Paintkart Terms Conditions
THE AGREEMENT: The use of this website and services on this website provided by Skylon (hereinafter referred to as “Owner”) are subject to the following Terms & Conditions (hereinafter the “Terms of Service”), all parts and sub-parts of which are specifically incorporated by reference here. Following are the Terms of Service governing your use of www.paintkart.com (the “Website”), all pages on the Website and any services provided by or on this Website (“Services”).
By accessing either directly or through a hyperlink, the Website, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the Terms of Service 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 vendors, buyers, customers, merchants, browsers, and/ or contributors of content.
1) DEFINITIONS
The parties referred to in these Terms of Service shall be defined as follows:
a) Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Skylon Chemicals, Owner, Us, We, Our, Ours and other first-person pronouns will refer to the Owner, as well as all employees and affiliates of the Owner.
b) You, the User, the Client: You, as the user of the Website, will be referred to throughout these Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client. For the purpose of these Terms of Service, the term “User” or “you” shall mean any natural or legal person who person is accessing the Website. The term ‘”Your” shall be construed accordingly.
c) Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed these Terms of Service and that You agree to be bound by it. If You do not agree to be bound by these Terms of Service, please leave the Website immediately. The Owner only agrees to provide use of this Website and Services to You if You assent to these Terms of Service. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the Owner.
3) AGE RESTRICTION
4) ABOUT THE SITE
5) LICENSE TO USE WEBSITE
6) INTELLECTUAL PROPERTY
7) USER OBLIGATIONS
8) PAYMENT & FEES
9) ACCEPTABLE USE
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
II) To violate any intellectual property rights of the Owner or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate or discrimination towards any group;
VIII) To unlawfully gather information about others
10) COMMUNICATION
11) AFFILIATE MARKETING & ADVERTISING
12) PRIVACY INFORMATION
A) information we may collect or receive: when you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name or billing information. Depending on how you use our website or services, we may also receive information from external applications you use to access our website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
B) how we use information: we use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
13) SALE OF GOODS/SERVICES
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. Any orders including orders by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address may be subject to the above. We may restrict the sales of products or services to any person, geographic region or jurisdiction at our sole discretion as we may decide on a case-by-case basis.
We further reserve an absolute right to refuse any order placed by any person and to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If we cancel your order, we will contact the e-mail and/or billing address/phone number provided at the time the order was made.
We take care to accurately display the colours and images of our products but, we cannot guarantee that your computer or phone screen’s display of any colour will be accurate. We also do not provide any warranties that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations and standards, or that any errors in the service will be corrected. Prices and descriptions of products are subject to change at any time without notice, at our sole discretion. We may remove or discontinue any products from our site without prior notice. Any offer for any product or service made on this site is void where prohibited.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
14) SHIPPING/DELIVERY/RETURN POLICY
If You are unhappy with anything You have purchased on Our Website, You may do the following:
If the customer has purchased a particular product but the product sent to them is different from the one they have selected and purchased on the website they can mail a picture of the product delivered to them on support@paintkart. Com and if there is found to be a discrepancy the product will be replaced or a refund will be initiated
We will make reimbursements for returns without undue delay, and not later than:
(i) 30 days after the day we received back from you any goods supplied; or
(ii) (if earlier) 30 days after the day you provide evidence that you have returned the goods; or
(iii) if there were no goods supplied, 30 days after the day on which we are informed
about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
15) REVERSE ENGINEERING & SECURITY
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
16) DATA LOSS
17) INDEMNIFICATION
18) SPAM POLICY
You are strictly prohibited from using the website or any of the owner’s services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
19) THIRD-PARTY LINKS & CONTENT
20) MODIFICATION & VARIATION
A) to the extent any part or sub-part of these terms of service is held ineffective or invalid by any court of law, you agree that the prior, effective version of these terms of service shall be considered enforceable and valid to the fullest extent.
B) you agree to routinely monitor these terms of service and refer to the effective date posted at the top of these terms of service to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of these terms of service. You agree that your continued use of the website after any modifications to these terms of service is a manifestation of your continued assent to these terms of service.
C) in the event that you fail to monitor any modifications to or variations of these terms of service, you agree that such failure shall be considered an affirmative waiver of your right to review the modified agreement.
21) ENTIRE AGREEMENT
22) SERVICE INTERRUPTIONS
23) TERM, TERMINATION & SUSPENSION
24) NO WARRANTIES
All information, software, products, services and related graphics are provided on this site is “as is” and “as available” basis with without warranty of any kind, either expressed or implied. The website disclaims all warranties, expressed or implied including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage, or trade practice. The company makes no representation about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services.
The website makes no warranty that the use of the website will be uninterrupted, timely, secure, without defect or error-free. You expressly agree that use of the site is at your own risk. The website shall not be responsible for any content found on the website.
Your use of any information or materials on this site or otherwise obtained through use of this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
The website assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions, or advice in any material contained on the website. Any information from third parties or advertisers is made available without making any changes and so the website cannot guarantee accuracy and is not liable for any inconsistencies arising thereof. All postings, messages, advertisements, photos, sounds, images, text, files, video, or other materials posted on, transmitted through, or linked from the website, are solely the responsibility of the person from whom such content originated, and the website does not control and is not responsible for content available on the website.
There may be instances when incorrect information is published inadvertently on our website or in the service such as typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any errors, inaccuracies, or omissions may be corrected at our discretion at any time, and we may change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.
You agree and understand that while the website has made reasonable efforts to safeguard the website, it cannot and does not ensure or make any representations that the website or any of the information provided by you cannot be hacked by any unauthorised third parties. You specifically agree that the website shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the website.
You hereby agree and confirm that the website shall not be held liable or responsible in any manner whatsoever for such hacking or any loss or damages suffered by you due to unauthorized access of the website by third parties or for any such use of the information provided by you or any spam messages or information that you may receive from any such unauthorised third party (including those which are although sent representing the name of the website but have not been authorized by the website) which is in violation or contravention of this terms of service or the privacy policy.
You specifically agree that the website is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the website is not responsible for any content sent using and/or included on the website by any third party.
The website has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure, or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority.
You will be solely responsible for any damage to your computer system or loss of data that results from the download of any information and/or material. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
In no event shall the website be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or to deliver the products or for any information, software, products, services and related graphics obtained through the site, or any interaction between you and other participants of the website or otherwise arising out of the use of the website, damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the website or any of its affiliates/suppliers has been advised of the possibility of damages. If despite the limitation above, the company is found liable for any loss or damage which arises out of or in any way connected with the use of the website and/ or provision of services, then the liability of the company will in no event exceed, 50% (fifty percent) of the amount you paid to the company in connection with such transaction(s) on this website.
You accept all responsibility for and hereby agree to indemnify and hold harmless the company from and against, any actions taken by you or by any person authorized to use your account, including without limitation, disclosure of passwords to third parties. By using the website, you agree to defend, indemnify, and hold harmless the indemnified parties from any and all liability regarding your use of the site or participation in any site’s activities. If you are dissatisfied with the website, or the services or any portion thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.
25) LIMITATION ON LIABILITY
26) GENERAL PROVISIONS:
B) jurisdiction, venue & governing law: through your use of the website or services, you agree that the laws of india shall govern any matter or dispute relating to or arising out of these terms of service, as well as any dispute of any kind that may arise between you and the owner, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these terms of service is initiated, the parties agree to submit to the exclusive jurisdiction of the courts at mumbai maharashtra, india. The parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
C) assignment: this agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should these terms of service, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the owner, the rights and liabilities of the owner will bind and inure to any assignees, administrators, successors and executors.
D) severability: if any part or sub-part of these terms of service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such condition, the remainder of these terms of service shall continue in full force.
E) no waiver: in the event that we fail to enforce any provision of these terms of service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these terms of service will not constitute a waiver of any other part or sub-part.
F) headings for convenience only: headings of parts and sub-parts under these terms of service are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these terms of service.
G) no agency, partnership or joint venture: no agency, partnership, or joint venture has been created between the parties as a result of these terms of service. No party has any authority to bind the other to third parties.
H) force majeure: the owner is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of god, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
I) electronic communications permitted: electronic communications are permitted to both parties under these terms of service, including e-mail or fax. For any questions or concerns, please email us at the following address: support@paintkart. Com