TERMS AND CONDITIONS
By accessing, browsing, using, registering with, or placing an order on the Site, you confirm that you have read, understood and agree to these Conditions in their entirety. If you do not agree to these Conditions in their entirety, please do not use this Site. This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. ABOUT VR|46 INDIA MERCHANDISE STORE
The domain name and the Site are owned, registered and operated by M/s. Iris Analytics and E-Commerce, a partnership firm incorporated under the Indian Partnership Act, 1932, and having its registered office at 499, Near Daharsen Smarak, Haribhau Upadhyay Nagar Ext. Pushkar Road, Ajmer, Rajasthan- 305001 (hereinafter referred to as “Seller” or “we” or “us” or “our”).
The VR|46 Racing Apparel S.r.l. (hereinafter referred to as the “Company”) is involved in the business of supplying clothing, merchandise and accessories. The Seller is involved in the distribution and retail of clothing and accessories supplied by the Company. The intellectual and industrial property in all the Products (defined hereinafter) available on the Site, is the exclusive property of the Company.
2. INTRODUCTION TO OUR SERVICES
2.1 These Conditions apply to the purchase of “VR|46” brand products (hereinafter referred to as “Products”) processed through the Site by users who can be classified as Consumers. The Seller manages and permits Products sale through the Site and the Consumer purchases one or more Products for purposes not related to his/her business, commercial, artisan or professional activity. The Seller and Consumer will hereinafter collectively be referred to as the “Parties”.
3. ACCESS AND USE OF THE SITE
3.1 Use Description: Access to and use of the Site, including the display of web pages, communication with the Seller, the possibility to download information about Products and the purchase of Products on the Site, are activities conducted by our Consumers exclusively for personal purposes unrelated to any commercial, business and professional activity.
The Site is dedicated to retail sales and, as such, is intended for the exclusive, non-commercial use of the Consumers. Persons who are not Consumers are invited not to place purchase orders on the Site and any purchase thereunder for commercial, business or professional activity shall be governed by a separate sale contract between the Seller and the buyer.
3.2 Eligibility to Use: You affirm that you have attained eighteen (18) years of age, are of sound mind and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Conditions. If you are under eighteen (18) years of age, you may use the Site by registering only with the approval of your parent or guardian.
At the time purchase order is sent by the Consumer, s/he accepts the confirmation of information relating to the order placed and these Conditions will be sent by e-mail to the address s/he declared during registration on the Site or during the purchase process.
3.4 Modifications to Service: The Seller reserves the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Seller will not be liable to you or to any third party for any modification, suspension or discontinuance of the service. We have no obligation to retain any of your account for any period of time beyond what may be required by applicable law. You acknowledge that we have given you a reasonable opportunity to review the Conditions and that you have agreed to them. You agree and acknowledge that your use of the Site is subject to the most current version of the Conditions made available on the Site at the time of such use.
4. MODIFICATIONS TO THE CONDITIONS
We reserve the right, at our sole discretion, to change, modify, add, remove or discontinue any aspect of the Conditions at any time. Such modifications and additional terms and conditions will be effective immediately from the date of publication on the Site and will only apply to sales concluded from that date. Your continued use of the Site will be deemed acceptance thereof.
6. USER CONDUCT AND CONDITIONS OF USE
6.1 The Products are sold with features described on the Site and in accordance with the Governing Documents published on the Site at the time of placing the order by the Consumer.
6.2 Prices of the Products for sale on the Site and/or their features may be subject to changes without notice. These changes only apply to orders not yet confirmed at the date of the change. In any case, before sending the purchase order in accordance with Clause 7 below, the Consumer is invited to verify the final sale price.
6.3 The Site can be accessed from all over the world. However, the Products available on the Site may only be purchased by Consumers who request their delivery in one of the locations within India indicated on the Site.
6.4 The Consumer has the possibility to request, by following the instructions on the Site, the customization just for certain Products indicated by the Seller in the relevant information sheet and in the way indicated therein. The Consumer takes full and exclusive responsibility for the content of the requested customization and, therefore, undertakes to fully discharge the Seller from any claim made by third parties that are consequent or in any case attributable to the content of the customization of the Product. Without prejudice to the above, in any case, the Seller reserves the right not to accept requests for customization that in its unquestionable judgement are detrimental to the intellectual property rights and/or image and/or honour and/or any other rights of the Company, Seller, and/or third parties. In these cases, the Seller will communicate his decision to the Consumer via e-mail, asking to replace or delete the text of the customization from the selected Product in order to proceed with the execution of the order, without constituting any responsibility of the Seller regarding estimated delivery times. You agree and acknowledge that the Seller has no control over and assumes no responsibility for the customization requested by the Consumer and by using the Site, you expressly relieve the Seller from any and all liability arising from such customization.
6.5 The Seller may cancel any order that is classified as bulk orders or fraud orders (“Bulk Order” or “Fraud Order”) under certain criteria at any stage of the Product delivery. Bulk Order/Fraud Order may include but is not limited to the following criteria:
a) Products ordered are not for self-consumption but for commercial resale;
b) multiple orders placed for the same Product at the same address, depending on the Product category;
c) bulk quantity of the same Product ordered;
d) invalid address given in order details;
e) any malpractice used to place the order;
f) any promotional voucher used for placing the Bulk Order; and
g) any order placed using a technological glitch or loophole.
6.6 You shall not use the Site for any unlawful and fraudulent purposes, which may cause annoyance, inconvenience and may abuse any policy and rules of the Seller company and/or interrupts or cause to interrupt and/or damages the use of the Site.
6.7 You shall not use any false or incorrect email address, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity or otherwise mislead the Seller by sharing multiple addresses and phone numbers or transacting with malafide intentions.
6.8 We allow our users to experience free exchange of ideas and observations regarding the Products or experiences associated with the purchase of the Product from the Site. By accessing, viewing and posting any user generated content (“User Content”) to any specific dedicated page on the Site, you accept and consent to the practices described in the Governing Documents, as well as any other terms prescribed by the Seller on the Site. Under no circumstances will the Seller be liable in any way for any content or materials of any third parties (including User Content), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that the Seller does not pre-screen content, but that the Seller and its designees will have the right, but not the obligation, in their sole discretion to refuse or remove any User Content. Without limiting the foregoing, Seller and its designees will have the right to remove any content that violates the terms of this Condition or is deemed by the Seller, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such content.
6.9 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the services rendered on the Site (collectively referred to as “Submissions”), provided by you to the Seller, its affiliates, successors, partners or permitted assigns are non-confidential and the Seller, its affiliates, successors, partners or permitted assigns will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
6.10 You understand and agree that the Submissions and/or the User Content should not include:
a) abusive, offensive or otherwise inappropriate language;
b) profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others;
c) comments about other reviewers or bloggers;
d) remarks that repeat criminal accusations, false, defamatory or misleading statements;
e) material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit/debit card numbers, etc.;
f) spam or advertising;
g) third party brand names or trademarks;
h) HTML code, computer script or website URLs;
i) availability, price, promotions or alternative ordering or delivery information;
j) an unsupported claim about the Product producing an effect other than that for which it is indicated; and
k) references to any Products other than the product to which the submission relates.
6.11 You agree not to use deep links, page scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to increase traffic to the Site, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Site.
6.12 You agree not to use or launch any automated system, including without limitation, robots, spiders, or offline readers that accesses the Site in a manner that sends more request messages to the Seller’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Seller grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
6.13 In connection with your use of the Site, you will not engage in or use any data mining, scraping or similar data gathering or extraction methods. If you are blocked by the Seller from accessing the Site (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the service other than as specifically authorized herein is strictly prohibited.
7. METHODS OF PRODUCTS PURCHASE
7.1 The presentation of the Products on the Site is not binding for the Seller and is merely an invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.
7.2 The purchase order submitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is regulated by these Conditions, which are an integral part of the order itself and that the Consumer, by transmitting the order to the Seller, is obliged to accept these Conditions in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions, to print a copy through the print command and to save or reproduce a copy for personal use. In addition, the Consumer will be asked to identify and correct any possible mistake about his/her data.
7.3 The Consumer's purchase order is accepted by the Seller by sending to the Consumer, to the e-mail address declared to the Seller when registering on the Site or submitting the order (if the Consumer is not registered on the Site), confirmation e-mail of the order, which will contain the link to these Conditions, a summary of the order placed, including details of the price, shipping costs and applicable taxes, and a description of the features of the Product ordered.
7.4 Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase Products from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Prior to dispatch of the Product(s), the Seller has the right to decline an order for any reason, including legal and regulatory reasons. Any purchase contract of Products shall be concluded only when the Consumer receives the order dispatch e-mail from the Seller.
7.5 The duration of our contract with you will start from the day you receive the order dispatch email and last until the last day of your right to return the Products. If we cannot supply you with the Product you ordered, we will not process your order, inform you of this in writing (including email) and, if you have already paid for the Product or service, refund you in full within a period of fifteen (15) business days. If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, the Seller has the right to stop or cease to fulfil the order at any time, including after dispatch of Products and/or notification to you that the order has been received and is being processed. You acknowledge that the Seller shall incur no liability in such circumstances.
8. PRODUCT SELECTION
8.1 The Products presented on the Site may be purchased by selecting the Products of Consumer’s interest and placing them in the appropriate virtual shopping cart. Once the Products have been selected, in order to purchase the Products in the shopping cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered, or (iii) access the Site as a guest and provide his/her data in order to complete the order and allow the conclusion of the contract. If the data indicated in the order are different from those provided when registering on the Site, the Consumer will be asked to confirm his/her own data (by way of example, but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where he can be contacted for any communications relating to the made purchase. The Consumer will display an order summary to be executed, whose contents can be modified. Therefore, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate check-box on the Site and finally, through the “Insert Order” button, the Consumer will be asked to confirm his/her order, which will be sent to the Seller and will produce the effects described in Clause 7.2 hereinabove.
8.2 The Consumer will also be asked to choose the shipping and payment method, among those available. In case, the Consumer decides to proceed with immediate payment (at the time of purchase) by credit card or debit card, you will be required to communicate the relevant data via secure connection. For accounting and administrative requirements, the Seller reserves the right to verify the details indicated by the Consumer. If payment is made by credit card or debit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Seller to the Consumer. Further, the Consumer may also avail the payment method of Cash on Delivery (“COD”) on the payment page which allows you to pay order value at the time of delivery for all orders between INR 1 and INR 2500.
8.4 All Products ordered will remain the property of the Seller until we have delivered the Products to the address specified by you. If your payment is not received and you have already received the Products you ordered from us, you must pay for it (in full) or return those Products to us in accordance with our return instructions and in the same condition that you received them at your own expense. If you do not do this within thirty (30) days of the date on which we cancel your order, we may collect or arrange for collection of the Products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any Product(s) that are the subject of an unpaid order.
8.5 In case the Consumer finds, during the Product selection procedure on the Site referred to in Clause 8.1 above, that the price of one or more Products s/he intends to select for the next purchase is clearly lower than the price normally applied, net of any discounts and/or promotions in force at that time, due to a clear technical problem that occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller's Customer Service by sending an e-mail to email@example.com
9. DELIVERY OF GOODS AND ACCEPTANCE
9.1 The Site indicates the availability of the Products and their delivery time, however, this information is to be considered purely indicative and not binding for the Seller. The Seller endeavours but does not guarantee delivery of Products in the stipulated time period as mentioned on the purchase of the Product. In no manner can the contract be repudiated if the Seller fails to deliver any one or more Products in the stipulated time frame. However, if you fail to take the delivery of the goods, the Seller may at its discretion charge you for additional shipping cost.
9.2 The Seller undertakes to do his best in order to comply with the delivery time indicated on the Site and, in any case, to deliver within a maximum of thirty (30) days from the day after the one on which the Consumer has submitted the order. In case of non-performance of the order by the Seller, due to the unavailability (even if temporary) of the Product, the Seller will provide written notice to the Consumer and will refund any amounts already paid by the Consumer for the payment of the Product.
9.3 Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. Seller reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the Product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your account/ as the case may be to the source of the payment within a period of fifteen (15) business days. Any type of voucher used in these orders shall be returned and made available to the user in case of cancellation by the Seller.
9.4 The Products ordered by the Consumer will be shipped in accordance with the Shipping Policy indicated on the Site at the time the order is submitted.
9.5 Products displayed on the Site attempts to be as accurate as possible. However, the Seller does not warrant that Product descriptions or other content is accurate, complete, reliable, current, or error-free. If a Product offered by the Seller is not as described, your sole remedy is to contact the Seller within 15 business days of receiving your order in accordance with the Returns and Refunds Policy and the Seller reserves the right to provide a solution as per its discretion. The Seller is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.
10.1 We support the following payment options:
a) Cash On Delivery (available at selected pin codes)
b) Credit Card
c) Debit Card
d) Net banking
e) Other third party payment facilities
10.2 Payment can be made by credit card or debit card, under the conditions described below. The Seller may allow further payment methods by indicating them in the payment section of the Site. The Seller may employ other third party facilities, for payments on the Site. Such payments can be made through the electronic transactions, as may be permitted by the Seller at its sole discretion. Use of such third party services will be governed by their user agreement, terms and conditions and other rules and policies as may be required.
10.3 If the payment is made via credit card or debit card, the Consumer will be transferred to a protected site and the card details will be communicated directly to PayU operator that handles payments on behalf of the Seller. The transmitted data will be sent in secure mode, by the encrypted data transfer. Such data are not accessible even to the Seller.
10.4 While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the preset limit mutually agreed by you and between your bank/s; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.
10.5 All payments made against the purchases/services on the Site by you shall be as against the maximum retail price (MRP) displayed on the Site and shall be in terms and conditions of the third party online payment gateway services as adopted and applicable to your transaction as approved by the Seller.
10.6 Further, the Consumer may also avail the payment method of COD on the payment page which allows you to pay order value at the time of delivery for all orders between INR 1 and INR 2500. Your existing limits will be revised once, there is a delivery or order rejected against your account, if required. COD is available only at selected zip/pin codes. However, the COD limit may differ from consumer to consumer depending upon the order rejection percentage from a particular Consumer’s registered e-mail ID. For avoidance of doubt, the order rejection percentage shall mean any undelivered orders which are returned from the address provided by the Consumer even, after two successful delivery attempts. In the event of COD limit breach, your order will be cancelled and you will have to place a new order using pre-payment options.
10.7 Before shipping your order to you, we may request you to provide supporting documents (including but not limited to government issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe online shopping environment to our users.
10.8 Goods and Services Tax (“GST”) is a single tax on the supply of goods and services that is levied on every value addition (through production and services) and is added to a product's sale price. GST has to borne/paid by the ultimate Consumer of the Product or service. GST will be applicable on your orders and it subsumes all other taxes like Excise duty, VAT, Entry tax etc.
11. SHIPPING AND PROCESSING FEE
Our shipping and processing charges are intended to compensate the Seller for the cost of processing your order, handling and packing the Products you purchase and delivering them to you. For further information please refer to our Shipping Policy.
12. RETURNS AND REFUNDS
12.1 The Seller shall make all endeavours to deliver defect free Products to the Consumers. The Seller does not take title to any returned Products purchased by the Consumer unless the Product is received by the Seller. Any Product purchased on our Site does not qualify for any return unless the Product delivered is damaged or has manufacturing defects. The defective and/or damaged Products so received shall be communicated to the Seller within fifteen (15) business days of receiving your order. Any communication received after 15 days of receiving your order shall not qualify for return.
12.2 Seller holds the sole discretion to determine whether a refund can be issued. For further information please read our Returns & Refunds Policy.
12.3 No exchange or return is applicable on the discounted Products unless the Product delivered is damaged or has manufacturing defects.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 You acknowledge and agree that the Site may contain content or features that are protected by copyright, patent, trademark, service marks, trade secret or other proprietary rights and laws. The Consumer declares to be informed that all trademarks, names, as well as any distinctive mark, denomination, image, photograph, written or graphic text used on the Site or related to the Products are and remain the exclusive property of the Company with its legal office in Pesaro (PU), in Via Fratelli Rosselli No. 46, VAT No 02495180412 and/or of its assignees, without any rights to the Seller and/or Consumer on them deriving from the access to the Site and/or the purchase of the Products.
13.2 The contents of the Site cannot be reproduced, either wholly or partially, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Company.
13.3 The Seller respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any intellectual property right infringement, please address a complaint to the Customer Care by way of an email to firstname.lastname@example.org.
14. THIRD PARTY WEBSITES
14.1 The Site may provide, or third parties may provide, links or other access to other websites and resources on the internet, that may or may not be owned or controlled by the Seller. Seller has no control over such websites and resources. Seller assumes no responsibility for the content, privacy policies or practices of any third party websites and does not endorse such websites and resources. Additionally, Seller cannot and will not censor or edit the content of any third party website.
14.2 You further acknowledge and agree that Seller will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such website or resource. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that the Seller is not liable for any loss or claim that you may have against any such third party.
15. SOCIAL NETWORKING SERVICES
15.2 However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and the Seller shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Site. In addition, Seller is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Seller is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Seller enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
To the fullest extent permitted by applicable law, you agree to defend, release, indemnify and hold harmless the Seller and its affiliates, successors and permitted assigns and their officers, employees, directors and agents harmless from any from any and all losses, damages, obligations, costs or debt, expenses, including but not limited to reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to (i) your access and use of the service and the Site, (ii) any claim that your User Content caused damage to a third party, (iii) your connection to the service, (iv) your violation of the Governing Documents or (v) your violation of any third party rights, inter-alia, industrial or intellectual property right, property or privacy right; or (vi) violation of any applicable laws. This defence and indemnification obligation will survive the Conditions and your use of the Site.
17. DISCLAIMER OF WARRANTIES
17.1 All the materials and products (including but not limited to software) and services, included on or otherwise made available to you through the Site are provided on “AS IS” and “AS AVAILABLE” basis without any representation and warranties, express or implied except otherwise specified in writing. You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, the Seller, its officers, directors, employees and agents exclude all warranties, express or implied, conditions, terms or representations in connection with the Site and your use thereof. To the fullest extent permitted by law, the Seller excludes all warranties, conditions, terms or representations about the accuracy or completeness of the information regarding the Products, content, User Content, Submissions or the content of any sites so linked and assumes no liability or responsibility for (i) errors, mistakes, omissions or inaccuracies in the Product description, User Content or any content on the Site; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (iv) any bugs, viruses, trojan horses, worms, spyware, time bombs, cancelbots or the like which may be transmitted to or through the Site by any third party; and/or (v) any loss or damage of any kind incurred as a result of the use of any User Content or any other content that is posted, emailed, transmitted, or otherwise made available via the Site.
17.2 The Seller does not warrant that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; and/or (iv) the quality of any Products, services, information, or other material accessed, obtained or purchased by you through the service will meet your expectations. Except as otherwise expressly provided herein, the Seller expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
18. LIMITATION OF LIABILITY
18.1 To the fullest extent permitted by law, in no event shall the Seller, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, losses or expenses including but not limited to, damages for loss of goodwill, use, data or other intangible losses whatsoever resulting from any (i) errors, mistakes, or inaccuracies in the Product description, User Content or any other content available on the Site, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Site by any third party, and/or (v) any errors or omissions in the Product description, User Content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, and whether or not the Seller has been advised of the possibility of such damages.
18.2 You specifically acknowledge that Seller shall not be liable for User Content and/or Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
18.3 The Site is controlled and offered by the Seller and we make no representations that the Site is appropriate or available for use in locations other than India. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with the respective local laws.
18.4 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with the Conditions, your sole and exclusive remedy is to discontinue use of the services offered on the Site.
19. GOVERNING LAW AND JURISDICTION
The Conditions, regardless of where executed, shall be subject to, governed by and construed in accordance with the laws of India, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the application of Indian law. Subject to Clause 20, the competent courts located in Rajasthan shall have exclusive jurisdiction with respect to matters arising out of the Governing Documents and you hereby accede to and accept the jurisdiction of such courts.
20. DISPUTE RESOLUTION
20.1 The Parties hereto irrevocably agree that any dispute, controversy or claim arising out of, relating to or in connection with the Governing Documents made available or updated from time to time on the Site or the existence, breach or misrepresentation or inaccuracy, termination or validity hereof shall be amicably and jointly discussed and settled inter se between the Parties.
20.2 In the event the dispute is not resolved within thirty (30) days of any party having notified the other regarding the existence of such dispute, the Parties shall refer the matter to final and binding arbitration. The venue and seat of arbitration shall be Ajmer, Rajasthan, India. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 or any statutory amendments or modifications thereof in accordance with the laws and rules then in force. The tribunal shall consist of three (3) arbitrators, where both the Seller and the Consumer shall be entitled to appoint one (1) arbitrator each and the two (2) arbitrators so appointed will jointly appoint the third arbitrator.
20.3 The arbitration shall be conducted in English language and the award of the arbitrator shall be final and binding on the Parties.
21. FORCE MAJEURE
Seller shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, pandemic, lockdown, civil unrest or riots, power outage, and/or unusually severe weather.
22.1 The Seller shall terminate a Consumer’s access to the Site in the following situations:
i. if the Consumer breaches any terms of the Conditions;
ii. violation of any applicable laws;
iii. your use of the Site disrupts our business operations or affects any other user and/or Consumer; or
iv. you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against the Seller.
22.2 The Seller reserves the right to decide whether User Content and/or Submissions violates the terms of the Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or any other parameter that Seller deems fit from time to time. Seller may at any time, without prior notice and in its sole discretion, remove such User Content and/or Submissions and/or terminate a Consumer’s account for submitting such material in violation of the Conditions.
22.3 We may suspend access to the Site or require you to change your password if we reasonably believe that the Site has been or is likely to be misused, and we will notify you accordingly. Any termination of your registration and/or account on the Site will not affect liability previously incurred by you. You agree that the Seller, in its sole discretion, may suspend, discontinue or terminate your account (or any part thereof) or use of the Site, with or without notice, and remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if the Seller believes that you have violated or acted inconsistently with the letter or spirit of the Conditions.
22.4 You agree that any termination of your access to the Site under any provision of the Condition may be effected without prior notice, and you acknowledge and agree that the Seller may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that the Seller will not be liable to you or any third party for any termination of your access to the service.
23. EFFECT OF TERMINATION
In case any of the above-mentioned cases occur, the Seller reserves the right, in its sole discretion, to terminate or suspend the Consumer’s account with immediate effect. Upon suspension or termination of the Consumer’s account, Consumer access shall be terminated immediately, and the Consumer shall not be able to access the said terminated account.
Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the submissions for any purpose. We also have the right to disclose your identity to any third-party who is claiming that any material posted or uploaded by you to our Site or any Seller related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the User Content or accuracy of any materials posted by you or any other user of our Site.
25.1 Notice: Notices, demands or other communication required or permitted to be given or made under the Conditions shall be in writing and delivered personally or sent by prepaid post with recorded delivery or email addressed to the Seller at its address set forth below, or to such other address as Seller may from time to time duly notify:
If to the Seller:
Address: 499, Haribhau Upadhyay Nagar ext. Pushkar Road, Ajmer Rajasthan
Any such notice, demand or communication shall, unless the contrary is proved, be deemed to have been duly served at the time of delivery in the case of service by delivery in person or by post, and at the time of dispatch in the case of service by email.
25.2 Severability: If any provision of the Conditions is invalid, unenforceable or prohibited by applicable law, the Condition shall be considered divisible as to such provision and such provision shall be inoperative and the remainder of the Condition shall be valid, binding and of like effect as though such provision was not included herein. If any provision of the Condition needs to be replaced, interpreted or supplemented, this shall be done in a manner that as far as possible preserves the spirit, content and purpose of the Conditions.
25.3 Headings and Fonts: Headings and bold typeface are only for convenience and shall have no legal or contractual effect and shall be ignored for the purposes of interpretation.
25.4 Entire Agreement: The Conditions constitute the entire binding agreement between you and the Seller with respect to the subject matter therein and govern your use of the service, superseding any prior agreements, understanding or arrangement between you and the Seller with respect to the service.
25.5 Additional Terms and Conditions: You may also be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
25.6 Waiver: The failure of Seller to exercise or enforce any right or provision of the Conditions or failure to act with respect to any breach by you or others, will not constitute a waiver of such right or provision and it shall not waive our right to act with respect to subsequent or similar breaches.
25.7 Assignment: You shall not assign any part of the Conditions or any benefit or interest in or under the Conditions, without the prior written consent of the Seller. However, the Seller may assign or transfer the Condition, in whole or in part, without restriction.
25.8 Grievance Officer: In accordance with the Information Technology Act, 2000 and the rules made thereunder and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Name: Naman Bansal
Designation: Customer Support Manager
Email Address: email@example.com