A.1 This document is an electronic record as defined in the Information Technology Act, 2000 ("Act") and rules framed thereunder. This electronic record is computer system generated and does not require a physical or electronic signature.
B.1 The Website is owned by M/s Sri Shivananda Stores – a partnership firm with the registered shop at No. 138, Mamulpet, Bangalore 560053. (hereinafter referred to as "OC").
B.4 The terms "You", "Your" or "User" is a reference to you the person using this website for any purpose whatsoever, whether you are a natural or legal person irrespective of whether or not you have registered on the Website.
B.6 Goods once sold cannot be returned or exchanged. Since this is a seasonal business, the OC cannot maintain the in stock items online. If some of the products are out of stock while packing, the OC may replace it either with a similar company equivalent product or equivalent company similar product or same company equivalent valued product based on the situation. By agreeing to the terms and condition, you are agreeing to this as well.
B.7 The OC cannot guarantee the availability of items and also the MRP of the items as it keeps changing with government regulations. The Base price mentioned in the site is not the MRP of the product.
C.1 This Website is a platform for the marketing and sale of fireworks ("Goods") ("Service").
C.2 You understand that OC is acting in the capacity of a marketing agent for its principal – K.C. SADASHIVAIAH & SONS which is a partnership firm and the Explosives Licensee and is not itself the seller of the Goods.
C.3 You understand that OC is not selling the Goods directly to you but is merely acting as a marketing agent for the Seller. The contract for sale of the Goods, should you chose to purchase any on the Website, shall be between You and the Seller alone and OC shall not be a party to such contract, except in the capacity of the Seller?s agent. All payments made by You shall be to the Sellers account alone. All invoices raised against any purchases made by You on the Website shall be raised by the Seller. All rights, obligations and liabilities arising under law relating to sale of goods shall be of You as buyer and the Seller as seller.
C.4 OC has an independent agreement with the Seller under which OC collects only a nominal sales commission on each sale made through the medium of the Website.
D. ELIGIBILITY MEMBERSHIP
D.1 Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 ("Contract Act"). Persons who do not qualify under the Contract Act are classified as incompetent to contract are a. Minors; and b. Persons of unsound mind. And such persons are ineligible to register and use the Website.
D.2 If You are a minor, under the age of 18 years, You are ineligible to register as a User of the Website and shall not transact on or use the Website to purchase the Goods. You may however, transact on the Website through your parents or legal guardians in accordance with law.
D.3 If it is discovered at any point of time by OC that You are younger than 18 years of age, OC reserves the right to terminate your membership immediately and to take appropriate legal action, where applicable, against You.
D.4 Even other than in circumstances where You are found to be incompetent to contract, OC reserves the right to unilaterally terminate your account and refuse access to any Service offered on the Website without providing You with any reasons or explanations.
D.5 You shall refrain from transferring, selling or trading your account to any third parties. Any such actions on your part that come to OC's notice shall result in the immediate termination of your account.
E. ACCOUNT AND SECURITY OBLIGATIONS
E.1 The full use of the Website is only available to You upon providing certain required information, which facilitates the creation of Your account ("Account"). To have access to your Account You will choose your own use name and password for access. You shall yourself be responsible for maintaining the confidentiality of your username and password and shall be responsible for all activities that occur under your username and password.
E.2 You also consent to the suspension and termination of Your Account and permanent refusal of access to the Website to You in case it comes to OC's notice at any point of time that the information you have provided is incorrect, incomplete, misleading or is provided in impersonation of another person.
E.3 You are obliged to immediately inform OC of any unauthorised use of Your Account or any other breach of security that comes to your notice.
E.4 You are also obliged to logout of your account at the end of each session. E.5 OC shall not be liable for any loss or damage occouring as a consequence of Your failure to comply with the aforementioned conditions. Further, You may be held liable for losses incurred by OC or the Seller as a consequence of Your failure to comply with the aforementioned conditions. E.6 Restricted access to the Website is also provided to unregistered Users. F. COMMUNICATIONS Your use of the Website or communications with OC are a form of electronic record. You understand and as a consequence consent to receiving electronic or other communication from OC as and when required.
G.1 All payments are required to be made by You shall be against an invoice generated by the Seller, concurrent to the delivery of Goods to You at Your given address. It is possible to make payment upon delivery through cash or through debit or credit cards.
G.2 When using debit or credit cards, please note that you are obliged to use such cards that are issued in Your name or cards that you are legally authorised to use by a third-party. Any liability arising from Your having using third-party cards shall be solely to Your loss and peril.
G.3 The credit or debit card information collected by OC as a consequence of such transactions will not be utilised or shared with any third party unless required by law enforcement agencies under authority from an appropriate judicial or quasi-judicial authority.
H. EXPRESS DISCLAIMERS
H.1 OC does not make any warranty regarding the quality, value and saleability of the Goods nor does it accept liability for any errors or omissions of description on the Website.
H.2 . OC is not liable for any breach of contract or non-performance by the Seller for which You shall have legal recourse directly against the Seller. The contract for sale of Goods is a strictly bi-partite contract between You and the Seller and OC is not a party to it. Further, OC cannot guarantee the performance of any transaction concluded on the Website and neither will OC act as a mediator or arbiter on any disputes between You and the Seller.
H.3 OC at no point of time takes possession of or holds title or other rights to the Goods being transacted on the Website. Such rights pass directly from the Seller to You. Consequently, OC is not liable for damaged Goods, delayed delivery and unsatisfactory performance.
H.4 Goods may be incorrectly priced on the Website in the case of oversight or technical difficulties. In all such cases You shall be notified of such errors and have the option to repurchase the Goods at their revised prices. The Seller shall, in all such cases, have the option to cancel Your order.
H.5 Pricing of any product(s) as is reflected on the Website may, owed to technical issues, typographical errors or product information errors published by Seller, be incorrectly reflected and in such an event Seller may cancel such of your order(s).
There are no fees applicable to Website Users and the service provided by OC remains free. However, the right to charge fees at any time is reserved by OC and may be introduced at OC's sole discretion at any time. OC may introduce fees for the existing services or for any new services it chooses o provide in the future.
J.1 You agree, undertake and confirm that Your use of Website shall be strictly governed by the following statutory and non-statutory principles:
J.1.1 You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c)is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) harasses or advocates harassment of another person;
(e) involves the transmission of "junk mail" or unsolicited mass mailing;
(f) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;(g) infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
(h)violates or promotes the violation of a third-persons intellectual property rights;
(i) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(k)contains video, photographs, or images of another person (with a minor or an adult);
(l) tries to gain unauthorized access or exceeds the scope of authorized access to the Website ;
(m) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(n) solicits gambling or engages in any gambling activity which OC in its sole discretion, believes is or could be construed as being illegal;
(o) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
(q) harm minors in any way;
(r) violates any law for the time being in force;
(s) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(t) impersonate another person;
(u) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(v) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
J.2 You shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. OC reserves the right to bar any such activity.
J.3 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
J.4 You shall 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 or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, 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.
J.5 You shall not misuse or otherwise violate the intellectual property rights of OC or the Seller. Further, you also agree not to take any action that has a negative impact on the infrastructure and operation of the Website.
J.7 You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations regarding Your use of the Service and Your purchase and sale of Goods. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law for the time being in force.
J.9 It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
K.2 You will be require to register a mobile number with us when placing an order. By providing us with this mobile number You consent to receive calls and text messages from us in relation to shipment and delivery updates and not in relation to any promotional material or updates. We will neither share your mobile number with third-parties for promotional purposes.
L. DISCLAIMER OF WARRANTIES AND LIABILITY
L.1 This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, OC does not warrant that:a. This Website will be constantly available, or available at all; orb. The information on this Website is complete, true, accurate or non-misleading.
L.2 OC will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. OC does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
L.3 Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You shall be required to make all payments in respect of Purchases made on the Website in Indian Rupees on a cash-on-delivery basis. The payments will be collected on behalf of the Seller by the logistics service provider who will deliver the Goods to your address. To establish your identity as the person who ordered the Goods, the logistics service provider may require you to verify your identity with government issued photographic identity documents such as voters id card, aadhar card, driving licence, passport etc.
N. OTHER TERMS EXPRESSLY UNDERSTOOD BY YOU
N.1 All commercial terms such as delivery, dispatch of products, transaction price will be as per the principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render OC liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on OC's Website.
O. CONTRACTUAL OBLIGATIONS, RETURNS AND REFUNDS
O.1 You understand that planing an order on the Website constitutes a legally binding contract between You and the Seller. And that such a contract is enforceable in a court of law against either party.
O.2 You understand that once an order has been placed, no returns can be accepted nor refunds processed unless otherwise specified herein. You will thereafter, be legally obliged to remit payment against the Goods purchased and received.
O.4 Returns shall accepted only in cases where it can be shown that the Goods received were received in a wholly unusable condition. You shall be obliged to notify OC within 24 (twenty four) hours of receiving the Goods, whereby You must send photographs of the Goods along with a detailed description of the nature of the defect.
O.5 Where the OC customer service team decides that the Goods in the photographs appear prima facie defective, they will arrange for the Goods to be collected from the address where they were delivered. The customer service and technical teams of OC will upon receipt of the alleged defective Goods determine whether the Goods are actually defective. In cases where it is found that the Goods are not defective, the case shall be closed and no refund issued to You. However, in cases where it is found that the Goods are indeed defective, credit equivalent to the amount spent by You shall be issued and You shall be able to use such credit to make fresh purchases on the Website. No cash refunds will be issued against any orders. The decision of OC's customer service and technical teams in respect of this Article O shall be final and binding.
Q. APPLICABLE LAW
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. OC makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India.
S. INTELLECTUAL PROPERTY
This site is controlled and operated by OC and products are sold by the Seller. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not directly or indirectly, or conspire with or enable a third party to - copy, reproduce, republish, upload, post, transmitor distribute such material in any way, including by email or other electronic means and whether directly or indirectly
T. LIMITATION OF LIABILITY
U. CONTACT US
Please send any questions or comments regarding this Website to admin@BookMyCrackers.com