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OVERVIEW:
These terms and conditions are between www.anilcracker.com and the buyers or users of this website. We recommend all users to read the terms and conditions carefully before using or registering on the website or accessing any material, information or services through the website. Your use of this website or the services provided by the website shall signify your acceptance of the terms and conditions and your agreement to be legally bound by the same.
“We won’t invite any Returns”
Any document produced through this website www.anilcracker.com will be electronic system generated. It means that any document generated as an electronic record as per the information technology ACT of 2000, does not require an electronic or physical signature.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.
A) GENERAL
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
A.1 www.anilcracker.com (“Website”) is an Internet based portal owned and operated by Anil crackers, a company incorporated under the laws of India, with its registered office at Anil crackers, 285/1B8A2, Viswanatham Village, Sathur Main Road, Sivakasi – 626189, Viruridhuhnagar (Dist), Tamil Nadu, INDIA. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, amendments made by Anil Crackers at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
A.2 www.anilcracker.com shall not be required to notify you, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the website at the time of such use. You are requested to regularly visit the home page www.anilcracker.com to view the most current Terms of Use. You can determine when we last modified the Terms of Use by referring to the “Last Updated” legend below. It shall be your responsibility to check these Terms of Use periodically for changes www.anilcracker.com it may require you to provide your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, your continued use of the Website, following changes to the Terms of Use, will constitute your acceptance of those changes.
A.3 By using this website or any facility or service provided by this website in any way or merely browsing the website, you agree that you have read, understood and agreed to be bound by these Terms & Conditions and the website’s Privacy Policy available at the homepage,
A.4 www.anilcracker.com agrees to deliver the merchandise ordered by you only at such locations as per the areas mentioned in the delivery chart. www.anilcracker.com shall not be liable to deliver any merchandise or Services purchased by Users for delivery in locations outside India shall not be entertained.
A5. If any product not available at the time of delivery, we will automatically upgrade your order with some other Related products.
B. COMMUNICATION
B.1 You hereby expressly agree to receive communications by way of SMS, e-mails from www.anilcracker.com relating to services provided through the website www.anilcracker.com
B.2 A User can unsubscribe from receiving communications from
B.3 All notices of www.anilcracker.com will be served by email or by general notification on the website only.
B.4 You cannot assign or otherwise transfer the terms and conditions, or any rights granted here under to any third party. www.anilcracker.com has rights under the Terms and conditions to freely transferable to any third parties without the requirement of seeking your consent.
B.5 If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
C. SERVICES
C.1The Website is a platform that facilitates the online sale and purchase of “Anil brand” crackers and services offered by www.anilcracker.com various affiliate/ registered merchants/ vendors/service providers at a discounted price. The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the Terms of Offer for Sale (“Terms of Offer for Sale”)
D. ELIGILIBITY FOR USE
D.1The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the www.anilcracker.com system by for any reason whatsoever. If you do not conform to the above qualification, you shall not be permitted to avail of the Services or use the Website. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, you may avail the Services provided by www.anilcracker.com through Your legal guardian in accordance with the applicable laws.
D.2 www.anilcracker.com reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
D.3You shall not have more than one active Account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party.
E. USER ACCOUNT, PASSWORD AND SECURITY
E.1 www.anilcracker.com makes the Services available to you through the website only if you have provided www.anilcracker.com certain required User information and created an account (“Account”) through and password or other log-in ID and password, which can include a Facebook, valid email ID. The Services may also be subject to procedures for use of the Website, Terms of Offer for Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms”). If there is any conflict between the Terms and conditions, the Additional Terms shall take precedence in relation to that service.
E.2 The Website requires you to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to immediately notify www.anilcracker.com of any unauthorized use of your Account information or any other breach of security, and ensure that you exit from your account at the end of each session. www.anilcracker.com cannot and will not be liable for any loss or damage arising from your failure. You may be held liable for losses incurred by www.anilcracker.com or any other user of or visitor to the website due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.
E.3 The Website also allows restricted access to the services for unregistered Users.
E.4 You shall ensure that the account information provided by you in the website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
E.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or www.anilcracker.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, www.anilcracker.com has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
F. PRICING INFORMATION
F.1 www.anilcracker.com strives to provide you with the best prices possible on products and services you buy or avail of from the website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer for Sale.
F.2 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, you must use Your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verification or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. www.anilcracker.com expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
F.3 www.anilcracker.com or Anil fireworks shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the pre-set limit mutually agreed by w www.anilcracker.com with our acquiring bank from time to time.
G. USER OBLIGATION:
G.1 Subject to compliance with the Terms of Use, www.anilcracker.com grants you a non-exclusive, limited privilege to access and use this Website and the services provided therein.
G.2 You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by the terms and conditions and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
G.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials that you access on the website.
G.4 You agree not to access the website and the materials or services by any means other than through the interface that is provided by www.anilcracker.com You shall not use any program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website.
G.5 You acknowledge and agree that by accessing or using the website or Services, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. www.anilcracker.com disclaims all liabilities arising in relation to such offensive content on the Website.
G.6 If Website allows you to post and upload any material on the Website, you hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to: Defame, abuse, harass, threaten or otherwise violate the legal rights of others, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer. Engage in any activity that interferes with or disrupts access to the Website or the Services. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of www.anilcracker.com or other third parties.
H. USE OF WEBSITE
H.1 www.anilcracker.com hereby grants you a non-exclusive, freely revocable, non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
H1 a) You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use.
H1 b) You may not modify or alter product catalogues or any other materials available on the Website.
H1 c) You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others.
H1 d) You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
I. INTELLECTUAL PROPERTY RIGHTS
I.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music, artwork and computer code on the website is owned and controlled by www.anilcracker.com and the design, structure, selection, coordination, expression, look and feel and arrangement of such content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
I.2 The trademarks, logos and service marks displayed on the website are the property of www.anilcracker.com or their vendors or respective third parties. You are not permitted to use the marks without the prior consent, the vendor or the third party that may own the marks.
J. DISCLAIMER OF WARRANTY & LIABILITY
J.1 The website www.anilcracker.com, provide services and other materials on an as is basics, that means there shall be no warranties for the following.
J1a) The website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error free
J1b) The result that may be obtained from the use of the website or services or materials will be effective, accurate or reliable.
J1c) The quality of the website or services or materials will meet your expectations.
J1d) We at www.anilcracker.com will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or your account information in connection with the website or its services or materials either with or without your knowledge.
J1e) We will not be responsible for any non-availability of the website during periodic maintenance operation or any unplanned suspension of access to the website that may occur due to technical reasons or for any reasons beyond our control.
K. INDEMNIFICATION AND LIMITATION OF LIABILITY
K.1 You agree to indemnify, defend and hold harmless www.anilcracker.com including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by www.anilcracker.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, you agree to hold www.anilcracker.com or Anil fireworks Park harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Website, any claim that Your material caused damage to a third party, your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
K.2 In no event shall www.anilcracker.com or Anil Fireworks, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not www.anilcracker.com has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
L. VIOLATION OF TERMS AND CONDITIONS
L.1 You agree that www.anilcracker.com may, in its sole discretion and without prior notice, terminate your access to the website and block your future access to the Website if we at www.anilcracker.com determines that You have violated these terms and conditions or additional terms. You also agree that any violation by you of these terms and conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to www.anilcracker.com, for which monetary damages would be inadequate, and you consent to www.anilcracker.com obtaining any disjunctive or equitable relief that www.anilcracker.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies www.anilcracker.com may have at law or in equity.
L.2 You agree that www.anilcracker.com may, in its sole discretion, and without prior notice, terminate or modify or correct or change or remove the information or material of the website or any service offered on or through the website at any time.
L.3 If we at www.anilcracker.com or Anil Fireworks does take any legal action against you as a result of your violation of these terms & Conditions, www.anilcracker.com will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to www.anilcracker.com
M. TERMINATION
M.1 If You want to terminate your agreement with www.anilcracker.com, you may do so by not accessing the website or by closing Your accounts from our website.
M.2 www.anilcracker.com may, at any time, with or without notice, terminate the terms & Conditions (wholly or portion) with you if you breach any of the provisions of the Terms & Conditions, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same.
M.3 www.anilcracker.com may also terminate or suspend all or a portion of your account or access to the services with or without reason. Termination of your account may include the following
M3a) Removal of access to all offerings within the website or with respect to the services.
M3b) Deletion of your materials and account information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your account and
M3c) Barring of further use of the services.
M.4 You agree that all terminations shall be made in www.anilcracker.com sole discretion and that we shall not be liable to you or any third party for any termination of your account or your access to the website and services.
N. GOVERNING LAW
N.1 These terms and conditions and all transactions entered into on or through the website and the relationship between you and www.anilcracker.com shall be governed in accordance with the laws of India without reference to conflict of laws principles.
N.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the website shall be subject to the exclusive jurisdiction of the courts at SIVAKASI, INDIA and you hereby agree to and accept the jurisdiction of such courts.
O. REPORT ABUSE
In the event you come across any abuse or violation of these terms and conditions or if you become aware of any objectionable content on the Website, please report to customercare@anilcracker.com
P. FEEDBACK & INFORMATION
Any feedback you provide to this website shall be deemed to be non-confidential. www.anilcracker.com shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant the following
P.1 Your feedback does not contain confidential or proprietary information of you or of third parties
P.2 www.anilcracker.com is not under any obligation of confidentiality, express or implied, with respect to the feedback.
P.3 You are not entitled to any compensation or reimbursement of any kind from www.anilcracker.com for the feedback under any circumstances.
Q. OFFERS AND DEALS
Q.1 Offers cannot be transferred from one account to another.
Q.2 Coupons cannot be redeemed for cash.
Q.3 The expiration of the offers will depend on the activity it is being credited against.
Q.4 www.anilcracker.com reserves the right to decide/alter/change the expiration period of the activities at any time with or without notice.
Q.5 www.anilcracker.com reserves the right to extend or terminate the validity of offers and deals associated to any activity at any time.
Q.6 www.anilcracker.com has no obligation to compensate the customer after the termination/expiration date of the offers and deals.
Q.7 www.anilcracker.com reserves the right at any time, without notice, to add/alter/change/or vary any or all of these terms and conditions or to replace, wholly or in part, the offers and deals featured on the website or to withdraw it altogether.
Q.8 The use of the offers and deals by the customer for redemption will be deemed to the acceptance of these Terms and Conditions in addition to the rest of the terms and conditions and that the customers understand and agree to be unconditionally bound by the same.
Q.9 www.anilcracker.com reserves the right to disqualify any customers from the benefits mention herein above. In case of any fraudulent activity, prosecution will be carried out against the concerned customer.