these Terms
  • Your violation of any applicable law or regulation
  • Your infringement of any third-party rights, including intellectual property rights
  • Any false, misleading, or inaccurate information submitted by you through this website

13. Privacy

Your use of this website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using this website, you consent to the collection and use of your personal information as described in our Privacy Policy.

Please review our Privacy Policy carefully before submitting any personal information through this website.

14. Force Majeure

D. Dayalbhai & Company shall not be held liable for any failure or delay in fulfilling obligations — whether relating to website operation or service delivery — caused by circumstances beyond our reasonable control. These include but are not limited to:

  • Natural disasters, floods, or extreme weather events
  • Pandemics, epidemics, or public health emergencies
  • Acts of government, regulatory changes, or legal restrictions
  • Power failures, internet outages, or telecommunications disruptions
  • Industrial disputes or labour actions
  • Acts of war, civil unrest, or terrorism
  • Failure of third-party suppliers or service providers

In such circumstances, we will make reasonable efforts to restore normal operations as promptly as possible.

15. Severability

If any provision of these Terms is found by a competent court or authority to be unlawful, invalid, or unenforceable, that provision shall be deemed severed from the remainder of the Terms. The remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable, reflecting the original intent of the parties as closely as possible.

16. Waiver

The failure of D. Dayalbhai & Company to enforce any right or provision of these Terms on any occasion shall not constitute a waiver of that right or provision on any future occasion. No waiver of any term shall be effective unless made in writing and signed by an authorised representative of the Company.

17. Entire Agreement

These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and D. Dayalbhai & Company in relation to your use of this website. They supersede all prior discussions, representations, or agreements relating to the same subject matter.

Nothing in these Terms affects any separate written agreement that may exist between the Company and a client in relation to a specific service engagement.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising out of or in connection with these Terms or your use of this website shall be subject to the exclusive jurisdiction of the courts of Kolkata, West Bengal, India. Both parties hereby submit to the personal jurisdiction of such courts for the purpose of resolving any such dispute.

19. Dispute Resolution

In the event of any dispute arising from these Terms or your use of this website, we encourage you to contact us directly in the first instance. We are committed to resolving disputes amicably and in good faith, in keeping with the values that have guided our family business for over six decades.

If a dispute cannot be resolved through direct communication within 30 days of notice being given, either party may refer the matter to a mutually agreed mediator or arbitrator in accordance with the Arbitration and Conciliation Act, 1996, before resorting to formal legal proceedings.

20. Contact Us

For any questions, concerns, or clarifications regarding these Terms of Service, please contact us:

D. Dayalbhai & Company

Kolkata Office 3, Rabindra Sarani, 3rd Floor Kolkata – 700001, West Bengal, India Tel: 033-22156342

Guwahati Office South Sarania Ashram Road, Ulubari Guwahati – 781007, Assam, India Tel: 0361-2521428

Website: www.ddayal.com