Terms of use
When
you use the Site PratiyogitaKiran App or any partner site of PratiyogitaKiran
App, it is understood that the usage is subject to the notices, terms, and
conditions set forth in this agreement (the "Agreement"). In
addition, when you use any PratiyogitaKiran App service (e.g., Customer
Reviews), you will be subject to the rules, guidelines, policies, terms, and
conditions applicable to such service, and they are incorporated into this
Agreement by this reference. PratiyogitaKiran App reserves the right to change
these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE
USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS
AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE
You
represent and warrant that you are at least 18 years old or visiting the Site
under the supervision of a parent or guardian. Subject to the terms and
conditions of this Agreement, PratiyogitaKiran App hereby grants you a limited,
revocable, non-transferable and non-exclusive license to access and use the
Site by displaying it on your internet browser only for the purpose of shopping
for personal items sold on the Site and not for any commercial use or use on
behalf of any third party, except as explicitly permitted by PratiyogitaKiran
App in advance. Any breach of this Agreement shall result in the immediate
revocation of the license granted in this paragraph without notice to you.
Except
as permitted in the paragraph above, you may not reproduce, distribute,
display, sell, lease, transmit, create derivative works from, translate,
modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site
or any portion of it unless expressly permitted by PratiyogitaKiran App in
writing. You may not make any commercial use of any of the information provided
on the Site or make any use of the Site for the benefit of another business
unless explicitly permitted by PratiyogitaKiran App in advance. PratiyogitaKiran
App reserves the right to refuse service, terminate accounts, and/or cancel
orders in its discretion, including, without limitation, if PratiyogitaKiran
App believes that customer conduct violates applicable law or is harmful to PratiyogitaKiran
App's interests. You shall not upload to, distribute, or otherwise publish
through this Site any Content, information, or other material that (a) violates
or infringes the copyrights, patents, trademarks, service marks, trade secrets,
or other proprietary rights of any person or firm; (b) is libellous,
threatening, defamatory, obscene, indecent, pornographic, or could give rise to
any civil or criminal liability under Indian or international law; or (c)
includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful
code or properties.
PratiyogitaKiran
App may assign you a password and account identification to enable you to
access and use certain portions of this Site. Each time you use a password or
identification, you will be deemed to be authorized to access and use the Site
in a manner consistent and in agreement with the terms and conditions of this
Agreement, and PratiyogitaKiran App has no obligation to investigate the
authorization or source of any such access or use of the Site. YOU WILL BE
SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD
AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND
USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION,
ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT
LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You
are solely responsible for protecting the security and confidentiality of the
password and identification assigned to you. You shall immediately notify PratiyogitaKiran
App of any unauthorized use of your password or identification or any other
breach or threatened breach of this Site's security.
REVIEWS AND COMMENTS
Except
as otherwise provided elsewhere in this Agreement or on the Site, anything that
you submit or post to the Site and/or provide PratiyogitaKiran App, including
without limitation, ideas, know-how, techniques, questions, reviews, comments,
and suggestions (collectively, "Submissions") is and will be treated
as non-confidential and non-proprietary, and PratiyogitaKiran App shall have the
royalty-free, worldwide, perpetual, irrevocable and transferable right to use,
copy, distribute, display, publish, perform, sell, lease, transmit, adapt,
create derivative works from such Submissions by any means and in any form, and
to translate, modify, reverse-engineer, disassemble, or decompile such
Submissions. All Submissions shall automatically become the sole and exclusive
property of PratiyogitaKiran App and shall not be returned to you.
In
addition to the rights applicable to any Submission, when you post comments or
reviews to the Site, you also grant PratiyogitaKiran App the right to use the
name that you submit with any review, comment, or other Content, if any, in
connection with such review, comment, or other content. You represent and
warrant that you own or otherwise control all of the rights to the reviews,
comments and other Content that you post on this Site and that use of your
reviews, comments, or other Content by PratiyogitaKiran App will not infringe
upon or violate the rights of any third party. You shall not use a false e-mail
address, pretend to be someone other than you or otherwise mislead PratiyogitaKiran
App or third parties as to the origin of any Submissions or Content. PratiyogitaKiran
App may, but shall not be obligated to, remove or edit any Submissions
(including comments or reviews) for any reason.
RISK OF LOSS; OTHER TERMS OF SALE
You
agree, understand and acknowledge that PratiyogitaKiran App Site is an online
shopping platform, a venue enabling the users to buy any product listed on PratiyogitaKiran
App Site at the price indicated on the terms and conditions indicated therein
at any time from any place. You further agree and acknowledge that PratiyogitaKiran
App sometimes may not involved in sale and purchase of goods/products listed on
this Site. In those cases PratiyogitaKiran App is only a facilitator, an
intermediary and is not and cannot be a party to or control in any manner any
transactions between the Vendor/Seller and the Customer/Buyer. In those cases PratiyogitaKiran
App shall neither be responsible nor liable to mediate or resolve any disputes
or disagreements between the Users.
PratiyogitaKiran
App shall neither be liable nor responsible for any actions or inactions of
Vendors and/or Sellers or any breach of conditions, representations or
warranties by the Vendor or manufacturer of the products.
If PratiyogitaKiran
App is not selling a product then in that case it will not ensure that the
Users shall perform their obligations in respect of the transaction concluded
on this Site and further expressly disclaims any warranties or representations
express or implied in respect of quality, safety, merchantability, fitness for
a particular purpose, or legality of the products listed and transacted on PratiyogitaKiran
App.
You
further agree and undertake that you are accessing the services available on
this Site and transacting at your sole risk and are using your best and prudent
judgment before entering into any transaction through this Site.
The
Site is a channel of communication whereby the Users can reach a larger base to
buy and sell items or services. PratiyogitaKiran App is not responsible for
unsatisfactory or delayed performance of services or damages or delays as a
result of items, which are out of stock, back ordered, returned undelivered or
otherwise unavailable. All items are offered only for a restricted time and
only for the available supply/till stock lasts.
PratiyogitaKiran
App accepts no liability for any errors or omissions, whether on behalf of
itself or third parties.
PratiyogitaKiran
App is not responsible and shall not be responsible for any non-performance or
breach of any contract entered into between two Users. All orders shall be
pre-approved with an acceptable method of payment as established by PratiyogitaKiran
App which may call for and require additional verification or information.
The
address at which delivery of the product ordered by you are to be made should
be correct and proper in all respects.
After the receipt of payment from the Buyer, the PratiyogitaKiran App/Vendor shall arrange for
the invoicing and delivery of the product to the buyer at the shipping address
provided by the Buyer. Any and all orders placed by you on this Site are a firm
commitment to purchase and you are obligated to complete the transaction and
not contest it in anyway.
Before
placing an order you are advised to check the product description carefully. By
placing an order for a product you agree to be bound by the conditions of sale
included in the item's description.
CREDIT CARD DETAILS
You
agree, understand and confirm that the credit card details provided by you for
availing of services on PratiyogitaKiran App will be correct and accurate and
you shall not use the credit card which is not lawfully owned by you. You
further agree and undertake to provide the correct and valid credit card
details to PratiyogitaKiran App. Further the said information will be not be
utilized and shared by PratiyogitaKiran App with any of the third parties
unless required by law, regulation or court order.
Confirmation:
You understand, declare and agree that:
· PratiyogitaKiran App shall not and is not
required to mediate or resolve any dispute or disagreement between you and the
Seller if PratiyogitaKiran App
is not a direct seller.
· You release and indemnify PratiyogitaKiran App
and/or any of its officers and representatives from any cost, damage, liability
or other consequence of any of the actions of the Users of the Site and
specifically waive any claims that you may have in this behalf under any applicable
law. Notwithstanding its reasonable efforts in that behalf, PratiyogitaKiran
App cannot control the information provided by other Users which is made
available on the Site
· If PratiyogitaKiran
App is not a direct seller then seller shall be responsible to invoice and
deliver the items to the Buyer within the time period specified for delivery by
the Vendor.
· If PratiyogitaKiran
App is not a direct seller then seller shall be solely responsible for any
undelivered or damaged items.
· If PratiyogitaKiran
App is not a direct seller then seller shall be solely responsible to make
good the loss or damage or any claim raised by the Buyer in respect of damaged
or non-receipt of items.
· If PratiyogitaKiran
App is not a direct seller then seller shall be responsible to deliver the
products/items of the same quantity and same qualities as are listed on the PratiyogitaKiran
App Site and that such products shall correspond with the description of the
items listed on PratiyogitaKiran App. You further agree and acknowledge that PratiyogitaKiran
App shall not be liable if the description of goods supplied by the Seller do
not match/correspond with the description provided at the time of placing of
order by the Buyer.
· If PratiyogitaKiran
App is not a direct seller then Vendor / Seller shall invoice / bill
directly to the Buyer.
· If PratiyogitaKiran
App is not a direct seller then complete product responsibility and
liability solely vest with Seller and Seller is responsible to the Buyer for
the sale of the Product to Buyer including but not limited to the delivery of
the item/product to the Buyer. Neither Customer nor Seller shall raise any
claim on PratiyogitaKiran App in this regard.
· The risk of loss and title for items purchased
by you pass to you upon delivery of the items to the carrier pursuant to PratiyogitaKiran
App's standard terms of sale.
TERMINATION AND EFFECT OF TERMINATION
In
addition to any other legal or equitable remedies, PratiyogitaKiran App may,
without prior notice to you, immediately terminate the Agreement or revoke any
or all of your rights granted under this Agreement. Upon any termination of
this Agreement, you shall immediately cease all access to and use of the Site
and PratiyogitaKiran App shall, in addition to any other legal or equitable
remedies, immediately revoke all password(s) and account identification issued
to you and deny your access to and use of this Site in whole or in part. Any
termination of this Agreement shall not affect the respective rights and
obligations (including without limitation, payment obligations) of the parties
arising before the date of termination.
INTERNATIONAL ACCESSM
This
Site may be accessed from countries other than India. This Site may contain
products or references to products that are not available outside of India. Any
such references do not imply that such products will be made available outside
India. If you access and use this Site outside India you are responsible for
complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT
AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF
EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND
THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY PRATIYOGITAKIRAN APP ON
AN "AS IS" AND BEST EFFORT BASIS. PRATIYOGITAKIRAN APP MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRATIYOGITAKIRAN
APP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION.
THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. PRATIYOGITAKIRAN
APP DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE
MAXIMUM EXTENT PERMITTED BY LAW, PRATIYOGITAKIRAN APP WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT
LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRATIYOGITAKIRAN
APP'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR
THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID
BY YOU TO PRATIYOGITAKIRAN APP DURING THE MONTH IMMEDIATELY PRECEDING THE ACT
ALLEGEDLY GIVING RISE TO PRATIYOGITAKIRAN APP'S LIABILITY.
TYPOGRAPHICAL ERRORS
In the
event a product is listed at an incorrect price or with incorrect information
due to typographical error or error in pricing or product information received
from our vendors or suppliers, PratiyogitaKiran App shall have the right to
refuse or cancel any orders placed for product listed at the incorrect price. PratiyogitaKiran
App shall have the right to refuse or cancel any such orders whether or not the
order has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled, PratiyogitaKiran
App shall issue a credit to your credit card account in the amount of the
charge.
LINKS
This
site may contain links to other sites on the Internet that are owned and
operated by third parties. You acknowledge that PratiyogitaKiran App is not
responsible for the operation of or content located on or through any such site.
COPYRIGHT COMPLAINTS
PratiyogitaKiran
App respects the intellectual property of others. If you believe that your work
has been copied in a way that constitutes copyright infringement, please
contact us at Customer Support.
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