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Terms of Use

These Website Terms Of Use ("Terms Of Conditions") Is An Electronic Record In The Form Of An Electronic Contract Formed Under Information Technology Act, 2000 And Rules Made Thereunder And The Amended Provisions Pertaining To Electronic Documents / Records In Various Statutes As Amended By The Information Technology Act, 2000. These Terms Of Use Does Not Require Any Physical, Electronic Or Digital Signature.

These Terms Of Use Is A Legally Binding Document Between User And Firdekho (Both Terms Defined Below). These Terms Of Use Will Be Effective Upon Your Acceptance Of The Same (Directly Or Indirectly In Electronic Form Or By Means Of An Electronic Record) And Will Govern The Relationship Between User And Firdekho For The Use Of The Website (Defined Below).

This Document Is Published And Shall Be Construed In Accordance With The Provisions Of Rule 3 (1) Of The Information Technology (Intermediaries Guidelines) Rules, 2011 Under Information Technology Act, 2000 That Require Publishing The Rules And Regulations, Privacy Policy And User Agreement For Access Or Usage Of The Website.

 

The Site is operated by Firdekho.com. We reserve the right to revise these Terms at any time. As such, you should check these Terms periodically. Changes will not apply to any orders we have already accepted unless the law requires otherwise. If you violate any of the terms of these Terms you will have your access canceled and you may be permanently banned from accessing the Site. If you access the Site after we have posted changes to these Terms, such access shall constitute your acceptance of those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms were last updated.

PRIVACY

To view our Privacy and Security Policy, click here. We created the Privacy and Security Policy to inform you about our collection and use of information we collect when you access the Site.

COPYRIGHT

You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the Indian. copyright laws Act 1956 Section 19, your legal rights in relation to “fair dealing” under Indian copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.

INTELLECTUAL PROPERTY INFRINGEMENT

We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act 1956, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:

1.    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2.    A description of the copyrighted work or other intellectual property that you believe has been infringed;

3.    A description of where the material that you claim is infringing is located or identified on the Site;

4.    Your name, address, telephone number, and e-mail address;

5.    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

6.    A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.

SITE ACCESS

You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.

YOUR ACCOUNT

If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through the “My Account” feature and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under the “My Account” feature or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site.

LINKS

We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.

In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

 

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Firdekho nor shall Firdekho have any obligations or liabilities in respect of any transactions on the website.

ONLINE CONDUCT

You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat, online review, or participation in our Community tab), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property, our users and customers and/or you.

We reserve the right, but not the obligation, to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers, our rights or any third party. We assume no liability for any action or inaction with respect to conduct, communication, or Content on the Site.

YOUR CONSENT TO NOTICES

You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to access the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.

TERMINATION OF USAGE

We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.

USAGE BY MINORS

This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.

We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.

PRICES, AVAILABILITY AND ERRORS

Products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced, the quantity or availability of a product may have changed just prior to you placing your order or other errors may be displayed on the product page. We will normally verify prices, availability and confirm there are no errors on the product page as part of our dispatch procedures.

Where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty. On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider's inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.

We reserve the right to correct any errors, inaccuracies or omissions on a product page. We reserve the right to rescind our acceptance and cancel your order without penalty in the event there is an obvious and unmistakable error on the product page, in our reasonable discretion. If you have already received your order, we will do our best to resolve your concern.



COLLECTION OF TAX

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes CST/VAT ,etc. levied thereon

SHIPPING

The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has “shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.

SMS

When you join and provide us with your mobile phone number, you agree that we may send you text messages (including SMS and MMS) to your phone number.

In order to terminate you must text STOP to +919220592205

 or reply to any message from us with STOP. We will reply to you with a message confirming you have elected to stop receiving text messages. Except for the final confirmation message terminating the program, we will send you messages between the hours of 8:00 am and 10:00 pm using the time zone associated with the area code of your mobile device. In order to subscribe, text “JOIN” to +919220592205. In reply, we will send you a confirmation text message, and you may need to reply as instructed to complete registration. We will send you up to eight (8) messages per week. We will not charge you for sending or receiving messages, but message and data rates from your phone carrier may apply, and are solely your responsibility. You agree to notify us of any changes to your mobile number and update your account(s) with us to reflect this change. You also agree that we will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator.

Distance Selling Regulations

If you are contracting as a consumer, you may cancel an order that we have accepted at any time within 15 days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products. Please note you must return the product to us and must pay the cost of returning the product to us under the applicable return policy, unless the product(s) are not those you ordered, in which case we will bear your costs of returning the product(s) in question to us. You will not have the right to cancel an order under these provisions for audio or video recordings or computer software where you (or someone else following delivery to the delivery address you provided) have or has unsealed the package [or, where the product is provided in electronic format, where you or (or someone else following delivery as requested by you) has downloaded the content].

Delivery Times

Your order will be fulfilled by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipping Confirmation, which could in exceptional circumstances be longer than 7 days.