TERMS AND CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
All correspondence should be addressed by Users to the following address of the COMPANY: B-27, Road No 7, Film Nagar, Jubilee Hills, Hyderabad,Telangana,500033,India. When you visit the Website or send e-mails to us, you are communicating with us through electronic means. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. You acknowledge and agree that The COMPANY may preserve any communication by you with the COMPANY including communication through the website, and may also disclose such data if required to do so by law or the COMPANY determines that such preservation or disclosure is reasonably necessary to (1) comply with any legal requirement, (2) enforce this Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights or property of the COMPANY, Users of the Website, and the public.
The Website and its contents shall only be used in accordance with the terms of the Agreement. Use of this Website is regulated by the Agreement. Your visit, dealing, transacting and/or otherwise using this Website shall be deemed to mean that you have read, understood and unconditionally accept this Agreement. This Agreement shall be treated as a legally binding and enforceable agreement between the COMPANY and you. If you do not agree with any and/or all of this Agreement, then you should stop dealing with and/or cease to initiate and do any transaction on this Website.
The information, products and services including but not limited to communications tools, forums, shopping services, search services, offered on this Website or through other mediums, whether now known or hereafter developed, is solely for the Users’ information and subject to the Users’ acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. Users’ use of the Website and/ or services is subject to the additional disclaimers and caveats that may appear throughout the Website. The COMPANY, its affiliate companies, associate companies, subsidiaries, consultants, contractors, advisors, accountants, agents, partners and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that a User takes based on the information, services, products and other materials offered on this Website. While the COMPANY strives to keep the information relating to the various products offered on this Website accurate, complete and up-to-date, the COMPANY, its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy or completeness of the information.
The COMPANY may change, suspend and/or discontinue the product(s) at any time, including the availability of any feature, database and content on the Website. The COMPANY may also impose limits on certain features and services and/or restrict Users’ access to parts and/or all of the services without notice and/or liability to the Users.
Any person who is not less than eighteen (18) years of age and competent to enter into valid contract under the Indian Contract Act, 1872 shall be eligible to visit, use, deal and/or transact at the Website. If User is not competent to inter into valid contract then User is prohibited to visit, use, deal and/or transact at the Website. Your visit, dealing and/or transaction at the Website shall be treated as your representation that you are competent to enter into valid legal contracts under the Indian Contract Act, 1872
User agrees to be responsible for all of User’s use of the services provided by the Website and access of the Website. User warrants that all information supplied by User in using the services and accessing the Website is correct and accurate. Failure to provide accurate information may subject the User to civil and criminal consequences. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
The COMPANY is entitled, at its sole discretion or as may be required by law, to amend this Agreement at any time. Updation of this Agreement on the Website shall be deemed to be an amendment of the Agreement. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this Agreement as amended by the COMPANY from time to time. Use of the services by User following such notification constitutes Users acceptance of the Terms and conditions of the Agreement as modified from time to time.
Intellectual Property Rights
All Products/materials displayed and/or performed on the Website are protected by patents, copyright, trademark, trade secrets and other intellectual property rights owned by the COMPANY, its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners, suppliers and/or other third parties. User shall abide by all copyright notices, intellectual property rights, information, and restrictions contained in any content accessed through the services.
The Website and material on the Website (including all intellectual property of any nature, whether registered or unregistered, including drawings, designs, illustrations, photographs, videos, sound tracks, written text, logos, trademarks) are the exclusive property of the COMPANY and its affiliates and subsidiaries. You may not reproduce by any means or process, in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained on the Website.
The Website is protected by copyright as a collective work and/or compilation, pursuant to Indian copyrights laws, international conventions, and other worldwide copyright laws. The COMPANY grants you a limited license to access and make personal use of the Website, provided that the User may not use the Website in any other manner without the prior consent of the COMPANY. The intellectual property of the COMPANY, including the Website or any portion of the Website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written consent of the COMPANY.
The COMPANY’s logos, product and service marks and/ or names are intellectual property which may be owned by the COMPANY and/or its affiliates. Without the prior written permission of the COMPANY, or its affiliates, as the case may be, User agrees not to display and/or use in any manner, such intellectual property. Nothing contained in the Website should be construed as granting any license or right in and/ or to the abovementioned intellectual property without the express written permission of the COMPANY or such third party. All other intellectual property on the Website is the property of its respective owners.
User may be required to register on the Website to use the Website for any online shopping transaction after furnishing all relevant information relating to User as sought on the Website. User shall be solely responsible for the confidentiality of all the information provided by it to the COMPANY in order to access the Website or otherwise.
User shall be solely responsible for the accuracy and correctness of all such details/information given by User to the COMPANY through the Website. If the COMPANY has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the COMPANY shall be entitled to cancel or suspend the use of the Website by the User permanently or for such period as the COMPANY deems fit.
User shall not impersonate any person or access the Website using the details (such as login details) of any other person other than the User. The COMPANY reserves the right to refuse registration of or prevent the User’s use of the Website in its discretion.
User hereby agrees to grant the COMPANY a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the various rights including copyright, publicity, and database rights User has in his/her information provided to the COMPANY, in any media now or in future known, with respect to the User’s information to enable the COMPANY to carry out its business. The COMPANY will only use User’s information in accordance with the Agreement.
Purchases and Payment
All orders are deemed offers from you to purchase our products. We may accept your offer by issuing a confirmation through electronic or other means of the purchase of the products specified in your order. Our acceptance of each such offer is expressly subject to and conditioned on your assent to this Agreement. The fulfilment of any order placed by the User shall be subject to availability of the stock of the relevant product with the COMPANY.
The pricing for all products on the Website will attract taxes and shipping costs. The COMPANY reserves the right to modify the prices of products offered on the Website at any time without prior notice. The User will be charged the prices displayed on the Website at the time its order was confirmed, provided the goods ordered were available at this time. However, please note that the COMPANY reserves the right not to accept or to cancel a User’s order in its sole discretion for any reason without liability, including if the products are not available, are incorrectly priced or are incorrectly described.
All offers of products as they are displayed on the Website are subject to availability. The COMPANY reserves the right to change the items proposed on the Website at any time and without notice to the User. The COMPANY attempts to provide information about the availability of products at the time of the ordering, but at times errors may exist, including when simultaneous orders of the same product are being placed by several customers. If a product is not available or available after a delay after your place your order, it may be cancelled by the COMPANY or the COMPANY may provide the User the option to purchase such product with additional terms and conditions which may be applicable. If the User chooses to cancel its order, any amounts already charged may be refunded, as per the terms of this Agreement. The COMPANY shall not be liable if any products listed on the Website or ordered by the User are not in stock or otherwise not available.
All prices posted on this website are subject to change without notice. If the price of a product changes before the shipment, you may be notified of the same. In case of such notification of price change, the product shall be shipped based on your confirmation. Posted prices may include all taxes and charges. In case there are any additional charges or taxes, the same may be levied on the User.
Delivery costs may depend on the delivery service selected by the User. The COMPANY will endeavour to inform the User of the shipping costs for the shipment method you select on the Website before the User confirms its order. The delivery cost will be payable by the User in addition to the price, including taxes, of the product(s) ordered. The product(s) will be delivered within 7-12 business days. The COMPANY reserves the right to divide the products ordered by the User into two or more shipments.
At the time of ordering, the COMPANY will endeavour to inform the User of the expected or typical time required for delivery and the various forms of delivery available for the goods purchased. In some cases, certain delivery options may not be available or may take longer than the expected time period. Some products may be subject to delivery delays. If the User’s order, or a part of its order, is not able to be delivered without material delay, the COMPANY may attempt to contact the User to provide more information regarding the delivery and an estimated shipping date.
Any delivery failure or late delivery should be reported to the COMPANY as soon as possible. In order for the User’s claim of delivery failure or late delivery to be accepted, the User must notify the COMPANY as soon as possible regarding the occurrence of such an event with all the relevant information.
The User must check that its shipment is correct on delivery. If there are any discrepancies in its order, for example damaged or missing goods when it receives its order, it should note the nature of the problem. In such a situation, the User must contact the COMPANY as soon as possible, albeit not later than 48 hours after receiving the delivery with the pictures.
The User may return any product ordered on the Website for refund or exchange within 7 (seven) calendar days from the delivery date. Returned products must be in their original condition, and unused, unaltered, and in the same condition in which it was received with all tags attached, and in the original packaging. The original invoice must be provided with any returned product. The COMPANY will determine in its sole discretion whether the products are in original condition when returned. The COMPANY will perform a quality check audit of the returned product to determine if such product is eligible at all for refund or exchange. Shipping costs will not be refunded or included in the value for exchange of the returned product.
The COMPANY may charge and collect central and state taxes for online transactions based on shipping address and as required by applicable laws and regulations. An estimate of these taxes may be provided during the ordering process and the actual tax will be calculated when your order is shipped and may vary from the estimated tax. Subject to applicable law it is the User’s responsibility to determine and pay any applicable taxes or levies on the purchase of product(s) from the Website.
The User shall pay for any order placed on the Website immediately upon confirmation of its order. The User’s order will only be processed for shipment once the COMPANY has verified the payment method, received authorization to process its payment and received the payment for the ordered product(s). All payments must be received by the COMPANY prior to dispatch of the product(s) to the User. The COMPANY shall not be responsible for any deficiency in payment of consideration payable towards the products purchased on the Website. The COMPANY shall not be responsible for any failure in payment due to network failure, or failure of any third-party payment gateway / service which may result in failure of payment to be made to the COMPANY.
All products ordered through the Website remain the property of the COMPANY until full payment is made to the COMPANY by the User. In the event of a payment or other dispute relating to the product(s) ordered, the User may be required by the COMPANY to return the products that are the subject of dispute to the COMPANY immediately upon request, and to assume the risks (in particular the risks of loss, theft, and damage) relating to such product(s) ordered.
User undertakes and confirms that he/she would furnish complete and accurate details of its payment details which may include credit card, debit card, payment card, online banking accounts and unified payment interface details at the time of making payment, and shall be solely responsible for any cost, expense, loss and/or damage which the COMPANY may incur due to the User furnishing of wrong information relating to his/her payment method.
All sales are final, provided, however, cancellations other changes may be made before the order is shipped, at the sole discretion of the COMPANY. That COMPANY may cancel any accepted order before shipment if your credit if not approved or if there are other problems with the payment made or to be made by you, and the COMPANY shall not be liable for the same.
Once the User’s order is submitted for processing it may not be amended or cancelled except within 48 hours of placing the order or pursuant to applicable law. Placing an order confirms the User’s acceptance of the Agreement and any additional sale terms which may be specified by the COMPANY at any time.
The COMPANY reserves the right to refuse or cancel any order placed for a product due to technical issues, non-availability of the product(s) or payment problem. This shall be regardless of whether the order has been confirmed and/or payment been received. If the payment is received by the COMPANY and the order is refused or cancelled, then the COMPANY will refund the amounts to the User, subject to the provisions of this Agreement and the COMPANY’s policies.
The COMPANY reserves the right to cancel any order placed by a customer in its sole discretion and without liability, including, without limitation, if the COMPANY has reasonable cause to believe that such customer has violated this Agreement, lack of availability of a product for any other reason.
The COMPANY may, from time to time, determine what constitutes a bulk order and prevent the User from ordering more than a certain number of units of a product, at its sole discretion. The COMPANY may, from time to time, specify its exchange / replacement policy on its Website, which policies shall form a part of this Agreement.
The COMPANY confirms that the information provided by User shall be kept confidential and shall not be disclosed to any third party except to the extent required under the rules of any applicable laws, regulations and/or processes of any government, regulatory or statutory authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement.
The COMPANY reports and facilitates legal action in relation to actual and suspected payment fraud. The COMPANY may require further authorization from User in this regard. The COMPANY’s decision to require further authorization is at the COMPANY’s sole discretion. The COMPANY reserves the right to cancel, delay, refuse to deliver, or recall any order if fraud is suspected.
The COMPANY captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, all records will be submitted with or without a subpoena to the relevant law enforcement agencies and to the credit card, debit card, cash card, bank or payment service company for fraud investigation. The COMPANY will cooperate with authorities to take legal action against offenders.
The COMPANY shall take all reasonable precautions to protect the information provided by the User. However, it is expressly provided and accepted by the User that the COMPANY shall not be responsible in any manner whatsoever for any third party action which results in the information provided by the User being exposed and/or misused by such third party who accessed such information without any authorisation from the COMPANY. Orders may only be placed on the Website for personal use and not for resale or distribution. Any resale or distribution of COMPANY products purchased on the Website is not permitted.
Representations, Warranties and Covenants
The COMPANY makes no representations and warranties that the product description and any other content of its Website is accurate, complete, reliable, current or error free. While the COMPANY tries to ensure that the colour and design of the products in the photographs or other representations displayed on the Website are accurate and representative of the original products, variations may occur due to various reasons including technical restrictions of colour reproduction on your computer equipment and/or minor updates to the products. Accordingly, the COMPANY shall not be liable for any error or inaccuracy in the photographs or other representations of products displayed on the Website. If the User has any questions about the products, the User may contact the COMPANY.
The services, products, materials, information, content, Website and/ or any software are provided by the COMPANY to the User on an ‘as is’ and ‘as available’ basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement except as provided in the warranty terms of each respective product given by respective manufacturer of the said product.
User represents and warrants that User is the owner of and/or is authorised to share the information User shares on the Website. User confirms that such information is correct, complete, accurate, not misleading, does not violate any applicable law and will not cause loss or damage to any person and/or property.
User agrees and undertakes that information submitted by User is correct, complete and relevant, is not fraudulent, does not and shall not infringe any third party’s intellectual property, trade secrets, proprietary rights, and rights of publicity and privacy. Further, the User agrees and understands that the COMPANY reserves the right to remove and edit such information.
User confirms that he/she shall abide by all notices from the COMPANY and all the Agreement (as amended from time to time).
User undertakes that he/she shall not use the Website or services for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable law. User shall not use the Website, services and/or materials therein in any manner which could damage, disable or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with other Users’ use of the Website and/or the services provided by the COMPANY.
User shall not attempt to gain unauthorized access to the Website, other Users’ accounts, computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented). User shall not or shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Website.
User may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the website by hacking or any other illegal or unethical means.
In addition, user may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the website. User may not seek to trace any information on any other user of or visitor to the Website, or any other customer of the COMPANY, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
User agrees and understands that he/she is responsible for all of his/her activity in connection with the services of the COMPANY and accessing the Website. Any fraudulent, abusive or illegal activity may be grounds for termination of the User’s right to access the Website and obtain services from the COMPANY.
User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain private information from any other User. As a condition of use of this Website, User warrants to the COMPANY that User will not use this Website for any purpose that is unlawful or prohibited by this Agreement, correspondence with the COMPANY and/or applicable law.
Force Majeure Event
The COMPANY shall not be liable for any failure and/or delay on its part in performing any of its obligations under this Agreement and/or for any loss, damage, costs, charges and expenses incurred or suffered by the User by reason thereof if such failure and/or delay is the result of or arises out of a Force Majeure Event (as defined hereinafter).
“Force Majeure Event" means any event due to any cause beyond the reasonable control of the COMPANY, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of god, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or services under the Website, which affects the ability of the COMPANY to perform its obligations under the Agreement, or any other cause or circumstances beyond the control of the COMPANY hereto which prevents timely fulfilment of obligations of the COMPANY under the Agreement.
The User shall indemnify and keep indemnified the COMPANY and its directors, officers, employees and agents, in full and on demand, from and against any and all claims, liabilities, loss, demands, damages, costs (including reasonable legal costs and other professional fees) and expenses suffered or incurred by the COMPANY and/or its directors, officers, employees and agents, arising out of, as a result of or in connection with any (a) breach of the provisions of this Agreement by the User; (b) dispute between User and a third party; or (c) infringement of any third party’s intellectual property rights by the User.
Disclaimer of Warranties and Limitation of Liability
This Website is provided by the COMPANY on an ‘as is’ and ‘as available’ basis. The COMPANY makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this Website is at your sole risk.
To the full extent permissible by applicable law, the COMPANY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The COMPANY does not warrant that the site, its servers, or email sent by the COMPANY are free of virus or other harmful components. The COMPANY will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive and consequential damages.
Governing Law and Jurisdiction
This Agreement will be construed only in accordance with the laws of India. In respect of all matters/disputes arising out of, in connection with or in relation to this Agreement or any other conditions on the Website, only the courts at Hyderabad, Telangana shall have exclusive jurisdiction, to the exclusion of all other courts.
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