By using the service of 100milesindia.com, you are deemed to have accepted the terms and conditions listed below and/ or elsewhere in the site.
All products/services and information displayed on 100milesindia.com constitutes an "invitation to offer". We reserve the right to accept or reject your offer. No act or omission of 100milesindia.com prior to the acceptance will constitute acceptance of your offer.
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. By using our services you agree to be bound by the Terms and Conditions.
Account and Registration:
"Your Information" is defined as any information you provide to us in the registration, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy and cookie 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. 100milesindia.com 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 100milesindia.com has 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 to us.
You agree to:
Provide true, accurate, current and complete information about yourself in 100milesindia.com's 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, incomplete, or not current or if 100milesindia.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, we have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
Pricing Information:
While 100milesindia.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. We strive to provide you with the best prices. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing may sometimes differ from online prices. Prices and availability are subject to change without notice.
Customs & local taxes:
All prices are inclusive of service charges, packaging and all other costs involved with the process of ordering. All the taxes and customs if applied are not included in the invoice value.
Credit Card Details:
You agree, understand and confirm that the credit card details provided by you for availing of services will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment. Your credit card information never reaches us, we just get pass, hold or fail message from our payment gateways. The said information will not be utilized and shared by our payment gateways or 100milesindia.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. We 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.
Warranties:
The products/services provided on this site are without warranties of any kind either expressed or implied and 100milesindia.com disclaims all or any of them to the fullest extent. We do not warrant that the products/services offered will be error-free, or that the defects will be corrected, or that this site or the server that makes it available are or will be free of viruses or other harmful components.
Electronic Communications:
When you visit the site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email, message, posting notices on the site or any such way. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You Agree and Confirm:
· That you will use the services provided by us, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the site and transacting on the site.
· You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in its sole discretion to reject the registration and debar you from using our services and / or other affiliated websites without prior intimation whatsoever.
· That you are accessing the services available on this site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this site.
· That you will not use the site for any of the following purposes:
o Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
o Transmitting material that encourages the conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
o Gaining unauthorized access to other computer systems.
o Interfering with any other person's use or enjoyment of the site.
o Interfering or disrupting networks or web sites connected to the site.
o Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
o Breaching any applicable laws.
Modification of Terms & Conditions of Service:
100milesindia.com may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on our site. You should regularly review the Terms & Conditions on our site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
Governing Law and Jurisdiction:
This User Agreement shall be construed in accord with the applicable laws of India. The Courts at Surat 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 us 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 time to time. The arbitration shall be held in Surat. The High Court of judicature at Surat alone shall have the jurisdiction and the Laws of India shall apply.
Reviews, Feedback, Submissions:
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, the "Comments") shall be and remain 100milesindia.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We 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. 100milesindia.com 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 Site 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 Site will be or contain libelous 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".
We do not regularly review posted comments, but does reserve the right (but not the obligation) to monitor and edit or remove any comment(s) submitted to the site. You grant us the right to use the name that you submit in connection with any comment(s). You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comment(s) you submit. You are and shall remain solely responsible for the content of any comment(s) you make and you agree to indemnify 100milesindia.com and its affiliates for all claims resulting from any comment(s) you submit. We and our affiliates take no responsibility and assume no liability for any comment submitted by you or any third party.
Copyright & Trademark:
· 100milesindia.com 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 site does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to 100milesindia.com or third party suppliers. 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 our permission. You cannot modify, distribute or re-post anything on this website for any purpose.
· The 100milesindia.com names and logos and all related products and services and our slogans are the trademarks or service marks of 100milesindia.com. 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 site does not authorize anyone to use any name, logo or mark in any manner.
· 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 site (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 site 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 site or any related software. All software used on this site is the property of 100milesindia.com or its suppliers and protected by Indian and International copyright laws. The contents and software on this site 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 site is strictly prohibited. Unless otherwise noted, all contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by 100milesindia.com, one of its affiliates or by third parties who have licensed their materials to us and are protected by Indian and International copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all contents on this site is the exclusive property of 100milesindia.com and is also protected by Indian and International copyright laws.
Objectionable Material:
You understand that by using this site or any services provided on the site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the site and any service at your sole risk and that to the fullest extent permitted under applicable law, 100milesindia.com and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you.
Indemnity:
You agree to defend, indemnify and hold harmless 100milesindia.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to 100milesindia.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Termination:
This User Agreement is effective unless and until terminated by either you or 100milesindia.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this site. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site, such termination will be without any liability to us. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any comment(s) shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the site or affect any liability that may have arisen under the User Agreement.
Limitation of Liability and Disclaimers:
The site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the site.
The site provides content from other internet sites or resources and while we try to ensure that material included on the site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the site. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, 100milesindia.com or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the site, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of 100milesindia.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. We and our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the site or that the operation of the site will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the site; and/or any interruption or errors in the operation of the site.
Site Security:
You are prohibited from violating or attempting to violate the security of the site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than the search engine and search agents available from 100milesindia.com on this site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Entire Agreement:
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and 100milesindia.com with respect to the 100milesindia.com site/ services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this site/ services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Listing and Descriptions:
100 Miles makes every effort to ensure that the product descriptions and photographs provided on this web site are accurate and life-like. Whilst the reproduction of colors and styles contained on the photographs shown on this website are as accurate as image and photographic processing will allow, we cannot accept responsibility for slight variances in color or style. However, the actual colors you see would also depend on your monitor, VGA card, resolution of your computer, browser used. We cannot guarantee that your monitor's display of any color will be accurate.
