Terms & Conditions

 

Terms and Conditions for transacting at and/or dealing with Online Shopping Website http://stir.lighting.

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 (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access and/ or transacting and/ or usage of http://stir.lighting and sets out the terms and conditions governing it and the disclaimer (“Terms & Conditions”).

http://stir.lighting (“Website”) is owned and operated by Stir Design Private Limited (“Stir Design” or “We”), a company incorporated under the Companies Act, 2013 vide U52340DL2016PTC300478 , having its registered office at 90 New Manglapuri, Mehrauli Gurgaon Road, New Delhi 110030, hereinafter referred to as “Company” [which expression shall, unless it be repugnant to the context or meaning thereof, include its successor or successors and assigns].

All kinds of correspondence should be addressed to the registered office address as given above or as per the contact details mentioned on the Website.

Use of this Website is regulated by Terms & Conditions provided herein. Your visit, dealing, transacting and/or otherwise using this Website shall be treated as You run conditional acceptance of these Terms & Conditions in entirety. There is an option given during the course of every transaction to enable the User to express his/ her acceptance or rejection of these Terms & Conditions. Please exercise the said option during the course of any transaction after going through these Terms & Conditions, as Your acceptance by clicking on “I Agree” shall be deemed that You have accepted these Terms & Conditions fully and You have gone through and understood these Terms & Conditions completely and these Terms & Conditions shall be treated as legally binding and enforceable agreement between the Company and You. If You do not agree with any of these Terms & Conditions or all of these Terms & Conditions, then You should stop dealing with and/or initiate and do any transaction on this Website.

The information, products and services including but not limited to communications tools, forums, shopping services, search services, offered on this Website or through other mediums, whether now known or hereafter developed, is solely for the User’s information and subject to the User’s acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. User’s use of the Website and/ or services is subject to the additional disclaimers and caveats that may appear throughout the Website. The Company, its affiliate companies, associate companies, subsidiaries, consultants, contractors, advisors, accountants, agents, partners and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information, services, Products (as defined hereinafter) and other materials offered on this Website. While the Company strives to keep the information relating to the various Products offered on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information. Further, various Products offered may differ in their appearance and/or color from the ones shown on the Website.

The Company may change, suspend and/or discontinue the Product(s) at any time, including the availability of any feature, database and content on the Website. The Company may also impose limits on certain features and services and/or restrict User’s access to parts and/or all of the services without notice and/or liability to the Users.

In this Agreement (as defined hereinafter), ‘Company’ and ‘User’ have been collectively referred to as “Parties” and individually as “Party”.

I. Definitions

The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:

  • “Agreement” shall mean agreement between the Company and User with terms and conditions as provided herein and includes the Privacy Policy, Disclaimer and all the schedules, appendices and references mentioned herein with all such amendments as effected by the Company from time to time.
  • “Company” shall mean Stir Design Private Limited.
  • “Exchange Policy” shall have the meaning ascribed to it in Clause IX.
  • “Force Majeure Event” shall have the meaning ascribed to it in Clause XIII.
  • “Product(s)” shall mean any good and/or service offered for sale on the Website for consideration.
  • “Terms & Conditions” shall have the meaning as ascribed hereinabove.
  • “User”, “You”, “Your” shall mean any person/persons and/or legal entity(ies) who visits, uses, deals with and/or transact at http://stir.lighting in any way.

II. Eligibility

Any person who is above eighteen (18) years of age, transacting in Indian Rupees and competent to enter into valid contract under the Indian Contract Act, 1872 shall be eligible to visit, use, deal and/or transact at the Website. If User is not competent to enter into valid contract then User is prohibited to visit, use, deal and/or transact at the Website. Your visit, dealing and/or transaction at the Website shall be treated as Your representation that You are competent to enter into valid legal contracts under the Indian Contract Act, 1872.

User agrees to be financially responsible for all of User’s use of the services and access of the Website (as well as for use of User’s account by others, including without limitation minors living with User). User warrants that all information supplied by User in using the services and accessing the Website, including without limitation User’s name, email address, street address, telephone number, mobile number, credit / debit card and/ or any other payment instrument number and other payment details is correct and accurate. Failure to provide accurate information may subject the User to civil and criminal penalties. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.


III. Amendment of Terms

The Company is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this Agreement as amended by the Company from time to time. Use of the services by User following such notification constitutes User’s acceptance of the Terms and conditions of the Agreement as modified


IV. Website Content

The Website and its contents shall only be used in accordance with the terms of the Agreement. All Products/materials displayed and/or performed on the Website are protected by patents, copyright, trademark, trade secrets and other intellectual property rights owned by the Company (as applicable), its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners, and/ or suppliers. User shall abide by all copyright notices, intellectual property rights, information, and restrictions contained in any content accessed through the services.

The Website is protected by copyright as a collective work and/or compilation, pursuant to Indian Copyrights laws, international conventions, and other worldwide copyright laws.

The Company undertakes to review all claims of copyright infringement received and remove the Content deemed to have been posted or distributed in violation of any applicable laws.

The Company requests that, according to standard practice, if a User uses any information available on the Website for any research that results in an article and/ or other publication, the User lists the Company as a resource in User’s bibliography and the User shall take prior permission and (i) give proper credit and ensure that the Company’s copyright notice appears on all copies; (ii) no documents or graphics, including logos, available from the Website and/ or Products are modified in any way.

User acknowledges that the Company may or may not pre-screen Content, but that the Company and/ or its designees reserves the right (but not the obligation) to pre-screen, refuse or remove any Content and/ or Products from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations or complaints from third parties and/ or authorities relating to such Content) and/ or for no reason at all.

The Company neither warrants nor represents that use of Products by User will not infringe the rights of third parties not owned by or affiliated with the Company. Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The Company’s logos, product and service marks and/ or names are trademarks, are owned by the Company (the “Marks”). Without the prior written permission of the Company, or its appropriate affiliates, User agrees not to display and/or use in any manner, the Marks. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and/ or to the Marks without the express written permission of the Company or such third party. All other trademarks are the property of their respective owners.

User’s misuse of the Products, material and/or Marks on the Website and in its contents, except as provided in this Agreement, is strictly prohibited. User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/ or services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at User’s risk as to costs and consequences.

All information and images on the Website have been given by partner brands or downloaded from their websites with their permission. We will not be held responsible for any claims of misrepresentation of the same.


V. Registration Data

User shall be entitled to use the Website for any online shopping transaction after getting him/her registered on the Website after furnishing all relevant information relating to User as sought on the Website. User shall be solely responsible for the confidentiality of its User Id and Password.

User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration. The Company shall be entitled to cross verify those details, if it deems fit. If the Company has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as the Company deems fit.

User shall not (a) select or use name, User ID, mobile number and/or mail id, of another person with the intent to impersonate that person; or (b) use a User id a name subject to any rights of a person other than User without appropriate authorization. The Company reserves the right to refuse registration of, or cancel User id in its discretion.

In order to ensure that the Company is not violating any rights User might have in his/her Information, User hereby agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) User has in his/her Information, in any media now or in future known, with respect to User’s Information solely to enable the Company to use the information User supplies to the Company. The Company will only use User’s Information in accordance with the Agreement.

User agrees and understands that the Company shall not be responsible in any manner whatsoever for:

(a) delivery of Product at wrong address furnished by User.
(b) any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User; or
(c) any deficiency in payment of consideration payable towards the Products purchased on the Website.

User shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Company.


VI. Representations and Warranties

User represents and warrants that User is the owner and/or authorized to share the information User gives on the Website. User confirms that the information is correct, complete, accurate, not misleading, does not violate any statutory enactment, notification, order, circular, policy, rules and regulations, is not injurious to any person and/or property.

User undertakes to indemnify and keep indemnified the Company and/or its shareholders, directors, employees, officers, affiliates, partners, associate/ subsidiary companies/entities, advisors, accountants, agents, consultants, contractors, partners and/ or suppliers for all claims resulting from detail/information user posts and/or supplies to the Company. The Company shall be entitled to remove any such detail / information posted by User without any prior intimation to User.

Additionally,

  • User understands that the Company does not have any control on accuracy of information / detail submitted by anybody on the Website and therefore agrees that the Company shall not be responsible for any loss, damage, cost, expenses due to inaccuracy of any detail / information submitted by User or anybody else on the Website.
  • User understands that any specification of any Product sent to a third party from the Website will be powered by Stir Design, and Stir Design will not be responsible for any loss, damage, cost, expenses incurred to such a third party due to inaccuracy of any detail / information sent by the User.
  • User agrees and undertakes that she/ he shall be solely responsible for his/her Information and confirms that information submitted by User:
    (a) is correct, complete, relevant and accurate and is not fraudulent.
    (b) does not “stalk” or otherwise harass another User;
    (c) does not and shall not infringe any third party’s intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy.
    (d) shall not be defamatory, libelous, unlawfully threatening and/or unlawfully harassing.
    (e) shall not be indecent, obscene and/or contain pornography and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority.
    (f) shall not be seditious, offensive, abusive, liable to incite racial, ethnic and/or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience.
    (g) shall not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law.
    (h) shall not be or include material that is technically harmful (including, without limitation, computer/ mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
    (i) shall not create liability for the Company or cause the Company to lose (in whole or in part) the services of the Company’s ISPs or other suppliers.
    (j) is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of ‘spam’ or solicitation.
    (k) is not illegal in any other way.
    (l) further, the User agrees and understands that the Company reserves the right to remove and/or edit such detail / information.
  • User confirms that he/she shall abide by all notices and all the terms and conditions (updated from time to time) contained and mentioned herein.
  • User undertakes and confirms that User shall not use the Company’s website, services and/or materials therein for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable laws, rulings, notifications, orders of any court or statutory authority. User shall not use the Website, services and/or materials therein in any manner which could damage, disable, overburden and/or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with other User’s use and enjoyment of the Website and/or services therein.
  • User shall not attempt to gain unauthorized access to any service on the Website, other User’s Account(s), Computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented). User shall not or shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Website.
  • User agrees and understands that she/ he is responsible for all of his/ her activity in connection with the services and accessing the Website.
  • User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website and/ or services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User’s right to access the Website.
  • User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User. As a condition of use of this Website, User warrants to the Company that User will not use this Website for any purpose that is unlawful or prohibited by these Terms & Conditions, notices and/ or by the applicable law. Also, User must not harass, intimidate or impersonate other User’s or use any information obtained from the service in order to do so.
  • User agrees not to use this Website for illegal or prohibited purposes. In particular, the User accepts that he or she will only use this Website for him/herself and that the Products purchased through this website will be for his or her own use or consumption, or the use or consumption of persons on behalf of whom he or she is legally authorized to act. The User shall not resell to third parties, Products purchased through this Website.
  • Certain elements of the Website will contain material submitted by other Users. The Company disclaims its responsibility for the content, accuracy, conformity to applicable laws of such material. Part of the Website contains advertising/other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable laws is exclusively on the advertisers and the Company will not be responsible for any claim, error, omission and/or inaccuracy in advertising material. The Company reserves the right to omit, suspend and/or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Website will be subject to the Company’s terms and conditions which are available on request.
  • User agrees to retain the detailed instructions received with the Product safely for future maintenance and upkeep of the Products. User shall also abide by the Maintenance Guidelines available on the Website. Stir Design shall not be liable for defects arising in the Product due to non-adherence of the Maintenance Guidelines by the User.

VII. Product Warranty

  • Stir Design guarantee their products with a one year limited warranty on any manufacturing defect in the Product only. Please contact Stir Design if You have further questions regarding Product warranties. Please note that warranties are not applicable on bulbs/lamp source. Stir Design and its suppliers shall not be liable for any indirect, special, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to goods or services arising out of the use or inability to use this Website or any product purchased from http://stir.lighting, damages resulting from use of or reliance on the information present, even if http://stir.lighting or its suppliers have been advised of the possibility of such damages.
  • The limited warranty of the Product shall in any event be contingent upon the correct storage, installation, application and maintenance of the installed Products. The warranty shall not cover defects arising during unwrapping or as a result of incorrect maintenance, incorrect installation, and incorrect repair by the User or a third party or modifications to the Products made without written approval from Stir Design.
  • The limited warranty does not apply to any acts of nature such as but not limited to damage caused by lightning, electrical supply conditions, including spikes over/under voltage and ripple current control systems that are outside normal operating conditions.
  • All terms, conditions and warranties implied by law, trade use or otherwise (including but not limited to any warranties as to quality or fitness for purpose) are excluded to the extent permitted by law. The Customer, by entering into the contract, acknowledges that the only warranties are those given expressly by Stir Design in these Terms and Conditions.

VIII. Product Installation

User will be provided with an installation manual for most of the products that can be followed step by step by Your electrician for installation of that Product. However, in case a User desires installation, We can send an experienced technician at a cost which will be determined on a case to case basis. You may further check the Website’s offers section for any free installation scheme for Your Product.


IX. Cancellation and Return Policy

  • No Cancellations will be entertained after the order has been placed by the User. If the User has any questions or concerns, please contact Stir Design’s Support Desk.
  • Returns are allowed only on products with manufacturing defects. All Products should be inspected on receipt by the User and any defects shall be reported by the User to Stir Design in writing within 48 hours of receipt of the Product, to be applicable for a return of that Product. Post 48 hours, the Product will not be applicable under the return policy.
  • We reserve the right to determine and confirm such a manufacturing defect in the Product. Post written confirmation of such a manufacturing defect in the Product from Stir Design, User shall be entitled to a refund of that Product, and the same shall be processed within 7-10 working days. User will be credited the refund via the same online mode of payment used for purchasing the Product.

X. Exchange / Replacement Policy

  • If Your item arrives damaged or with missing parts, You must notify Stir Design immediately. The Product has to be checked thoroughly at the time of delivery itself, due to the nature of such Products. Any damages discovered upon inspection of the Product should be disclosed to Stir Design immediately by registering a call on the Company’s Support Desk and the damaged Product should be returned to the deliverer in the packaging as received, for inspection by the insurance company. We might also request that You provide photos of the damaged Product, along with the Product packaging.
  • All our Products have transit insurance. If the Product is damaged, We will arrange a replacement of the Product as soon as possible, depending upon the availability of the Product. In some instances it is possible to repair damages and/or defects with replacement parts. When this is the case, We reserve the right to utilize this as a solution. Please keep in mind that the replacement/exchange option is available only for damage intimation at the time of delivery. Once the Product has been delivered, no claims on transit damage will be accepted.
  • Defective goods (those with manufacturing defects) are handled differently than damaged goods (which are damaged in shipping). In case the Product is found having such defect(s), the User can apply for an exchange/replacement of the defective Product by notifying Stir Design immediately, and, if so requested by Stir Design, return the defective Product to Stir Design. We reserve the right to determine and confirm whether the defect is a manufacturing defect. In case a manufacturing defect is reported post 48 hours of delivery of the Product, We reserve the right to replace/repair full/part of the Product (“Exchange Policy”). We also request that You provide photos of the damaged/defective Product. Further in case the User opts for replacement/exchange of a defective Product, the timeline for the same will be notified to the User as per the availability of the Product.
  • In case any free item delivered to the User is found defective/damaged, then the Company shall arrange the replacement of the free item only and the main Product shall not be replaced, as per the Exchange Policy.
  • In case User decides to get replacement of the Product due to certain defect/damage in transit in the Product as provided above, then Stir Design will arrange pick up of the Product to be exchanged/ replaced. However, User agrees to assist and cooperate to return the Product with all its accessories, freebies, original packing materials and such declaration duly signed by User as may be suggested by Support Desk while registering call for replacement.

XI. Payment Terms

  • User shall be entitled to use his/her valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website. User shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment. User undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit / debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may suffer to User due to furnishing of wrong detail/ information relating to his/her credit / debit and/ or any other payment cards or online banking accounts.

User expressly agrees and declares that the Company shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and/ or incidental to the User arising, directly or indirectly, out of decline of authorization for any transaction, resulting from the User exceeding his/ her preset permissible payment limit under the credit / debit and/ or any other payment cards and/ or online banking accounts.

The Company confirms that the detail provided by User in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement.

Further, the Company actively reports and prosecutes actual and suspected credit/ debit/ cash card fraud. The Company may require further authorization from User such as a telephone confirmation of User’s order and/or other information. The Company’s decision to require further authorization is at the Company’s sole discretion. The Company reserves the right to cancel, delay, refuse to deliver, or recall from the carrier any order if fraud is suspected.

The Company captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit/ debit/ cash card company for fraud investigation. The Company will cooperate with authorities to prosecute offenders to the full extent of the law.

The Company shall take all reasonable precautions to protect the information provided by the User. However, it is expressly provided and accepted by the User that the Company shall not be responsible in any manner whatsoever for any third party action which results in the information provided by the User being exposed and/or misused by such third party who accessed such information without any authorisation from the Company.


XII. Cancellation of Order before Dispatch of Products by the Company

The Company hereby informs User that User’s receipt of an electronic or other form of order confirmation does not signify the Company’s acceptance of User’s order, nor does it constitute confirmation of the Company’s offer to sell. The Company reserves the right at any time after receipt of User’s order to accept or decline User’s order for any reason. The Company further reserves the right any time after receipt of User’s order, after prior notice to User, to supply less than the quantity User ordered of any item. User’s order will be deemed accepted by the Company upon shipment of Products or performance of services that User has ordered as indicated by the Company’s servers. Title to goods and all risk of loss passes to User upon delivery to the common carrier. The Company may require additional verifications or information before accepting any order. Further, the Company shall have the right to refuse or cancel any orders placed for Products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and User’s credit/ debit/ cash card charged. If User’s credit/ debit/ cash card has already been charged for the purchase and User’s order is cancelled, the Company shall immediately issue a credit to User’s credit/ debit/ cash card account for the amount of the charge.


XIII. Delivery

  • The Company shall exercise all possible measures to ensure that any Product booked on the Website is shipped within 4-8 weeks from the date of booking of order on the Website subject to successful realization of payment made against the said order and availability of the Product(s). However, User understands and confirms that the Company shall not be held responsible for any delay in shipment of Product due to circumstances beyond the control of the Company, provided, the Company takes all required and necessary steps to ensure shipment of the Product within above mentioned timelines.
  • We offer FREE SHIPPING, PACKAGING and HANDLING across the entire catalog of Products available on the Stir Design Website at designated pin code areas. We can deliver to any address specified by You as long as it falls under Stir Design’s scope of delivery. In case the pin-code entered by the User, during the checkout process of the Product, falls under an area that requires mandatory entry tax/octroi, then the User will be charged the same by the shipping/courier company that will collect and pay the same on behalf of the User. The User will get a call from shipping/courier company to designate a time and date for delivery of the Product on which the order will be delivered and entry tax/octroi, if applicable, will be collected on submission of the tax receipt by the User.
  • At the moment We do not ship to Users outside of India.
  • In case User books an order of multiple Products in one transaction, the Company would endeavor to ship all Products together. However, this may not always be possible due to Product characteristics and/or logistics issues. If User purchases multiple Products in single transaction, then all the Products would be shipped to a single shipping address given by User. If User wishes to ship Products to different addresses, then User should book separate orders based on delivery addresses.

XIV. Force Majeure

The Company shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.

Explanation: “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfillment of obligation of the Company hereunder.


XV. Warranty Disclaimer

User acknowledges that the Company has no control over, and no duty to take any action regarding which User gain access to the Website and/ or services; what Products, content User accesses and/ or uploads, posts, emails, transmits and/ or otherwise contribute via the Website and/ or services; what effects the Products, content may have on User and/ or any third party; how User may interpret and/or use the Products and/or what actions User may take as a result of having been exposed to the Products and/or content. User releases the Company from all liability for User having acquired or not acquired Products, content through the Website and/ or services. The Website and/ or services may contain, or direct User to sites and/ or services containing, information that some people may find offensive and/or inappropriate. The Company makes no representations concerning any content contained in or accessed through these websites and/ or services, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency, or durability of the products, material contained in, or accessed or purchased through these websites and/ or services. The services, Products, materials, information, content, Website and/ or any software are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement except as provided in the Warranty Terms of the said Products given by respective manufacturer of the said Products. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.

Although the Company has taken adequate safeguard, the Company makes no guaranty of confidentiality and/or privacy of any communication or information transmitted on the Website and/ or for the services and/or any web-site linked to the Website. User’s uses this Website and/ or services at his/ her own risk in accordance with our privacy policy.

Changes are periodically made and added to Website and to the information herein. The Company, its subsidiaries, affiliates, associate companies, consultants, partners and/or its respective suppliers may make improvements and/or changes to this Website at any time.

The Website and/ or services contain views, opinions and recommendations of Users of the Website and/ or Services, advertisers, third party information providers and organizations. The Website does not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability and/or validity of any opinion and/or other information displayed, uploaded, distributed, posted, emailed, transmitted and/ or otherwise contributed through the Website and/ or services by anybody other than the Company.