TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“Agreement”) CAREFULLY BEFORE ENTERING THIS WEBSITE.
This is an Agreement between you (“you” or “your” or “User”) and Trade Radius Online Retail, having its office at 24-B/5, IAL Colony, Kalina, Santacruz (East), Mumbai-400029 or “GeekCases” “we” or “our”) that governs the access and use of the www.geekcases.com website (“Website”). When you access and/ or use the Website, you agree to be bound by these terms and conditions as stated herein.
This Website has been hosted by and on behalf of Trade Radius Online Retail and you agree that you shall be allowed to access and use the Website only on acceptance of the terms and conditions as set out below.
- ACCEPTANCE OF THE TERMS AND CONDITIONS
By checking on the acceptance box on the registration page, which states ‘I agree to the Terms and Conditions of Use outlined herein’ you indicate acceptance of the terms and conditions of this Agreement and limitation of liability as set out herein.
By agreeing to become an User, you acknowledge that you have read and understood the terms and conditions outlined herein and agree to be bound by all of its provisions. Further, you shall receive regular updates from the Website from time to time on the email-id provided by you at the time of registration.
- CHANGES IN AGREEMENT
We reserve the right to periodically change the terms and conditions outlined herein with or without notice, as we may deem fit. You shall be responsible for periodically checking these terms and conditions for such changes thereto. The changed terms and conditions shall become effective immediately upon our displaying them onto the Website and any access and use of the Website after accepting the changed terms and conditions that have been published on the Website signifies your deemed consent to the changes.
- Trade Radius Online Retail shall provide access to the Website to the User for purchasing products on a fixed price format as more specifically outlined in the payment terms herein.
- An online order placed by you in respect of a product offered for sale on the Website shall be deemed to be complete on successful delivery of the product to you within the specified time period (“Transaction”).
- The Company and its duly appointed logistic partner shall endeavor to deliver the consignment within 7-10 working days of receipt the order or any other time period as may be reflected on the Website at the time of placing the order if the order is within the territory of India. In case of international orders, the Company shall endeavor to deliver the consignment within 15 -30 working days of the receipt of the order.
You represent that you are of legal age to enter into a valid and binding contract as per applicable laws and have full power and authority to execute this Agreement and by doing so, you will not violate any other agreement to which you are a party.
- REGISTRATION DATA AND ACCOUNT SECURITY
- In consideration of your use of the Website, you agree to (i) provide accurate, current and complete information about you as may be requested for by the Website for personal identification purposes ("Personal Data"); (ii) maintain and promptly update the Personal Data; and (iii) be fully responsible for all use of your account and for any actions that take place using your account.
- You have the right to decide how much information and details you wish to share about yourself in this Website, save and except the information marked as compulsory in the Website.
- By submitting any information to us, you represent and warrant that such submission is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. You further agree to inform us if any such information has changed since your registration with this Website and make such modifications yourself on the Website, as may be applicable.
- We have no obligation to verify the identity of any Users who are connected to the Website or to supervise the content as provided by other Users.
- You shall be responsible to keep your password and account confidential and not let other persons use/access your account. We shall not be responsible for anything arising out of your use of the Website; unless it is on account of a breach from our side and it is proven that your account security was compromised due to a fault of our server/network.
- Please inform us immediately if you have reason to believe that someone is misusing your account and functions therein.
OWNERSHIP OF MATERIALS AND COPIES
- You agree that the Website and its contents, including but not limited to the text, images, graphics, audio-visuals, videos, artworks, imaging, positioning, use or combination of colours, images, combination of fonts, together with all content, information and data posted herein are exclusive properties of Brands, unless specified to the contrary and Trade Radius Online Retail hereby asserts and retains its ownership of the Website. All documentation as appearing on this Website are copyrighted and protected under applicable intellectual property laws.
- We reserve the right to reproduce, improve, distribute, add, re-publish and use in any manner as we may deem fit, your feedback or comments posted by you, for promotional and presentation purposes of this Website.
- The Website may include various blogs, groups, discussion topics, comments, features and such other interactive features where Users shall be permitted to post their feedback, comments and the like. We do not take any responsibility whatsoever for other users using/misusing such information shared/posted by you on the Website and in any of the interactive features as may be present in the Website at any point in time.
- Trade Radius Online Retail, along with such other keywords, logos, taglines, service names, design marks, slogans, and all related trademarks and service marks, whether registered or unregistered or pending registration are owned by Website, its affiliates, sponsor/s, as may be applicable. You are not authorized to use any name, mark, logo or tagline as displayed in the Website in any advertisements, publicity matter or in any other commercial manner without the prior written consent.
Requests for authorization should be made to email@example.com
- The keywords, logos, taglines, service names, design marks, slogans, and all related trademarks and service marks, whether registered or unregistered or pending registration, of our business associates, partners or such other authorized third parties as posted on this Website shall be owned by them respectively. You are not authorized to use any name, mark, logo or tagline as displayed in the Website in any advertisement, publicity or any other commercial manner whatsoever.
DESCRIPTION OF WEBSITE
- The Website is an Internet based portal mainly dealing in mobile phone accessories. Laptop accessories, PC and IT accessories. This website is owned and operated by Trade Radius Online Retail.
- If you choose to visit and/ or access and use this Website, download and peruse the information and data herein, you understand and agree that this Agreement governs your use of the services provided herein. You understand and agree that the services are provided on an “as-is-basis”. We disclaim all responsibility and liability, in any manner whatsoever, for the availability, timelines, security or reliability of the services. Further, we reserve the right to modify, suspend, remove or discontinue the services with or without notice at any time and in any manner whatsoever.
- You will be responsible for maintaining the confidentiality of the password and the account, provided to you on registration with this Website and are fully responsible for all activities that occur under your password or account.
- You shall ensure that you exit from your account at the end of each session.
- You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to this Website.
- You agree not to use this Website or any information or data therein for any unsolicited commercial e-mail.
- You agree not to translate, modify, revise or create derivative works based on the information and data, except as expressly permitted under the terms herein.
- You shall not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded on this Website.
- You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
- You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
- You shall use this Website, and any products purchased through it, for personal and non-commercial use or for the purpose of gifting it to someone only. Subject to the foregoing, you shall not re-sell/transfer the products to any other person for any reason whatsoever.
- You agree that you will not post content and/or any information and/or initiate discussions that are pornographic in nature, invasive of privacy or publicity rights, unlawful, libelous, obscene, discriminatory, abusive, hateful- racially, ethnically or otherwise objectionable, inciting violence or communal tensions in other users/general public from any purported use of this Website.
- You shall not upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer.
- Please note third party service providers for different social networking profiles have their individual terms and conditions of use, and when you access/ use the services or products of such third party service providers, you shall be subject to the terms and conditions of such third party service providers. In case of any discrepancy between this Agreement and the terms and conditions specific to that third party service provider, the terms and conditions of the third party service provider shall prevail so long as the specific services and/ or products of these third party service providers are being used and/or accessed.
USER CONTENT POSTED ON THE WEBSITE
- You understand that you are solely responsible for all the content/ comment you upload, publish or display on the Website or transmit to or share with other users of the Website.
- You understand and agree that we may review the Website and may delete or remove (without notice) any User content/comment in our sole discretion.
- TERMS OF SALE
- Payment Term – Users can make payment for the products purchased through the Website by Credit Card, Debit Card, Net Banking or by depositing the cash, cheque or DD on the selected counters of the ICICI bank.
- You agree, understand and confirm that the credit card details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit card which does not lawfully belong to you i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to our payment gateway partners. Further the said information will not be utilized and shared with any third parties unless required by law, regulation or court order. Trade Radius Online Retail shall not be liable for any credit card fraud. The liability for use of credit card fraudulently will solely be incurred by you and the onus to 'prove otherwise' shall exclusively rest upon you.
- While the Website strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of submission of your shipping details, or cancel the order and notify you of such cancellation. All prices displayed on the website are subject to change without notice.
- Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
- Trade Radius Online Retail reserves the right to cancel/reject any order placed on its Shopping Cart without assigning any reason & will refund the amount to the same card account number that was used to place the order.
- Order once placed on the website cannot be cancelled by the Users at any point of time.
- Refunds in case of Credit cards will be normally processed by us within 14 working days and in case of Debit cards the same would be normally processed by us within 30 working days. The refunded amount would reflect in the respective Cardholder’s Account as per the Cardholder´s Card issuing Bank's policies.
- The information/ data, products, and services on this Website, including but not limited to text, images, graphics, audio-visuals, videos and links is provided “as-is” and without warranties of any kind, whether express or implied, including but not limited to an implied warranty of accuracy, completeness, reliability, merchantability or fitness for a particular purpose.
- We have endeavored to ensure that all the information on the Website is correct to the best of our knowledge. We neither warrant nor make any representations regarding the quality, accuracy or completeness of any data, information, product or service posted on this Website. In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages arising due to negligence of third parties.
- We shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise.
- We shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond our control.
- The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they shall be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
- This Website may include content inaccuracies or typographical errors, and we make no guarantees, nor shall we be held responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any resulting loss or damage therein.
- Unauthorized access, reproduction, redistribution, transmission and/or dealing with the content and/or any information contained in this Website in any other manner, either in whole or in part, is strictly prohibited, failing which strict legal action will be initiated against you.
- You may have arrived on this Website through a link provided by a third party, who may have no connection to this Website. We neither endorse the contents of such websites nor their creators or hosts unless expressly stated in writing otherwise.
- We may also provide certain links to other third party websites within this Website for reference purposes. We neither endorse the contents of such websites nor do we endorse the creators or the hosts of such website, unless expressly stated in writing otherwise.
- When you click on advertiser banners, sponsor links, or other external links from this Website, your browser automatically may direct you to a new browser window that is not hosted or controlled by us. We are not responsible for the content, functionality, authenticity or technological safety of these external websites. We reserve the right to disable links to or from third-party sites to our Website, as we may deem fit. This right to disable links includes links to or from advertisers and/or sponsors that may use our trademarks as part of a co-branding relationship.
- Some external links may produce information that you may find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites.
LIMITATION ON LIABILITY
- You agree to access and use this Website and such other external link/s provided herein and the content thereof at your own risk.
- Any content/information posted on any part of this Website, shall, at all times, adhere to the Terms and Conditions of Use of the Website. Trade Radius Online Retail, its affiliates or service providers, shall not be held responsible or liable, in any manner whatsoever for any direct, indirect, incidental, consequential or punitive damages arising out of any act/s, omission/s of the users, access, use or inability to use this Website or such other external link/s provided herein, including but not limited to any errors or omissions in the content thereof, loss of data, revenue, profits, property, attack by viruses, failure to provide Website services and the like.
- Neither Trade Radius Online Retail nor any party involved in creation, production or delivery of this Website or whose materials or information/data appear in this Website shall be liable for any damages, including without limitation to, any failure of performance, error, omission, interruption, defect thereof or any loss of data or information when the Website may be down/under maintenance.
- TRADE RADIUS ONLINE RETAIL DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY IN ANY MANNER WHATSOEVER FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, CONTENT OR PROCESS DISCLOSED ON THIS WEBSITE OR OTHER MATERIALS ACCESSIBLE FROM THIS WEBSITE.
- YOU, THE USER OF THIS WEBSITE ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
- THE TERMS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AT ANY TIME, AS WE MAY DEEM FIT, SO YOU SHOULD REVIEW THESE TERMS FROM TIME TO TIME.
You agree to indemnify, defend and hold harmless Trade Radius Online Retail from and against any and all loss, damages, claims, liabilities, expenses and costs, including, without limitation, regulatory penalties, attorneys’ fees and costs incurred by us in connection with any claim arising out of your use of the Website services or any other breach by you of the terms and conditions herein or due to infringement of the trademark, copyright or any other intellectual property rights of Trade Radius Online Retail or any other third party service provider and/or your violation of any other law related hereto.
- Any dispute or difference arising out of, or relating to this Agreement or the performance or invalidity thereof, shall be resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any modifications thereof by a mutually agreed sole arbitrator.
- The place of arbitration shall be Mumbai and the proceedings shall be conducted in the English language.
- The award of the arbitrator shall be final and conclusive and binding upon the parties.
- GOVERNING LAW AND JURISDICTION
Subject to the foregoing, the Agreement shall be governed by the laws of India and the courts in Mumbai, Maharashtra shall have sole and exclusive jurisdiction in respect of all matters arising herein.
- NO THIRD PARTY RIGHTS
Neither this Agreement nor any provision hereof is intended to confer upon any person or third party any rights or remedies hereunder, save and except the parties to this Agreement.
The invalidity or unenforceability of any provisions of this Agreement in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of this Agreement.
- NOTICES AND NOTIFICATIONS
Any notice or notification required to be given under the provisions of this Agreement must be in writing. Any notice required to be given is to be treated as properly given if the said notice is sent by electronic mail to us at the following address:
- FORCE MAJEURE
In no event shall Trade Radius Online Retail be considered in default in performance or its obligations under the terms of this Agreement, if such performance is prevented or delayed for any causes beyond its reasonable control including but not limited to power failure, network failure, war, act of terrorism, hostilities, revolution, riots, civil commotion, strikes, lockouts, epidemic, fire, explosion, flood, earthquake, act of hacking or cybercrime, act of God or any act of Government or any other cause which could not have been reasonably foreseen or avoided.
The waiver of any breach or default of the terms of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
- Trade Radius Online Retail reserves the right to investigate complaints or reported violations of these Terms and Conditions and to take any action it deems fit and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or such other third parties.