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END USER AND BUYER TERMS AND CONDITIONS
These terms and conditions herein and hereunder are necessary to be duly accepted and agreed to at time of accessing and entering this website and portal and abided by unconditionally by end user and buyer all through the access, entry, stay or use and even exit. If you do not agree to all the terms and conditions of this agreement, then you may not access this Website and Portal or use any its product and services on offer. If these terms of service as mentioned here below in Part A and/ or B are considered an offer, acceptance is expressly limited to these said Terms and Conditions of Service.
P A R T -- A
DEFINITIONS, NOTES and CLARIFICATIONS:
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Acceptance of These Terms and Conditions: There is a pop up when any one /visitor (individual or organization) visits our website and portal wherein it seeks either ‘accept’ or ‘reject’, any one / visitor can choose either. Once choice is made it is final. If anyone/ visitor ‘accept’ then visitor can access, enter, stay, use and exit from site as bonafide and permitted but otherwise if anyone/ visitor fail to make any choice or chose ‘reject’ then the website and portal allowed limited access and gives only frontline minimum view of select items and information and the visitor or person desirous of access, entry, stay, use or exit has to log in again.
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Authorized Access or Entry or Stay or Use and Exit: End User and Buyer who accepts and agrees to these terms and conditions of our website and portal unconditionally is authorized to of entering or accessing or stay for viewing or use for trading/ buying and exit this website and portal for only bonafide and permitted activities. Any photographing, copying or stealing of any content, design, pictures, photographs etc. on website and portal is illegal and may be avoided at all times by End User and Buyer or any other person while the End User and Buyer has accessed and entered and stays or uses and exit, failing which said authorization shall be deemed withdrawn immediate and the End User and Buyer and such other person shall be deemed unauthorized and legal consequences shall follow.
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End User and Buyer: End User is any individual person (above 18 years of age and who is not a fugitive, barred by any law, lunatic and not an indignant) or any organization etc.(who is existing , duly registered and established legally in India or Abroad) other than the owner of this website and portal who visits or accesses the website and portal via any means with bonafide intent of its tour, viewing contents and leaving message and / or buying or ordering any product or service available on the website and portal or does any advance booking of any future or upcoming product or service and does not mean any harm to the website and portal or any of its owners and stake holders and employees and other End User and Buyers and is law abiding and duly accepts and agrees to these terms and conditions of our website and portal unconditionally all through the of entering or accessing or stay for viewing or use for trading/ buying and even exit.
Note: Those below age of 18 years (minors) can access and visit website and portal via their parents or guardian who is above 18 years of age and who is law abiding and who duly accepts and agrees to these terms and conditions of our website and portal unconditionally all through the access, entry, stay or use and even exit and both shall be jointly/ severally responsible for any or all transaction in this case of any loss, damage to website and portal or any third party and the parent or guardian and such minor shall keep website and portal, any third party fully indemnified in case of any misuse or defacement by End User and Buyer and or such minor and it shall include meeting all legal consequences too.
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Grammatical Error or Omission: Anyone / Visitor shall never seek to wrongful gain or wrongful benefit from any grammatical error or omission or misprint in these terms and conditions and in the content of website and portal any time. Website and Portal is open to suggestion and information of need for correction of any Error or Omission which may invariably exist or occur by anyone/ visitor or User and the Website and Portal undertakes to make due corrections and amendment at its discretion and as law may permit it.
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Maintenance and Update: The Website and Portal is evolving and subject to regular or scheduled maintenance and updates. So the all Registered User(s) are called upon to read the changes carefully before placing any order or availing any service on the website and portal in any manner, so that they do not suffer any invariable difficulty or loss any time.
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Payment Gateway: Razorpay or any other such Payment Gateway which the website and portal acknowledge or associate and permit the End User to use as mode of payment for product and services available from or through this Website and Portal from time to time
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Personal Information and Privacy: Personal information our website and portal seeks and collects when you visit the Site, includes information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, our website and portal follows you and collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”. We use various modes to study our customer (i.e. ‘User’) so as to render guidance, aid and assistance for User to be able to benefit from our product and services on offer and thus also collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Additionally, when you Register as ‘User’ and/ or make a purchase or attempt to make a purchase through the Website and Portal, its supposed to collect certain information from you, including your Name, parentage, spouse detail, your age, billing address, shipping address, payment information, work profile, legal and health information, email address, and phone number etc. We refer to this information as “Registration and Order Information”. When at our Website and Portal we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Registration and Order Information.
We use the Registration and Order Information that we collect generally to full fill any Registration Record and For Orders placed through the Website and Portal (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Registration and Order Information to:
- KYC (Know your Customer) as per Indian Govt. Norms and/ or Keep Record of your Visits and Activity on our Website and Portal;
- Communicate with you including for knowing your preferences or verification of any information provided by you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising or promotions relating to our current or upcoming products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Website and Portal (for example, by generating analytics about how our customers browse and interact with the Website and Portal, and to assess the success of our marketing and advertising campaigns and promotions).
We share your Personal Information with third parties to help us use your Personal Information, as described above. If we use any such tool the information thereof shall be there on our website and portal and you can access the same and make your preferences.
We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here:
https://www.google.com/intl/en/policies/privacy/.
You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
We hereby declare that our website and portal does not sell or provide your information to any other sources, except as mentioned hereinabove.
Note: Please be informed that we do not alter our Website’s data collection and use practices when we see a “Do Not Track” signal from your browser. When any one register and becomes USER and then places any order through the Website and Portal, our Website and Portal endeavour and maintains your Registration and Order Information for our records unless and until any law or USER ask us to delete the information. We reserve our right to maintain information even after USER exit or cease to be USER or our Website under maintenance, in our servers subject to force majeure. USER can access to information provided by USER and amend the same as permitted from time to time and also sought to be update for KYC.
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Registration by End User and Buyer: Once any one /visitor accept to these terms and conditions and desirous of entering or accessing or stay for viewing or use for trading/ buying and exit from the website on that occasion or thereafter he/she or organization, they shall have to undergo the registration process and provide and upload information sought which may include photograph, personal details, bank details, identity proof issued by Government Authority -Indian or Abroad and the information provided shall be subject to verification via appropriate mode and any one / visitor shall be only registered once process is completed to our website and portal mandates and satisfaction. Once registered the visitor becomes “Register User” also referred to as ‘User’ in short ahead and such User (he/ she or organization through its representative) shall be given a ‘Unique ID and Password’ and such Registered User shall have to login with ID and Password. The said ID and Password are generally generated by our system / software and usually encrypted but still User is clearly called upon to keep them safe and secure and not share with any one in any manner and any of our executive or employees are not authorized and never seek same on phone call or by any message or in person and so User should never provide or share same with any one and not respond to any such phone call, message seeking to share them and if the User fail to adhere to this the Website and Portal shall not be responsible for any loss whatsoever.
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Return and Refund Policy: The User are hereby informed that they can avail Return and Refund Policy subject to the Product and Service is found defective on arrival / wrong delivered and right of assessment is reserved with Website and Portal and the User agreed to the assessment of the Website and Portal in respect of any return allowed and / or refund allowed. Return may be allowed subject to exchange with any other product or service of same price (except for any product or service availed in any promotion or sale) and Refund is allowed only in exceptional cases. Once your return parcel is received via reverse pick-up (on or before 7 days of initial delivery of product or service) and inspected by our quality control team for any tampering and discrepancy and found fit, per return policy description herein and eligible to return, an email will be sent to you to confirm the receipt of the returned item and the exchange product requested by Customer/ USER will be sent out and Website and Portal may give alternate mode to existing USER who can also opt for a “store credit” to utilize for future or any other purchase. We feel that Loyal Users may be rewarded ever and Website and Portal always deliver best so that USER enjoy and utilise their purchase. Sealed Packets Opened, used item and repacked may be disqualified for any refund. There is no warranty on colour, shrinkage. During any Sale ( Discounted Sale) period any purchase shall not be eligible for any return or refund.
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Restriction and Allergies: The User may check for restriction of customary use of products in their native place and also check for allergies to the product/ service or its part or component before placing order for any product/service. Failing which the refund policy shall not apply on any of such ground once the product is opened or used and/ or service performed and delivered to User. The Refund Policy and Warranty cease to apply except for their given condition herein.
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Terms and Conditions: These terms and conditions include these definitions, notes and explanations attached thereto and have to be read completely before they are accepted and agreed to and abided at all times by End User and Buyer, failing which the website and portal or its owners , creator, managers etc. shall not be liable in any manner whatsoever to the End User and Buyer or any third party.
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Unauthorized Access or Entry or Stay or Use and Exit: Any Access or Entry or Stay or Use and Exit with intent of photographing, copying or stealing of any content, design, pictures, photographs or causing damage, trespass, defacement etc. on website and portal is illegal and may be avoided at all times by End User and Buyer or any other person and such entry, access, stay, use for trading/ buying or exit shall be without authorization at all times and all such End User and Buyer and such other person shall be deemed unauthorized and have to face legal consequences and bear and pay damages and indemnify and website and portal and its owners and any third party of all loss and damages and legal charges as may ensue or accrue.
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User Levels: Once Registered the User become regular user and can avail all benefit available to regular user and after registration the user can add levels available by subscribing the terms and conditions and remain at said level above than regular level till qualifies and fulfill the terms and condition of said higher level. In case of any misuse of website and portal or any indiscipline the User can be debarred from Using the Website or downgraded to regular user level. Website and Portal is authorized to send promotions to the User on their Phone Number and Email shared from time to time and if the user desire they can chose ‘unsubscribe’ if they do not wish to have notification of such promotions. Several Rewards, however subject to force majeure, may be allowed provided to User who upgrade or stay in higher level. Any tax or statutory liability in case of such reward shall be borne by the User only and chargeable as may be actual due and reward shall accrue only if such tax and statutory liability is met and reward is allowed to be given to User by laws and reward otherwise shall be cancelled and withdrawn as the Website and Portal and also User agree that none is above law.
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User Promotions: User can upgrade or chose to remain normal user at given intervals per promotions available from time to time on the website and portal. The Website and Portal may bring or withdraw any promotion from time to time for various Register User based on level they reach and maintain. Product and Services on offer during such Promotion shall be governed by these terms and conditions and including such other additional terms and conditions and User shall have to agree to all such terms and conditions including those additional to avail and part take in such promotions and benefit. A Red Sale or Discounted Sale may not be covered by warranty under these terms.
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Warranty: The Website and Portal displays and sells various product and customization services from time to time and warranty for each displayed product and service varies so the User is advised to read Product and Service Information Pop Up or Detail carefully before placing order or confirming services on offer. The displayed item’s color, shade and description may vary when made and/ or delivered as all handmade items are subject to variance, so User once place any order does accepts such variance as many times the variance is exclusiveness too. All our sales are subject to solicitation and not otherwise. Warranty is mostly preferred to extent on offer by our vendors and supplier of parts and components which constitute and our product and customized and general services and we do not offer any additional warranty except as mentioned for any product or customized or general service in particular.
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Website and Portal: Includes this website and portal, by name www.thedradstore.com or such other changed name and owned by present owners or successors or administrators etc., which the end user has desire to enter, access, stay and do business and exit from it without harming it. Any one causing harm to website and portal shall be prosecuted under Indian Penal Code 1860 and Information Technology Act. 2000 and any amendment thereof or any corresponding law applicable at time of default or when default is known.
P A R T – B
TERMS OF SERVICE
OVERVIEW
This website is operated by ThedRADStore. Throughout the site, the terms “we”, “us” and “our” refer to ThedRADStore. ThedRADStore offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE TRADING - WEBSITE AND PORTAL USE - STORE TERMS
Online trading has its risk and restrictions, checks and all USER will follow the same and keep the Website and Portal secure.
Only a Registered USER has right to access and enter the website and portal. USER means those defined hereinabove in Part A and only those who have registered themselves on our website and portal and accepted these terms and conditions and other terms and conditions as further informed for any product, service or promotion all through.
Website and Portal always standby with the USER to enhance benefit and user experience and based on suggestions it endeavour to evolve better practises with time and USER shall never intent to cause any harm to any one by any access, entry, stay, use and exit.
By agreeing to these Terms of Service, you represent that you are at least the age of majority (18 Years and above) in your Country, State or province of residence, or that you are the age of majority in your Country, State or Province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
You will carefully study the contents of the product or service and consult with independent professionals for any guidance before ordering any product or service and not blame the website and portal or any of its vendor or third party for not being able to use the product or service owing to any difficulty at your end later on. Also this implies that you will not hold the website and portal, any of its vendor or third party for any loss of any manner whatsoever. You are expected to discard the product as per waste disposal laws of India or your country and ensure that name of website and portal is not spoiled and not bring any disrepute to it.
Many Dyes used to colour woollen or other embellishments and artefacts are chemicals so they may be made from or contain one or more local or imported contents (chemicals and natural products) which are unverified many times as they are locally acceptable or preferred or used per custom/ precedence in most cases. So please see your country laws before buying our products and services as they are made as it is and we do not wish any one to be harmed by Certain chemical component of dyes (example - Azo dyes, which banned in several places and are dyes with -N=N- azo structure as a chromophore ). So doing allergy test before using is advised.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Debit or Credit Card or Online Transaction ‘s information is always encrypted during transfer over networks as per declaration of the Mode of Online Payments, but our Website and Portal suggest that USER keep changing passwords and also follow other safety guidelines so that they are safe in all transactions.
USER agrees not to resize, alter, repack, reproduce, duplicate, copy, sell, resell, export or exploit any portion of the Product or Service, use of the Product or Service, or access to the Product or Service or any contact on the website and portal through which the product and service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and customised and general services are subject to change without notice and those applicable at time of payment or delivery ( which ever is higher) shall apply.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or customised services may be available exclusively online through our Website and Portal for certain period only. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION AND ORDER RESTRICTIONS
We reserve the right to defer delivery date and/ or refuse any order you place with us, as all deliveries are subject to force majeure. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return and Refund Policy as defined in Part A hereinabove.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site by any Third Party is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, component constituting the products and services available via our Website and Poral may include materials from third-parties. We do keep check on such third parties and keep tab on their activities so that they are fully responsible and liable for and upto the level of their role and participation in completion of Product and Services our Website and Portal offers and expect all third parties to also subscribe to these terms and conditions and adhere to them for and in the interest of USER ( Our Customers) and also for compliance with Indian and International laws applicable in all their transactions. Our Website and Portal presently acknowledges Razorpay as Payment Gateway and its one of such third party who associate with us in present.
Some Third-party links provided on website and portal may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. Any email or input or message which is received shall become property of our website and portal and we have right to use the content thereof in any manner and if any content thereof is false, wrong or erroneous or defamatory or otherwise unwarranted then we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion if the content(s) are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service and may seek appropriate redressal and indemnity from the USER or sender.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy you may go to Part -A above.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Product/ Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, territorial, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information for registration and while placing any order or cancelling any order or seeking return and refund; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape our website and portal or its server or links; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Product / Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall our owners/ directors, officers, employees, affiliates, agents, contractors, interns, suppliers, delivery operator, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states, territories or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless our Website and Portal and its owners and any of their subsidiaries, affiliates, partners, officers, directors, partners, agents, contractors, licensors, service providers, delivery operators, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Condition of Website and Portal ‘s Sale or Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Website and Portal Services, or when you cease using our site within intimation to us.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT AND INTENT
The failure of Website and Portal or its owners to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision suo-moto.
The Website and Portal has been launched and run with bonafide intent and to promote Sourcing from Best for Product and Services on Offer and Made in India and Made for World theme hence these terms and conditions are read as applicable to one and all and except where is it is otherwise subject to any limitation and other restrictions per Indian and International Laws.
Hence Website and Portal shall deem to operate force majeure and no USER shall ever lay any claim of whatsoever of any nature or amount in case the Website and Portal under maintenance or it is not accessible for any internet or other issue in any region or territory. So USER may use contact source provided in Section 20 hereunder in case website and portal not working for specific query.
The Area of Delivery may be restricted as well from time to time for safety and security reasons and the USER may have to arrange for pick up from our nearest local centres/ delivery agents offices. So USER should confirm the same from time to time on placing order till delivery.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Product and Services shall be governed by and construed in accordance with the laws of India.
By Accepting and Agreeing to these terms and conditions the USER does hereby irrevocably places his consent to Arbitration (Indian – Arbitration and Conciliation Act. 1996 or corresponding law as applicable and amended thereafter) for resolution of any all disputes primarily before approaching any Court of law. Either side ( USER or Website and Portal or any third party i.e. vendor of Website and Portal can request for Arbitration and matter may be referred to either of the above Panel Arbitrators who may on such reference commence arbitration proceedings and conclude preferably within 3 months of such reference and pass award as deemed appropriate after hearing all concerned. The proceedings and Award of the Arbitrator Tribunal shall be in English and place of Arbitration shall be place of sitting Arbitrator. The Cost and Fee of Arbitration shall be borne as per Award or as directed by Arbitrator Tribunal.
SECTION 19 - CHANGES TO DEFINITION AND/ OR TERMS OF SERVICE
You can review the most current version of these Terms and Conditions at any time at this pop up or link on our website and Portal opening page.
We reserve the right, at our sole discretion, to update, change, alter in part of full or replace any part of these Terms and Conditions by posting updates and changes to our website.
It is your clearly and absolutely USER responsibility to check our website and portal periodically for changes. We expect USER to also signify their consent when we send changed terms and conditions link via email to the USER to signify their acceptance failing which their access may be suspended till they give consent and acceptance called for.
Continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service, Return & Refund should be sent to us at hi@thedradstore.com
These terms and conditions are from Pages 1 to 14
Sealed, Subscribed and Delivered on the date and time of pressing ‘accept’ button / link on the Website and Portal entry gateway and also accepted and agreed to be adhered and be complied with on registration as USER and remaining as USER.
Updated on Date 22nd July 2022 & Time 12:00 P.M, INDIA.