|
|
|
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
User Agreement (Terms and Conditions for Use)
Your use of the 20North.com website (hereinafter referred to as "the Website") and its related sites, services and tools is governed by the following terms and conditions as applicable to the Website. This User Agreement (also referred to as Terms and Conditions of use) for the Website shall come into effect on 0000 hours India Standard Time 1st April 2009 ("User Agreement"). If you reside in India, you are contracting with 20North Online Pvt. limited (“20North”) a company incorporated under Companies Act, 1956 having its principal place of business at 2984 12th Main, Indiranagar, Bangalore 560008, India. If you reside in any country outside of India, you are
contracting with Salar Holdings GP LLC (the “International Reseller”) with registered offices at 5228 Tennington, Dallas, Texas 75287, USA, collectively and individually referred to as “Marketplace Providers”. These terms and conditions constitute your binding obligations towards these respective contracting entities.
For the purpose of this User Agreement; User, Registered User and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has
allocated himself a unique identification user name (“User ID” and “Password”).
Use of the Website is available only to persons who can form legally binding contracts. Persons who are "incompetent to contract" including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not place orders for any items on the Website. As a minor if you wish to purchase on the Website such purchase may be made by your legal guardian or parents who have registered as users of the Website. We reserve the right to
terminate your membership and refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years. If
you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and
you have the authority to bind that business entity to this User Agreement.
As a new Registered User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ or the ‘continue button’ as provided on the registration page. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement please do not click on the "check box " and on the ”continue” button and do not seek to obtain access to or otherwise use the Website.
Amendments: this User Agreement and Rules and Policies may be amended by Marketplace Providers at any time by posting a revised version on the Website and the revised version will be effective at the time it is posted on the Website. In addition, if the revised version of this User Agreement includes a Substantial Change, Marketplace Providers will provide you with 30 days' prior notice of such Substantial Change as per the Notification Preferences provided by You to 20North. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in the Rules and Policies. For the purpose of this User Agreement, the term "Substantial Change" means a change to the terms of this User Agreement that significantly reduces your rights or significantly increases your responsibilities.
If you use the Website, you are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to:
- Provide true, accurate, current and complete information about yourself as prompted by the Website registration form (such information being the "Registration Data")
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Marketplace
Providers have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Marketplace Providers have the right to indefinitely suspend or terminate your membership with the Website and refuse to provide you with access to the Website.
By accepting this User Agreement, the User has also accepted and agreed to be bound by Rules and Policies as provided from time to time in the following hyperlinks:
- Return, Cancellation and Refund
- Privacy Policy
- 20North Credits and Promotional Coupon Policy
- Duty-Free Gifting
- Restricted Items
You must read, agree with and accept all of the terms and conditions contained in this Agreement as these terms constitute Your legal and contractual obligations for using the Website. Except where additional terms and conditions are provided which are Product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
- You agree and acknowledge that International Reseller allows suppliers and online retailers (the “Merchants”) in the USA and other countries to list and display products (the “Products”) for sale on the Website electronically. International Reseller is providing a platform as an intermediary for these listings. Further, 20North, International Reseller and other group companies of these two entities are not the originators of these listings.
- You understand and agree that the International Reseller merely provides listing services to Merchants and all items listed and the contents therein are third party user generated contents and that 20North or International Reseller shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you. The Website has no control over the third party user generated contents and it is solely your responsibility to ensure that you do not place orders for Products that are Restricted or Prohibited from import into India and such orders if placed shall be cancelled by Marketplace Providers and shall not be fulfilled.
- You understand and agree that International Reseller is permitting You to access, view and take appropriate buying and payment actions on these listings on the Website.
- You understand and agree that You are placing a buy order to the International Reseller on the Website. International Reseller will accept Your payments in USD directly and Your payments in INR through 20North its payment collection agent in India. You further agree and acknowledge that Your buy order will result into an import into India. Subject to the clearance of the Indian customs authorities, the title in the goods bought through the Website will pass from International Reseller in Your favor at the port of export. The goods will remain in the custody of International Reseller till the same are delivered to You at the address designated by You in the Website. The International Reseller shall be responsible for the safe and secure delivery of the goods to You on your behalf and shall bear the risk of
loss/damage during transit while the goods are in the custody of International Reseller. The International Reseller shall be the exporter
for the purpose of import of goods into India and You shall be the importer for the same purpose.
- All products, services and information displayed on the Website constitute an "invitation to offer". Your order for purchase constitutes your "offer" which Marketplace Providers reserve the right to accept or reject. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm your order. No act or omission of Marketplace Providers prior to the actual dispatch by the Merchants of the product(s) ordered will constitute acceptance of your
offer.
- The Website strives to provide accurate product and pricing information but pricing or typographical errors may occur, also a price increase may occur between order placement by You and order confirmation by Marketplace Providers. In the event of such a price increase of in the event that a product is listed at an incorrect price or incorrect weight or with any incorrect information which leads to an due to an error in pricing, the price change will be informed to you and you may decide to either go ahead with the purchase by paying the difference, failing which Marketplace Providers shall have the right, at our sole discretion, to cancel the order for a 100% refund to your account.
- You understand and agree that before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description, geographical limitation of warranty and
notifications of voltage incompatibility in case of electronic/electrical products.
- You agree, understand and confirm that the credit card details provided by you for availing of services on Marketplace Providers will be correct and accurate and you shall not use a credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to Marketplace Providers. Further the said information will not be utilised and shared by Marketplace Providers with any of the third parties unless required for fraud verifications or by law, regulation or court order.
Marketplace Providers will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to
'prove otherwise' shall be exclusively on you.
- Marketplace Providers reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. Marketplace Providers reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
- You understand and agree that Marketplace Providers are not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered, or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. All items are offered by Merchants are only for a restricted time and only for the available supply as offered by Merchants.
- You understand and agree that each item in your order for delivery to India may be subject to Import Duties and Taxes. The applicable Import Duties and Taxes (including clearing charges) are clearly indicated alongside each item available for order on the Website.
- You understand and agree that by placing an order, you are agreeing to allow Marketplace Providers to collect at the time of order placement, the Import Duties and Taxes for the applicable items in your order. You further authorize Marketplace Providers to appoint agents to act on your behalf with the relevant customs and tax authorities in the US and India, to clear your merchandise, process and remit export/import duties and taxes for such item in your name and on your behalf.
- Customs regulations and duty and tax rates applicable to certain items may change between the date the Import Duties and Taxes was estimated and the applicable taxes and duties are paid on the date of entry. Also, classification of goods as made on the Website may differ from the classification made by the assessing authority in India resulting in a difference between the Import Duties and Taxes collected
and actual import fees and taxes paid. You agree not to dispute and accept as final and pay the Import Duties and Taxes estimation shown on
the Website.
- "Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for maintaining the confidentiality of Your Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Account or Password. Marketplace Providers shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your
password you should notify us by contacting us immediately through the address provided below. If Marketplace Providers have reason
to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend
your account without any liability toMarketplace Providers.
- When You use the Website or send emails or other data, information or communication to Marketplace Providers, You agree and understand that You are communicating with Marketplace Providers through electronic records and You consent to receive communications via electronic records from Marketplace Providers periodically and as and when required. Marketplace Providers will communicate with You by email which will be deemed adequate service of notice / electronic record.
- You agree that in the case of duty free gifts purchased by you for you shall secure the foregoing authorization from the gift recipient designated in your order "I <receiver's name> hereby declare that <senders name> is known to me and that the gift sent by <senders name> is a bonafide gift intended for my personal use. I hereby authorize an agent appointed by 20North or International Reseller to clear the goods as a duty free gift on my behalf. Also you shall secure a photo ID from the recipient and your order will be confirmed only after such authorization has been received by Marketplace Providers and in case such authorization is not received within 24 hours of receipt of your order, the order will be cancelled.
- By accepting this Agreement and/or making any buying activity on the Website You hereby agree to observe full compliance with all the applicable laws, rules, regulations, guidelines etc. whether applicable in India or outside India, including without limitation Reserve Bank of India Act, 1934 and rules made there under, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Exchange Management Act, 1999 and the rules made there under; Customs Act, 1962 and the rules made there under, Foreign Trade Policy, item or goods specific laws, rules, regulations and guidelines in India and also with Your agreement with International Reseller with respect to any use of the Website and/or any buying and payment activity on the Website and/or any import into India and/or with limitations or
restrictions, if any, to end use of any goods being bought or imported as such.
- You agree and acknowledge that all Your buying activities on the Website are permitted current account transactions under Foreign Exchange Management Act, 1999 and the rules made there under and You have and shall at all times maintain as valid and subsisting all the licenses, permits, authorizations, approvals, consents, authority etc. under all applicable laws, rules, regulations and guidelines as applicable in India to buy and/or import the goods by virtue of Your buying and payment activities on the Website. You shall provide all necessary documents, licenses, permits, approvals, papers and writings to International Reseller and/or customs clearing agent and/or courier company and/or customs department and/or any other person or authority whether statutory or otherwise to enable customs clearance and delivery
of goods on Your behalf.
- All reviews, comments, feedback, postcards, testimonials, suggestions, ideas, and other submissions disclosed, submitted or offered to Marketplace Providers on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain Marketplace Providers property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Marketplace Providers of all worldwide rights, titles and interests in all copyrights and other
intellectual properties in the Comments. Thus, Marketplace Providers owns exclusively all such rights, titles and interests and shall not be
limited in any way in its use, commercial or otherwise, of any Comments. Marketplace Providers will be entitled to use, reproduce, disclose,
modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without
restriction and without compensating you in any way. Marketplace Providers is and shall be under no obligation (1) to maintain any
Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments
submitted by you to the Website will not violate this policy or any
right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any
person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful,
threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass
mailings or any form of "spam".
- Marketplace Providers does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Marketplace Providers the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to
the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to
indemnify Marketplace Providers and its affiliates for all claims resulting from any Comments you submit. Marketplace Providers and its
affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
- Marketplace Providers and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Marketplace Providers or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Marketplace Providers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited
without the permission of Marketplace Providers. You may not modify, distribute or re-post anything on this website for any purpose.
- The Marketplace Providers names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Marketplace Providers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
- References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Marketplace Providers endorsement, sponsorship or recommendation of the third party, information, product or service. Marketplace Providers is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
- All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or
copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from,
sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All
software used on this Website is the property of Marketplace Providers or their suppliers and protected by Indian and international copyright
laws. The Contents and software on this Website may be used only as a
shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Marketplace Providers, or one of its affiliates or by third parties and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of Marketplace Providers and is also protected by Indian and international copyright laws.
- Price Drop and Deal Alerts. 20North.com’s price drop alert service helps You take advantage of temporary low prices during sale periods. 20North.com Price drop alerts inform You by email and/or SMS (SMS available only to Users who are resident in India) when prices of items in your shopping cart or wish list drop significantly and help You take timely action before prices change.
20North.com price drop alerts, while striving to be timely, do not guarantee that the low prices will persist until the time You take
action. Also, as in the case of all orders placed on 20North.com, a price increase may occur between order placement by You and order
confirmation by Marketplace Providers. However, if the price has changed from the time you have placed the order to the time the order is
confirmed, Marketplace Providers will inform you of the same and you may decide to either go ahead with the purchase or cancel the order.
- For a limited time, starting December 14, 2010, Marketplace Providers will credit your account automatically with 20North Credits worth Rs. 100, when you sign-up for price drop alerts with a valid email address and mobile phone number. These points can be redeemed against any purchase on 20North.com. These 20North Credits are valid for 30 days from date of your registration for Price Drop Alerts
- By registering for 20North.com price drop alerts, You grant Marketplace Providers the right to communicate with You by email and/or SMS to inform you about discounts, deals and promotions or to solicit your feedback.
- If you are not already a Registered User, the user name of the newly created account would be the email address provided by You on 20North.com during when signing up for price drop alerts. The password of the account is auto-generated and is sent to You by email. It is recommended that You should change the password to your account, upon receiving this email. You are solely responsible for the confidentiality of your account. Marketplace Providers, will not be liable in any way for losses or damages that arise from your failure to
protect the confidentiality of your account.
- Reward Points Redemption Program
- Multiple point earnings programs may be made available on 20North.com but a customer eligible for earning points as part of more than one point-earning program offered on 20North.com shall be required, at the time of each transaction, to make a mutually exclusive choice between the various points earning programs for which he/she may be eligible.
- Point earning programs cannot be combined with any promotional or discount offer available on 20North.com and customers shall not earn any points (for which they otherwise may be eligible) as part of a transaction that avails of any promotional or discount offer on 20North.com.
- You shall indemnify, defend and hold harmless Marketplace Providers, their subsidiaries and affiliates, their respective
directors, officers, employees, sub-licensees, users, customers, agents, attorneys, affiliates, successors, and assigns ("Indemnified Parties")
from any and all claims, losses, liabilities, damages, suits, actions, government procedures, taxes, penalties or interest, associated auditing
and legal expenses and other costs incurred by the Indemnified Parties (including reasonable attorneys' fees and costs of suit) arising from
any breach of this Agreement whether the said breach is wilful or otherwise.
- You agree that Marketplace Providers shall not be liable to You or any other person or entity claiming under You or Your successors, assigns, liquidators or receivers for any loss, damages, penalties, interests, duties, claims etc. paid and/or incurred by You or
the persons claiming under You for any third party's (including International Reseller, its customs clearance agents and courier
companies) acts, negligence or omissions whether intentional, willful or otherwise and whether under contracts, torts or under common law. Under
no circumstances Marketplace Providers shall be liable for damages, whatsoever whether such damages are direct, indirect, special,
incidental, consequential and irrespective of whether any claim is bases on loss of revenue, investment, goodwill, profit, production,
interruption of business or any other loss of any character or nature whatsoever and whether sustained by You or any third party.
- You agree that once accepted, this Agreement cannot be terminated by You under any circumstances. However, Marketplace
Providers may terminate this Agreement at its sole discretion.
- You cannot assign this Agreement to any third party under any circumstances. Marketplace Providers may assign this Agreement to any of their subsidiaries, holding companies or affiliates or any other entity.
- Governing Law and Jurisdiction
- This User Agreement in case of it being contracted with 20North shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by 20North and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in
Bangalore. The High Court of judicature at Bangalore alone shall have the jurisdiction and the Laws of India shall apply.
- This User Agreement in case of it being contracted with International Reseller shall be construed in accordance with the applicable laws of Texas, USA.
|