Terms & Conditions
TERMS & CONDITIONS
1.1 The domain name, www.sirtexeazy.com is owned by Indiana Textiles Mill , a private limited firm under the Companies Act 1956 having its office at 493B, G.T. Road, Bengal Jute Mill Compound, Shibpur, Howrah-711102, West Bengal, India.
- ELIGIBILITY CRITERIA
2.3 In accordance with the provisions of Section 13 of the IT Act, this contract shall be deemed to have been received, accepted and formed at Kolkata.
- DISPLAY AND SALE OF MERCHANDISE
3.2 Indiana Textiles Mill reserves the right to exercise discretion in regulating the display of Merchandise on the Website, the prices, available quantities and other specifications in relation to such Merchandise.
3.4 It is further clarified that Indiana Textiles Mill shall execute Orders for sale and purchase of Merchandise through the Website only for delivery of such Merchandise within the territorial limits of India and Orders requiring delivery of Merchandise outside the territorial limits of India shall not be executed by Indiana Textiles Mill. For all sale and delivery outside the jurisdiction of India, Indiana Textiles Mill shall reserve the right to approve the same on a case by case basis.
3.5 In accordance with the provisions of Section 13 of the IT Act, this contract shall be deemed to have been received, accepted and formed at Kolkata.
3.8 Indiana Textiles Mill has made all possible efforts to ensure an accurate representation of the Merchandise on the Website through pictures and descriptions. However, Indiana Textiles Mill shall not held liable whatsoever for variations in the colour, size, shape and other physical attributes of the Merchandise that the User perceives upon delivery of the Merchandise.
3.9 If the User is not satisfied with the Merchandise delivered by Indiana Textiles Mill, the User may return the Merchandise to Indiana Textiles Mill in accordance with the provisions of Clause 6 of these Terms and Conditions within 48 hours from the date of receipt by the User of the Merchandise, subject to there not being any damage, wear and tear to the Merchandise in any manner whatsoever. Upon receipt of the returned Merchandise by Indiana Textiles Mill, shall refund the Price of the Merchandise to the User within 15 business days of such return.
- PRICING AND PAYMENT
4.1 The price of Merchandise (the "Price") on the Website is as displayed therein and Users who are desirous of purchasing Merchandise shall be required to pay the Price as applicable to each piece of Merchandise.
4.2 Indiana Textiles Mill at its sole discretion reserves the right to decide the Price of Merchandise and revise and/or amend the Price from time to time.
4.3 The Price includes all applicable taxes such as service tax, VAT and other charges for processing the Order. Indiana Textiles Mill reserves the right to charge any additional amount for the purpose of shipping the Merchandise to the User over and above the Price of the Merchandise (“Shipping Charges”).
4.4 Users desirous of submitting an Order shall be required to make payment (the "Payment") of the Price of Merchandise and the Shipping Charges solely by the use of the payment gateway (the "Payment Gateway") managed by HDFC Bank, available on the Website for the purpose of facilitating the Users to issue payment instructions in consideration for the purchase of Merchandise. It is clarified that Indiana Textiles Mill has duly authorized the Payment Manager to facilitate and process payments made by Users for the purchase of Merchandise on the Website.
4.6 The settlement of Payment for the purchase of Merchandise shall be made in terms of the Payment Gateway Policy and other applicable laws.
- USER OBLIGATION
5.1 The User shall provide true, accurate, current and complete information while submitting the order offered by the Website.
5.2 The User shall update registration information on the Website from time to time. In the event Indiana Textiles Mill has information to believe that the personal information provided by a User is false or such personal information is being provided to conduct a fraudulent transaction, Indiana Textiles Mill reserves the right to cancel the Order placed by the User or terminate the Users’ membership without any notice.
5.3 The User shall provide authentic and true information in all instances where such information is requested of Indiana Textiles Mill. Indiana Textiles Mill reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation the User’s details are found not to be true (wholly or partly), Indiana Textiles Mill has the right in its sole discretion to reject the registration and prohibit the User from using the services offered by the Website.
5.4 Pursuant to an Order if there is a failure of delivery due to incorrect information supplied by the User, Indiana Textiles Mill shall be entitled to receive further payments for re-delivery of the Merchandise under such Order.
5.5 The User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Indiana Textiles Mill or the brand name or domain name used by Us including the terms or otherwise engage in any conduct or action that might tarnish the image or reputation, of Indiana Textiles Mill or sellers on platform or otherwise tarnish or dilute any Indiana Textiles Mill ’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. The User agree that the User will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Indiana Textiles Mill 's systems or networks, or any systems or networks connected to Indiana Textiles Mill .
5.7 The User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations including, but not limited to Sales GST, Income Tax, Local Levies or any other applicable taxes.
- TERMINATION/RESTRICTION OF ACCESS OR USAGE RIGHTS
6.5 The following actions shall be considered to be misuse of the website and the User shall be forthwith terminated form access or usage of the website:
- Transmission or distribution of technologically harmful data like virus, malicious software, trojan, etc.
- Posting or transmitting content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm to any kind against any group or individual
- Transmission of junk mails, spam or chain letters
- Promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Posting unsolicited promotional or advertising content
- Distributing or reproducing any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights in any way
- Promoting an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music file, providing or creating computer viruses
- Providing instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or posting video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian)
6.6 Indiana Textiles Mill hereby hold no liability to any sort of damage or harm caused to your software, data or computer device by downloading content from this website.
- LIMITATION OF LIABILITY AND DISCLAIMER
7.1 The User assumes full responsibility for the protection of their computer and the computer system including hardware and software, protection of databases in there system as well as the protection of hardware and software of third persons who have access to the user's system. The User also assumes responsibility for damages incurred because recorded or otherwise received documents from the Website which may contain viruses or other destructive programs.
7.2 Indiana Textiles Mill will take reasonable measures to prevent the possibility that the electronic messages that are received via the Website will be available to any unauthorized third party. The User accepts the risk that Indiana Textiles Mill sent messages, can be intercept prior to receipt by Indiana Textiles Mill and that his message was received from Indiana Textiles Mill may be used by unauthorized third persons. Indiana Textiles Mill does not assume responsibility for the provision of messages from the unauthorized actions of third persons.
7.3 The information contained on the Website may contain certain technical inaccuracies or typographical errors. Information may be changed or updated without prior notification. All information that is available on the Website is provided for the purpose of information and does not contain any guarantee for their accuracy.
7.4 This Website, all the materials and products and services, included on or otherwise made available to the User through this Website are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.
- INTELLECTUAL PROPERTY RIGHTS
This Website is controlled and operated by Indiana Textiles Mill and Merchandises/products are sold by respective Indiana Textiles Mill and/or respective third-party sellers. All materials/ products/ Merchandise on this Website are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for User’s personal, non-commercial use. User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and User must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which the User receives any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
- THIRD PARTY SITES, SERVICES AND PRODUCTS
The Website may contain links to other websites. It is clarified that these external websites are not under the control of Indiana Textiles Mill. Indiana Textiles Mill does not control any other website other than the Website. Indiana Textiles Mill cannot be held responsible for content on such websites and cannot be made liable in any manner whatsoever for content on such other websites. Indiana Textiles Mill provides these links to other websites as ease of reference to the Users and for a better online experience or in order to facilitate other business and traders to advertise their products on the Website. Users’ use of each of those sites is subject to the conditions, if any, posted by the respective sites.
Users’ correspondence or related activities with third parties, including payment gateway providers, are solely between the User and that third party. User agrees that Indiana Textiles Mill will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
The Website contains content that is created by Indiana Textiles Mill as well as content provided by third parties. Indiana Textiles Mill does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the services provided on the Website.
The protection of the User’s privacy is a very important principle for Indiana Textiles Mill. Indiana Textiles Mill understands clearly that the User’s Personal Information is one of Indiana Textiles Mill’s most important assets. Indiana Textiles Mill stores and processes User Information including any sensitive financial information collected (as defined under the IT Act), if any, on computers that are protected by physical as well as reasonable technological security measures and procedures in accordance with IT Act and Rules there under.
- GOVERNING LAWS
- GRIEVANCE OFFICER
In accordance with Information Technology (Intermediaries Guidelines) Rules, 2011, the name and contact details of the Grievance Officer are provided below:
Yogita Ahuja, Indiana Textiles Mill, 493B, G.T. Road, Bengal Jute Mill Compound, Shibpur, Howrah-711102, West Bengal, India, Email: firstname.lastname@example.org.