OVERVIEW:

These terms and conditions are between www.crackermart.com and between the buyers or users of this website. We recommend all users to read the terms and conditions carefully before using or registering on the website or accessing any material, information or services through the website. Your use of this website or the services provided by the website shall signify your acceptance of the terms and conditions and your agreement to be legally bound by the same.


Any document produced through this website www.crackermart.com will be electronic system generated. It means that any document generated as an electronic record as per the information technology ACT of 2000, does not require an electronic or physical signature.


This document is published in compliance with law as the rules and regulations, privacy policy and user agreement that are mandated to be published per Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 ("Intermediary Rules").


B.GENERAL

B.1 The Website is owned and operated by Factory Praice, Srivilliputhur, a company incorporated under the laws of India, with its registered office at 16A/ T.S . NO.165, PERUMALPATTI KOTTAI THALI VASAL , SRIVILLIPUTHUR- 626125, TAMILNADU, INDIA.


B.2 The following terms and conditions shall apply to your use of the Website ("Terms of Use"). These Terms of Use may be updated from time to time subject to our own policies or change in applicable law. Crackermart.com shall not be obliged to notify you of such changes and your continued use of the Website shall signify that you have understood and accepted such new or updated Terms of Use.


B.3 By using the Website you will be contracting with Crackermart.com, unless specified otherwise, and these Terms of Use as well as the privacy policy of the Website will constitute the mutual - legally binding - obligations of both you and Crackermart.com


B.5 In exchange for your compliance with our Terms of Use, privacy policy and other terms and conditions, incorporated by reference, we grant you a non-exclusive, non-transferable privilege to enter and use the Website.


COMMUNICATION

B.1 You hereby expressly agree to receive communications by way of SMS, e-mails from www.crackermart.com relating to services provided through the website.


B.2 A User can unsubscribe from receiving communications from www.crackermart.com through SMS and e-mail anytime by unsubscribing from the website by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail


B.3 All notices of www.crackermart.com will be served by email or by general notification on the website only. Any notice provided to www.crckermart.com pursuant to the Terms & conditions should be sent to www.crackermart.com customer support sales@crackermart.com


B.4 You cannot assign or otherwise transfer the terms and conditions, or any rights granted here under to any third party. www.crackermart.com has rights under the Terms and conditions to freely transferable to any third parties without the requirement of seeking Your consent.


B.5 If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.


C.THE SERVICE

C.1The Website is a platform that facilitates the online sale and purchase of Multiple brands of crackers and services offered by www.crackermart.com various affiliate/ registered merchants/ vendors/service providers at a discounted price. The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the Terms of Offer For Sale ("Terms of Offer For Sale")


D. ELIGIBILITY MEMBERSHIP

D.1 Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 ("Contract Act"). Persons who do not qualify under the Contract Act are classified as incompetent to contract are a. Minors; and b. Persons of unsound mind. And such persons are ineligible to register and use the Website.


D.2 If You are a minor, under the age of 18 years, You are ineligible to register as a User of the Website and shall not transact on or use the Website to purchase the Goods. You may however, transact on the Website through your parents or legal guardians in accordance with law.


D.3 If it is discovered at any point of time by crackermart.com that You are younger than 18 years of age, crackermart.com reserves the right to terminate your membership immediately and to take appropriate legal action, where applicable, against You.


D.4 Even other than in circumstances where You are found to be incompetent to contract, crackermart.com reserves the right to unilaterally terminate your account and refuse access to any Service offered on the Website without providing You with any reasons or explanations.


D.5 You shall refrain from transferring, selling or trading your account to any third parties. Any such actions on your part that come to OC's notice shall result in the immediate termination of your account.


E. USER ACCOUNT, PASSWORD AND SECURITY

E.1 www.crackermart.com makes the Services available to you through the website only if you have provided anilshowroom.com certain required User information and created an account ("Account") through and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID(collectively, the "Account Information"). The Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer& notices, if any ("Additional Terms"). If there is any conflict between the Terms and conditions, the Additional Terms shall take precedence in relation to that service.


E.2The Website requires you to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to immediately notify anilshowroom.com of any unauthorized use of your Account information or any other breach of security, and ensure that you exit from your account at the end of each session. www.crackermart.com cannot and will not be liable for any loss or damage arising from your failure. You may be held liable for losses incurred by www.crackermart.com or any other user of or visitor to the website due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.


E.3The Website also allows restricted access to the services for unregistered Users.

E.4You shall ensure that the account information provided by you in the website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.


E.5If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or www.crackermart.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, www.crackermart.com has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).


G. PAYMENT

G.1 All payments are required to be made by You shall be against an invoice generated by the Seller, concurrent to the delivery of Goods to You at Your given address. It is possible to make payment upon delivery through cash or through debit or credit cards.


G.2 When using debit or credit cards, please note that you are obliged to use such cards that are issued in Your name or cards that you are legally authorised to use by a third-party. Any liability arising from Your having using third-party cards shall be solely to Your loss and peril.


G.3 The credit or debit card information collected by crackermart.com as a consequence of such transactions will not be utilised or shared with any third party unless required by law enforcement agencies under authority from an appropriate judicial or quasi-judicial authority.


H. EXPRESS DISCLAIMERS

H.1 Crackermart.com does not make any warranty regarding the quality, value and saleability of the Goods nor does it accept liability for any errors or omissions of description on the Website.


H.2 . Crackemart.com is not liable for any breach of contract or non-performance by the Seller for which You shall have legal recourse directly against the Seller. The contract for sale of Goods is a strictly bi-partite contract between You and the Seller and Crackermart.com is not a party to it. Further, Crackermart.com cannot guarantee the performance of any transaction concluded on the Website and neither will Crackermart.com act as a mediator or arbiter on any disputes between You and the Seller.


H.3 Crackermart.com at no point of time takes possession of or holds title or other rights to the Goods being transacted on the Website. Such rights pass directly from the Seller to You. Consequently, Crackermart.com is not liable for damaged Goods, delayed delivery and unsatisfactory performance.


H.4 Goods may be incorrectly priced on the Website in the case of oversight or technical difficulties. In all such cases You shall be notified of such errors and have the option to repurchase the Goods at their revised prices. The Seller shall, in all such cases, have the option to cancel Your order.

H.5 Pricing of any product(s) as is reflected on the Website may, owed to technical issues, typographical errors or product information errors published by Seller, be incorrectly reflected and in such an event Seller may cancel such of your order(s).


USER OBLIGATION:

G.1Subject to compliance with the Terms of Use, anilshowroom.com grants you a non-exclusive, limited privilege to access and use this Website and the services provided therein.


G.2 You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by the terms and conditions and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.


G.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials that you access on the website.


G.4 You agree not to access the website and the materials or services by any means other than through the interface that is provided by anilshowroom.com. You shall not use any program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website.


G.5You acknowledge and agree that by accessing or using the website or Services, You may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. Crackermart.com disclaims all liabilities arising in relation to such offensive content on the Website.


G.6If Website allows you to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to: Defame, abuse, harass, threaten or otherwise violate the legal rights of others, Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword. 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. Engage in any activity that interferes with or disrupts access to the Website or the Services. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.


Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of anilshowroom.com or other third parties.

H. USE OF WEBSITE

H.1 www.Crackermart.com hereby grants you a non-exclusive, freely revocable, non-transferable access to view, download and print product catalogs or any other materials available on the Website, subject to the following conditions:


H1a) You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use.


H1b) You may not modify or alter product catalogs or any other materials available on the Website.


H1c) You may not distribute or sell, rent, lease, license or otherwise make the product catalogs or any other materials available on the Website available to others.


H1d) You may not remove any text, copyright or other proprietary notices contained in the product catalogs or any other materials available on the Website.


I. INTELLECTUAL PROPERTY RIGHTS

I.1The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music, artwork and computer code on the website is owned and controlled by Crackermart.com and the design, structure, selection, coordination, expression, look and feel and arrangement of such content is protected by copyright, patent and trademark laws, and various other intellectual property rights.


I.2 The trademarks, logos and service marks displayed on the website are the property of Crackermart.com or their vendors or respective third parties. You are not permitted to use the marks without the prior consent, the vendor or the third party that may own the marks.


L. DISCLAIMER OF WARRANTIES AND LIABILITY

L.1 This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, OC does not warrant that:a. This Website will be constantly available, or available at all; orb. The information on this Website is complete, true, accurate or non-misleading.


L.2 Crackermart.com will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Crackermart.com does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.


L.3 Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.


K.PAYMENT

You shall be required to make all payments in respect of Purchases made on the Website in Indian Rupees on a cash-on-delivery basis. The payments will be collected on behalf of the Seller by the logistics service provider who will deliver the Goods to your address. To establish your identity as the person who ordered the Goods, the logistics service provider may require you to verify your identity with government issued photographic identity documents such as voters id card, aadhar card, driving licence, passport etc.


N. OTHER TERMS EXPRESSLY UNDERSTOOD BY YOU

N.1 All commercial terms such as delivery, dispatch of products, transaction price will be as per the principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render OC liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on OC's Website.


CONTRACTUAL OBLIGATIONS, RETURNS AND REFUNDS

O.1 You understand that planing an order on the Website constitutes a legally binding contract between You and the Seller. And that such a contract is enforceable in a court of law against either party.


O.2 You understand that once an order has been placed, no returns can be accepted nor refunds processed unless otherwise specified herein. You will thereafter, be legally obliged to remit payment against the Goods purchased and received.


O.3 Crackermart.com reserves the right to refuse to process orders in respect of Buyers with a history of breach of agreements, these terms of use, the privacy policy and such similar delinquent behaviour.


O.4 Returns shall accepted only in cases where it can be shown that the Goods received were received in a wholly unusable condition. You shall be obliged to notify Crackermart.com within 24 (twenty four) hours of receiving the Goods, whereby You must send photographs of the Goods along with a detailed description of the nature of the defect.


O.5 Where the Crackermart.com customer service team decides that the Goods in the photographs appear prima facie defective, they will arrange for the Goods to be collected from the address where they were delivered. The customer service and technical teams of Crackermart.com will upon receipt of the alleged defective Goods determine whether the Goods are actually defective. In cases where it is found that the Goods are not defective, the case shall be closed and no refund issued to You. However, in cases where it is found that the Goods are indeed defective, credit equivalent to the amount spent by You shall be issued and You shall be able to use such credit to make fresh purchases on the Website. No cash refunds will be issued against any orders. The decision of Crackermart.com customer service and technical teams in respect of this Article O shall be final and binding.


INDEMNITY

You shall indemnify and hold harmless Crackermart.com, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.


JURISDICTION

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. OC makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India


APPLICABLE LAW

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The courts at Srivilliputtur, Tamil Nadu shall exercise exclusive jurisdiction.


LIMITATION OF LIABILITY

IN NO EVENT SHALL OC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.


CONTACT US

Please send any questions or comments regarding this Website to sales@crackermart.com

Cart Updated