TERMS & CONDITIONS OF USE
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable 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.
The domain name www.companybrandstore.com (hereinafter referred to as "Website") is owned by Consortium Gifts Private Limited a company its registered office at E-78 Sector-6 NOIDA-201301.
For the purpose of terms and condition, Registered User / Guest 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 while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the terms and conditions and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing specific information’s.
Your use of the Website and services and tools are governed by the following terms and conditions as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with and these terms and conditions including the policies constitute Your binding obligations, withCBS.
When You use any of the services provided by Consortium Gifts Private Limited through the Website, including but not limited to, (e.g. Product, Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this terms and conditions hereafter called (Terms and Conditions). Website reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and conditions, at any time without any prior written notice to users. It is user’s responsibility to review these Terms and conditions periodically for updates / changes. Their continued use of the Website following the posting of changes will mean that users accept and agree to the revisions. As long as users comply with these Terms and conditions, Website grant them a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES USERS AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms and Conditions, You also accept and agree to be bound byCBS Policies.
1. Eligibility of Membership
1.1 Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 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 User of the CBS website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website.CBS reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to CBS's notice or if it is discovered that you are under the age of 18 years.
2. Account Obligations
2.1 If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and cell number 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 , email id and cell number as the case may be. You agree, inter alia, to: Provide true, accurate, current and complete information about yourself as prompted byCBS's registration form or provided by You as Guest User (such information being the "Registration Data")
2.2 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 CBS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms and Conditions,CBS has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
3. Electronic Communications
3.1 When You use the Website or send emails or other data, information or communication to CBS, You agree and understand that You are communicating with CBS through electronic records and You consent to receive communications via electronic records from CBS periodically as and when required.CBS will communicate with you by email or by electronic records on the CBS Website which will be deemed adequate service of notice / electronic record.
4. Services and Taxes
4.1 CBS reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.
4.2 Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
4.3 Non-payment of Fees/Taxes: Website reserves the right to issue a warning, temporarily /indefinitely CBS also have right to suspend or terminate your membership and Access of Website in case of non-payment of fees by you to CBS. Website also reserves the right to take legal action in case of non-payment of fees by you to CBS
5.1 The Website is a platform that users utilize to meet and interact with one another for their transactions. CBS is not and cannot be a party to or control in any manner any transaction between the Website's Users.
a. CBS has made this service available to use as a matter of convenience. CBS expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. CBS also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. CBS does not warrant that these sites/applications, its servers, or e-mail sent from CBS are free of viruses or other harmful components. CBS will not be liable for any damages of any kind arising from the use of these sites/applications, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
b. The Service(s) of CBS is provided on an "as is" basis without warranties of any kind, whether express or implied. CBS does not represent or warrant maintaining the confidentiality of information; although CBS's current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood by the User that all warranties and after sales services, implied or expressed, take place directly between the Sellers/merchants and the User/buyer/customer and the terms of sale by the Sellers/merchants
c. CBS will not be responsible for any damage suffered by Users from use of the services on its sites/applications. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the seller. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer or mobiles virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
d. CBS assumes no liability whatsoever for any monetary or other damage suffered by you on account of delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the services or any interruption or errors in the operation of the services. You expressly understand and agree that CBS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.
e. CBS does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be soldor offered to be sold or purchased on the Website. CBS does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. CBS accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
f. CBS is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. CBS cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. CBS shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
g. CBS does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
h. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. CBS is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall CBS hold any right, title or interest over the products nor shall CBS have any obligations or liabilities in respect of such contract. CBS is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
i. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
j. CBS do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
5.3 IN NO EVENT SHALL CBS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS AND CONDITIONS, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
6.1 You release and indemnify CBS and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, CBS cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
7. Website Access
7.1 You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
7.1.1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) infringes any patent, trademark, copyright or other proprietary rights third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(d) violates any law for the time being in force and
(e) harm minors in any way or Impersonate another person.
(f) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(g) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(h) shall not be false, inaccurate or misleading.
(i) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(j) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
8. General Terms
8.1 None of the provisions of Terms and Conditions shall be deemed to constitute a partnership or agency between you and CBS and you shall have no authority to bind CBS in any manner whatsoever.
8.2 If any clause of Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of Terms and Conditions.
8.3 This Agreement sets forth the entire understanding and agreement between You and CBS with respect to the subject matter hereof.
8.4 In cbs’s sole discretion, CBS may transfer its rights and obligations (also known as “assign”) under this Terms and Conditions without your prior express consent, provided that CBS assigns the Agreement on the same terms or terms that are no less advantageous to You.
9.1 If any dispute arises between you and CBS during your use of the Website , in connection with the validity, interpretation, implementation or alleged breach of any provision of Terms and Condition or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by CBS. The place of arbitration shall be Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
10. Governing Law
10.1 The Terms and Conditions or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India.
10.2 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.
11.1 Any complaint with regard to any violation of Terms and conditions on this site should be addressed to the Grievance Officer. The name and contact details of the Grievance Officer are provided below:
11.1.1 Officer Incharge: Anubhav Pandey
Email Address: firstname.lastname@example.org
Contact Number: +91- 9650070283
Timings: 10 AM to 6 PM, Monday to Saturday except public holidays