Copyright and Trademarks | Usage Regulations | Liability
PLEASE READ THESE MTJCART.COM TERMS AND CONDITIONS CAREFULLY.
1. Mtjcart, Mtjcart.com, its vendors and its affiliates provide their services to you subject to the following notices, terms, and conditions. Please note that when you use the MTJcart.com Web site or any of its services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Mtjcart or its content suppliers and protected by India and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of MTJcart and protected by India and international copyright laws. All software used on this site is the property of MTJcart or its software suppliers and is protected by India and international copyright laws. The content and software on this site may be used as a shopping and selling resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site is strictly prohibited.
Mtjcart.com and MTJCART are registered trademarks of Mtjcart.com, in the India and other countries. MTJCART trademarks may not be used in connection with any product or service that is not MTJcart and Written permission is strictly needed on doing so, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MTJcart or its affiliates.
Neither this site nor any portion of it may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by MTJcart. We, and our affiliates, reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, without limitation, if we believe that customer conduct violates applicable law or is harmful to the interests of Mughal Thewa Jewels Network and its affiliates.
MTJCART and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Counsel with the following written information:
1.1 An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
1.2 A description of the copyrighted work that you claim has been infringed upon;
1.3 A description of where the offending material is located on the site; Your address, telephone number, and e-mail address;
1.4 A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
1.5 A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
MTJcart's Counsel for notice of claims of copyright infringement on its site, who can be reached as follows: Email to firstname.lastname@example.org or email@example.com Subject line
[Privecy Security Department] Your Query Subject or Whatsapp us to 090333-00553
2. This site is provided on an "as is" basis. MTJcart makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, MTJcart disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. MTJcart will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The MTJcart.com Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may be changed or updated without notice. MTJcart may also make improvements and/or changes in the products and/or programs described in this information at any time without notice.
MTJcart makes no representations whatsoever about any other Web site which you may access through this one. When you access a non-MTJcart Network Web site, please be aware that it is independent from MTJcart/ MTJcart.com; MTJcart has no control over the content on that Web site.
In no event will MTJcart or MTJcart.com be liable to any party for any direct, indirect, special or other consequential damages for any use of this Web site, or on any other hyper linked Web site, including, without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
This site is created and operationally controlled by MTJcart, in the Gujrat, India. As such, the laws of the Gujrat and India will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.
3. GENERAL PROVISIONS
Legal Notice | More about browsing | RULES ONLINE STORE
Regulations define the rules for the use by Buyers Shop maintained by the Seller.
Terms available is constantly on the Store website to allow buyers of its acquisition, restoration and preservation of its content.
The terms used in the Regulations means:
4.1 Shop - a collection of websites and tools (Web service) managed by the Seller and allow buyers to enter into Contracts or Agreements for the sale of services, available in the Internet domain: www.mtjcart.com or mtjcart.com.
4.2 User - Internet user, using the Shop, purchasing or intending to purchase goods or services presented by the Seller through the Store.
4.3 Buyer - registered user or user "guest", which in the Shop has signed an agreement for the sale or provision of services.
4.4 Guest - buyer purchasing without registration, each giving the full information required to make purchases in the store.
4.5 Agreement - Agreement includes sales and service agreement.
4.6 The sales contract - a contract concluded in the store on the principles arising from the Regulations between the Seller and the Purchaser, the subject of which is the sale to the Buyer things.
4.7 Services Agreement - an agreement concluded in the store on the principles arising from the Regulations between the Seller and the Purchaser, the subject of which is the provision by the Seller to the Buyer service or services.
4.8 Regulations - these Conditions of Use.
4.9 Materials - the information contained on the website Store, including names and descriptions and photographs and graphic illustrations of goods, marking goods manufacturers.
5. GENERAL TERMS AND CONDITIONS OF USE SHOP
5.1 The buyer is a natural person can use the Shop at the condition of having full legal capacity.
5.2 Buyer is not a natural person may use the Shop through persons authorized to act on his behalf, subject to the provisions contained in section REGISTRATION IN THE SHOP, in Section 4
5.3 The buyer can use the Shop through devices that communicate with the Internet (computer, phone) using a web browser.
5.4 Seller is not liable for any damage caused by the Purchaser stating incorrect, outdated or incomplete data in the forms referred to in section REGISTRATION IN THE SHOP, in section 2 and 3, and non-compliance by the Purchaser of the Terms. Data provided by the Purchaser does not violate the provisions of the current law and personal rights and rights of third parties.
5.5 Seller is not responsible for incorrect, including incompatible with the Regulations, the use of the Shop by the Purchaser and the resulting consequences.
5.6 Using the name of the Seller by the Buyer, logo Shop, Materials, and other than ingredients Materials Store (including graphics and layout Shop and composition Shop - the so-called. Layout) is prohibited except as expressly provided in the Rules or the use of specified items in this section copyright and industrial property objects is possible on the basis of the express written consent of the Seller. You may not take any action by the Purchaser aimed to recreate the Store, including, in particular, on websites and web domains associated with the Buyer.
5.7 User is obliged to disclose to third parties your username and password, which is used for logging in the store.
6. REGISTRATION IN SHOP
6.1 Agreement may contain the Purchaser or the Purchaser buyer registered as a "guest".
6.2 In the case of legal persons and organizational units without legal personality, registered in the store as well as all further activities of this entity in the store, you may make only a person who is empowered to make on behalf of the entity all activities related to registration and to exercise all rights and the obligations of that entity as the Purchaser.
6.3 Seller may require the Purchaser to authenticate the data, including in the case of updating the Purchaser to the Seller by sending the required documents.
6.4 In the event of any changes to the data provided during registration Purchaser Purchaser should update it before the next purchase, using the appropriate form available in the store.
6.5 Upon registration, the Online Buyer's account is created, representing a collection of resources, gathering information about the Purchaser and its activities in the Shop in connection with the Agreements concluded.As part of your account, inter alia, the Buyer has access to the history of their orders in the store.
7. ORDERING IN THE SHOP - CONCLUSION OF THE AGREEMENT
7.1 The purchaser has the ability to make purchases in the store on a 24 hour / 7 days a or all 365 days a year subject to the other provisions of the Regulations, in particular the provisions relating to technical interruptions.
7.2 Before placing an order, the Purchaser is placed in a virtual shopping cart elected by themselves the product or service you intend to purchase. Virtual shopping cart is a tool for buyers aggregation of selected goods / services before purchase, conversion value of the goods / services collected in a basket and conversion costs of delivery. When selecting a product / service buyer can freely manage the content basket by adding to cart moving goods / services or removing them from the basket.
7.3 After the final selection of goods / services for the purchase, the Purchaser shall be directed to a web form used to place orders in the store. Ordering form may be submitted with the forms component used to determine: Customer data / data to the invoice,, delivery address
method of delivery, the method of payment for goods / services.
7.4 The buyer determines the delivery address by filling in the form referred to in the same section, section 3, sub-paragraph b) of the Rules, when finalizing the purchase as a "guest" or selects an address provided during registration. Ordered goods / services will be delivered to the address indicated in accordance with the provisions of this paragraph.
7.5 The Purchaser purchasing in the store MTJCART, you agree to the processing of personal data by the shop owner for the sole purpose of sending him questions concerning the examination of the level of satisfaction with shopping in this store.
7.6 Placing an order constitutes an offer within the meaning of the Civil Code, made by Buyer Seller. After receiving the purchase order, Seller verifies whether the order is placed properly (in accordance with the provisions of the Regulations). In the event that the Seller that the order has been placed incorrectly, the Seller shall inform the Buyer.
7.7 Following the submission of a valid contract, the Seller shall send Buyer acknowledgment of the order by e-mail (e-mail) specified when ordering or when registering. The agreement is concluded with the message of the Purchaser by the Seller information on the adoption order.
7.8 In the case of service contracts, Seller shall notify Buyer a minimum period for which the contract is to be concluded if it is related to the provision of continuous or periodic.
8.1 Delivery is to the address indicated by the Purchaser.
8.2 If the seller can not satisfy the provision due to the fact that the goods or services are not available immediately, but no later than within thirty days of the conclusion of the Agreement, it shall notify the Purchaser and the return received from him the whole sum of money, if any sum has already been paid.
8.3 If the seller can not make provision about the properties individually ordered by the Purchaser due to its inability to meet the interim, the Seller may with the consent of the Purchaser to meet the replacement provision corresponding to the same quality and purpose, and for the same price or remuneration or otherwise agreed by the parties way.
8.4 Buyer should make to check the status of the goods after delivery of the consignment in the presence of a representative of the entity performing the delivery (courier, postal operator, etc..).
8.5 Seller is not liable for failure to deliver the goods for reasons attributable to the Purchaser - eg due to an incorrect indication of the delivery address. In this case, Seller will allow the Buyer to the extent possible removal of the goods from the specified location such as seat of the Seller, unless the parties agree otherwise transfer the Purchaser of the goods.
9. PAYMENT AND PRICES
9.1 Payments for purchased in the store by the Buyer the goods or services ordered (price and delivery costs) are made using payment instruments available in the store and on the terms specified by the Seller.
9.2 All prices in the shop are gross prices, containing added tax (VAT) in the amount specified in separate regulations. Cost of delivery of the goods / services are given to the user separately.
9.3 User makes a purchase of goods and services according to the contract price and the amount of delivery costs prevailing at the time of ordering. The costs of delivery depends on the shipping method selected by Buyer.
9.4 Seller reserves the right to change prices and the costs of delivery, in particular in the case of changes in pricing of services provided by entities performing delivery. This provision does not apply to orders already underway.
10.1 Personal data Buyers who are individuals will be processed by the Seller as an administrator of personal data in the provision of services by the Seller, as well as for marketing purposes related to the operation of the enterprise vendors, including the Shop, as well as related services and goods presented at the Shop. The processing of the collected data will be carried out in accordance with the provisions of the Act of 29 August 1997 on the protection of personal data and the Act of 18 July 2002. of electronic services. Passing by the Purchaser of your personal data is voluntary.
10.2 Buyers personal data may be made available to entities authorized to receive them under applicable law, including the relevant judicial authorities.
11. Application of and Acceptance of Terms and Conditions.
11.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with Mtjcart.com as a registered User or whether said User is a paying customer for a specific service provided by Mtjcart.com. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
11.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
11.3 This Agreement applies to each Premium Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Premium Service provided, however, that (a) in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Premium Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to Mtjcart.com and/or its affiliates; and (b) only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Premium Service shall prevail.
11.4 Mtjcart.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on October 9, 2013. Posting by Mtjcart of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Mtjcart.com.
12. Premium Services.
12.1 Access to the Site and certain of its features are provided to all Users free of charge. However, Mtjcart.com reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Premium Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.
12.2 Mtjcart reserves the right to deny Premium Services to any User for whatever reason in order to protect the interests of Mtjcart.com.
13. Users Generally.
13.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "Mtjcart Content") for the purpose of re-selling or re-distributing the Mtjcart.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Mtjcart.com, or otherwise commercially exploiting the Mtjcart.com Content. Systematic retrieval of Mtjcart.com Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Mtjcart.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
13.2 Some of the Mtjcart.com Content displayed on this Site is provided or posted by third parties ("Third Party Content"). Mtjcart.com is not the author of third-party content, whether contributed by anonymous users or paid content providers. Neither Mtjcart.com nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. Mtjcart.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Mtjcart is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
13.3 Mtjcart.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that Mtjcart.com has no control over such third party's web site, does not monitor such sites, and Mtjcart.com shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
13.4 Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.5 below.
13.5 Mtjcart.com reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Mtjcart.com be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
13.6 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Mtjcart.com and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
13.8 As a condition of your access to and use of Mtjcart.com, you agree that you will not use the Mtjcart.com service to infringe the intellectual property rights of others in any way. Mtjcart.com will in appropriate circumstances terminate the accounts of members or users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, Mtjcart.com reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the Mtjcart.com service, or if Mtjcart believes that user conduct is harmful to the interests of Mtjcart.com, its affiliates, or other users, or for any other reason in Mtjcart.com's sole discretion, with or without cause.
14. Registered Users
14.1 Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of Mtjcart.com (a "Registered User"). Mtjcart.com will establish an account ("Account") for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
14.2 Mtjcart.com may assign a web-based account with limited storage space for the User to send or receive email, message or to keep the records of accounts and transactions (the "Email Account"). The User shall be responsible for all users and the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
14.3 If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Mtjcart.com during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
14.4 By becoming a Registered User, you consent to the inclusion of your personal data in our database(s) and authorize Mtjcart.com to share such information with other Users.
14.5 Mtjcart.com may suspend or terminate a Registered User's Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in Mtjcart.com's determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) Mtjcart.com has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) Mtjcart believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, Mtjcart.com's other Users, or Mtjcart.com or its affiliates.
14.6 The Registered User shall not use the Account for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature. Further, the Registered User shall not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
14.7 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of Mtjcart.com. yourStore.com may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
14.8 Notwithstanding Section 4.1 above, Mtjcart.com may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason.
15. Users Who Post Information on Mtjcart.com
15.1 You must be a Registered User in order to post information on the Site using the self-help submit and edit tools provided through the Site. Your status as a Registered User is governed by the provisions of Section 4 above.
15.2 No sales agency relationship is created between any User and Mtjcart.com, our affiliates, directors, officers or employees by virtue of Mtjcart.com's display of any of the User's information on the Site.
15.3 Each User hereby represents, warrants and agrees to (a) provide Mtjcart.com with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to Mtjcart.com to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
15.4 Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to Mtjcart.com or authorizes Mtjcart.com to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights." Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Mtjcart.com or authorizes Mtjcart.com to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
15.5 Each User hereby represents, warrants and agrees that information submitted to Mtjcart.com for display on the Site shall not:
1. contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
2. be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
3. relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
4. violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
5. be defamatory, libelous, unlawfully threatening or unlawfully harassing;
6. be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
7. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
8. contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
9. solicit business from any Users in connection with a commercial activity that competes with Mtjcart;
10. contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
11. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or
12. otherwise create any liability for Mtjcart.com or its affiliates.
15.6 Mtjcart reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject Mtjcart.com to liability, violates this Agreement or is otherwise found inappropriate in Mtjcart.com's opinion. Mtjcart.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, Mtjcart.com may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Mtjcart.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Mtjcart.com for such disclosure. In connection with any of the foregoing, Mtjcart.com may suspend or terminate the Account of any User as Mtjcart.com deems appropriate in its sole discretion. User agrees that Mtjcart.com shall have no liability to User, including no liability for consequential or any other damages, in the event Mtjcart.com takes any of the actions mentioned in this Section, and that User agrees to bear the risk that Mtjcart.com may take such actions.
16. Transactions between Buyers and Sellers
16.1 Through the Site, Mtjcart.com provides an electronic web-based platform for exchanging information between buyers and sellers of products and services. Mtjcart.com does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, Mtjcart.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
16.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Mtjcart.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Mtjcart.com cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
16.3 Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that yourStore shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
16.4 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
16.5 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Mtjcart (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
17. Limitation of Liability
17.1 THE FEATURES AND SERVICES ON THE Mtjcart.COM SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND Mtjcart.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
17.2 Mtjcart MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. Mtjcart DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND Mtjcart MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE Mtjcart.COM SITE.
17.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Mtjcart.com or through or from the Site shall create any warranty not expressly stated herein.
17.4 Under no circumstances shall Mtjcart.com be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
17.5 Each User hereby agrees to indemnify and save Mtjcart.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save Mtjcart.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Mtjcart.com, including but not limited to those set forth in Sections 5.3, 5.4 and 5.5 above. Each User hereby further agrees to indemnify and save Mtjcart.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Mtjcart.com is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Mtjcart.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Mtjcart.com in asserting any available defenses.
17.6 Mtjcart.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
1. The use or the inability to use the Site;
2. Any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
3. Violation of Third Party Rights or claims or demands that Users' manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
4. Unauthorized access by third parties to data or private information of any User;
5. Statements or conduct of any User of the Site; or
6. Any matters relating to Premium Services however arising, including negligence.
18. Intellectual Property Rights
18.1 Mtjcart.com is the sole owner or lawful licensee of all the rights to the Site and the Mtjcart Content. The Site and Mtjcart.com Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Mtjcart.com Content shall remain with Mtjcart.com, its affiliates or licensors of the Mtjcart.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by Mtjcart.com are hereby reserved.
18.2 "Mtjcart" and related icons and logos are registered trademarks or trademarks or service marks of Mtjcart.com Corporation in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
19.1 All notices or demands to or upon yourStore.com shall be effective if in writing and shall be duly made when sent to Mtjcart in the following manner: to A-6, Satsang Society, Atladra, Vadodara Attn: Legal Department.
19.2 All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Mtjcart.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when
1. Mtjcart.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
2. immediately upon Mtjcart.com's posting such notice on an area of the Site that is publicly accessible without charge.
20.2 Mtjcart.com and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20.3 If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
20.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
20.5 Mtjcart.com's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives Mtjcart's right to act with respect with subsequent or similar breaches.
20.6 Mtjcart.com shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Premium Services to any person or entity.
20.7 This Agreement shall be governed by the laws of the India ("Gujrat") without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Vadodara.
Update Date : 10.10.2017
This information can be changed without notice. You need to recheck it while visit again.
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