1. Acceptance of Agreement
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the site. The posting of information or materials on the site does not constitute a waiver of any right in such information and materials. Some of the content on the site may be copyrighted work of third parties.
www.Getcrackers.com and other trademarks of specific products shown on the site are registered trademarks used with the permission of the owner. Other product and company names mentioned on the site may be trademarks of their respective owners. You are not granted any right to use any trademark shown on the site.
4. Limited License & Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license, subject to Section 5 below, (a) to access and use the site strictly in accordance with this Agreement; (b) to use the site solely in connection with the our products and services; and (c) to use the site only for lawful activities. No print out or electronic version of any part of the site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances to establish course of conduct, usage in the trade, or otherwise, and you shall indemnify us from all expenses incurred by us in the event we are required to appear in any matter involving you and any third party.
5. Restrictions and Prohibitions on Use
6. Purchases and Delivery of Products
We greatly value our customers convenience and hence the payment mode for purchases would be “Online Payment through Net Banking, Debit and Credit Cards only. Currently our shipping services are available only in Chennai. The minimum order requirement is Rs.3,000/- and all such orders are eligible for free shipping. The products will be delivered within maximum 2-4 working days after the payment confirmation.
7. Post Delivery Representations
Once the product gets delivered successfully, the customer would receive a notification about the same to make sure that the product was delivered to the right person.
8. Linking to the site
You may not provide links to the site without our prior written consent.
The site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Certain sections of, or offerings from, the site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
11. Errors, Corrections and Changes
We do not represent or warrant that the site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the site.
12. Third Party Content
Third party content may appear on the site or may be accessible via links from the site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
13. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the site.
Your right to use the site is not transferable or assignable. Any password or right given to you to obtain information or products is not transferable or assignable.
The information, content and documents from or through the site and any products purchased from us, are provided “As-Is,” “As Available,” with “All faults”, and all warranties, express or implied, are Disclaimed (Including But Not Limited To The Disclaimer Of Any Implied Warranties Of Merchantability And Fitness For A Particular Purpose). The Information And Content May Contain Bugs, Errors, Problems Or Other Limitations. We And Our Affiliated Parties Have No Liability Whatsoever For Your Use Of Any Information Or Content, Except As Provided In Section 17(B). In Particular, But Not As A Limitation Thereof, We And Our Affiliated Parties Are Not Liable For Any Indirect, Special, Incidental Or Consequential Damages (Including Damages For Loss Of Business, Loss Of Profits, Litigation, Or The Like), Whether Based On Breach Of Contract, Breach Of Warranty, Tort (Including Negligence), Product Liability Or Otherwise, Even If Advised Of The Possibility Of Such Damages. The Negation And Limitation Of Damages Set Forth Above Are Fundamental Elements Of The Basis Of The Bargain Between Us And You. This Site And The Products, any information Presented Would Not Be Provided Without Such Limitations. No Advice Or Information, Whether Oral Or Written, Obtained By You From Us Through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement all responsibility or liability for any damages caused by viruses contained within any electronic file is disclaimed.
17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the site or any products obtainable from us, (b) the unavailability or interruption of the site or any features thereof, (c) your use of the site, (d) the content contained on the site, or (e) any delay or failure in performance beyond the control of us or any affiliated party (b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTY IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO the site AND/OR THE PRODUCTS AND INFORMATION PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Use of Information
19. Third-Party Services
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
We greatly value the convenience of our customers and hence the payment mode for purchases would be Net Banking, Credit/Debit card banking, Cash on delivery. (On eligible orders). “Cash on Delivery” option enables you to get the product in your hands and then pay the money.
23. Links to other Web Sites
The site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
24. Information and Press Releases
The site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
25. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the site and the content and our products.
This Agreement shall be treated as though it were executed and performed in Chennai, Tamilnadu and shall be governed and construed in accordance with the internal laws of the State of Tamilnadu (without regard to conflict of law principles). The exclusive venue for any suit arising out of this Agreement shall be the state or federal courts located in Chennai, Tamilnadu. Any cause of action by you with respect to the site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this agreement. The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party. We may, automatically assign this agreement and all incorporated agreements, and your information, in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the site is in conflict or inconsistent with this agreement, this agreement shall take precedence. Our failure to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this agreement shall survive any termination of this agreement You agree that the locations where you will accept delivery may be owned and operated by separate business entities, and that you will look solely to the owner of the location where delivery is to be accepted by you in the event of any claim or dispute, whether arising out of contract, quasi-contract, warranty, tort, strict or products liability, or any other action arising at law or in equity.