| Terms
and Conditions |
Welcome
to the Pagrihouse.com Shopping service
provided by Sudarshan Traders Chandigarh.
The terms and conditions contained herein
along with the Privacy Policy form an
Agreement regulating our relationship
with regard to the use of Pagrihouse.com
Shopping by you. You are advised to read
this Agreement carefully. If you are not
agreeable to any terms and conditions,
you should not use this service. You can
use the Pagrihouse.com Shopping Services
if you are agreeable to all the terms
and conditions of this Agreement in their
entirety. If you accept this agreement,
it will be a legally binding agreement
between you and Sudarshan Traders Chandigarh.
(Pagrihouse.com Shopping).
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| Applicable
Law |
This site
is created and controlled by Pagrihouse.com
in Chandigarh India; as such the laws of
India shall apply; courts in Chandigarh
shall have jurisdiction in respect of all
the terms, conditions and disclaimers. Pagrihouse.com
reserves the right to make changes to the
site and the terms, conditions and disclaimers.
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| Definitions:
|
"Agreement"
means the terms and conditions as detailed
herein including all schedules, appendices,
annexure, Privacy Policy, and will include
the references to this Agreement as amended,
notated, supplemented, varied or replaced
from time to time."
"Pagrihouse.com Shopping"/ "Site"
means the online shopping platform owned
and operated by Sudarshan Traders Chandigarh.
("Pagrihouse.com"), which provides
a venue to the users of Pagrihouse.com
to buy the products listed on Pagrihouse.com
Shopping.
"Vendor"/"Seller"
shall mean the person or any legal entity
who offers for sale, sells the products
on Pagrihouse.com Shopping.
"Customer" / "Buyer"
shall mean the person or any legal entity
who accepts the offer for sale on Pagrihouse.com
Shopping by placing an order for and or
purchases any products offered for sale
on Pagrihouse.com Shopping.
"User"/ "You" means
and includes you and/or any person or
an entity including Vendor/Seller using
or accessing the services provided on
this Site.
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| Eligibility:
|
You represent
and warrant that you are competent and eligible
to enter into legally binding agreement
and have the requisite authority to bind
the other party to this Agreement. You shall
not use this Site if you are not competent
to contract under the applicable laws, rules
and regulations. |
| Term
of Agreement/Service: |
This Agreement
shall continue to be in full force and effect
for so long as you are using the Pagrihouse.com
Shopping services. Pagrihouse.com provides
the online shopping platform wherein the
Users can purchase/buy the products listed
on Pagrihouse.com Shopping (the "Services")
pursuant to the terms and conditions set
forth below. By clicking on the [Close]
button, you are agreeing to use the Services
in a manner consistent with and abide by
the terms and conditions of this Agreement,
our Privacy Policy, and with all applicable
laws and regulations. Either you or Pagrihouse.com
may terminate the service at any time, with
or without cause. However, Pagrihouse.com
reserves the right, in its sole discretion,
to terminate your access to the Pagrihouse.com
Shopping services and the related services
or any portion thereof at any time, without
notice. The provisions of Sections 13,14,15,16
and 18 shall survive any such termination.
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| Modification
of Terms and conditions of Service: |
Pagrihouse.com
may at any time modify the terms and conditions
("Terms") of the Service without
any prior notification to you. You can access
the latest version of the Terms at any given
time. You should regularly review the Terms.
In the event the modified Terms are not
acceptable to you, you should discontinue
using the service. However, if you continue
to use the service you agree to accept and
abide by the modified Terms. |
| Registration
Data: |
| To avail
of and use the Services you will have to
register with Pagrihouse.com Shopping. As
a part of registration process you agree
to provide Pagrihouse.com Shopping current,
complete, and accurate registration information
(the "Registration Data") as prompted
to do by the Service and to maintain and
update this information as required to keep
it current, complete and accurate.
If you provide any information that is
untrue, inaccurate not current or incomplete
or Pagrihouse.com has reasonable grounds
to suspect that such information is untrue,
inaccurate, not current or incomplete,
Pagrihouse.com has the right to indefinitely
suspend or terminate your membership and
refuse to provide you with access to Pagrihouse.com
Shopping.
You shall be responsible for maintaining
the confidentiality of your password,
which you will not be under an obligation
to reveal to any representative or agent
of Pagrihouse.com.
You agree and understand that Pagrihouse.com
Shopping service is advertising supported
and you grant Pagrihouse.com the right to
disclose the aggregate Registration Data
to third parties in connection with marketing
the Services. Furthermore, you agree and
grant Pagrihouse.com the right to use your
individual Registration Data to provide
targeting of advertisements and other Service
offers.
You shall notify amandeep.singh@pagrihouse.com
of any known or suspected
unauthorized use(s) of your account, or
any known or suspected breach of security,
including loss, theft, or unauthorized
disclosure of your password.
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| Electronic
Communication: |
Users consents
to receive communications from Pagrihouse.com
electronically. Pagrihouse.com will communicate
with Users by email or by posting notices
on the Site |
| Online
Shopping Platform : |
| You agree,
understand and acknowledge that Pagrihouse.com
Shopping is an online shopping platform,
a venue enabling the users to buy any product
listed on Pagrihouse.com Shopping at the
price indicated on the terms and conditions
indicated therein at any time from any place.
You further agree and acknowledge that Pagrihouse.com
Shopping is not involved in any sale and
purchase of goods/products listed on this
Site. Pagrihouse.com Shopping is only a
facilitator, an intermediary and is not
and cannot be a party to or control in any
manner any transactions between the Vendor/Seller
and the Customer/Buyer. Pagrihouse.com Shopping
shall neither be responsible nor liable
to mediate or resolve any disputes or disagreements
between the Users.
Pagrihouse.com Shopping shall neither
be liable nor responsible for any actions
or inactions of Vendors and/or Sellers
or any breach of conditions, representations
or warranties by the Vendor or manufacturer
of the products.
Pagrihouse.com Shopping does not sell
or retail any products and does not ensure
that the Users shall perform their obligations
in respect of the transaction concluded
on this Site and further expressly disclaims
any warranties or representations express
or implied in respect of quality, safety,
merchantability, fitness for a particular
purpose, or legality of the products listed
and transacted on Pagrihouse.com Shopping.
You further agree and undertake that
you are accessing the services available
on this Site and transacting at your sole
risk and are using your best and prudent
judgment before entering into any transaction
through this Site.
The Site is a channel of communication
whereby the Users can reach a larger base
to buy and sell items or services. Pagrihouse.com
Shopping is only providing a platform
for communication and it is agreed that
the contract for sale of any of the products
or services shall be a strictly bipartite
contract between the Seller and the Buyer.
At no time shall any right, title or interest
over the items vest with Pagrihouse.com
Shopping nor shall Pagrihouse.com Shopping
have any obligations or liabilities in
respect of such contract. Pagrihouse.com
Shopping is not responsible for unsatisfactory
or delayed performance of services or
damages or delays as a result of items,
which are out of stock, back ordered,
returned undelivered or otherwise unavailable.
All items are offered only for a restricted
time and only for the available supply/till
stock lasts.
Pagrihouse.com Shopping accepts no liability
for any errors or omissions, whether on
behalf of itself or third parties.
Pagrihouse.com Shopping is not responsible
and shall not be responsible for any non-performance
or breach of any contract entered into
between Users.
All orders shall be pre-approved with
an acceptable method of payment as established
by Pagrihouse.com Shopping which may call
for and require additional verification
or information.
The address at which delivery of the
product ordered by you are to be made
should be correct and proper in all respects.
After the receipt of payment from the
Buyer, the pagrihouse.com shall arrange
for the delivery of the product to the
buyer at the shipping address provided
by the Buyer.
Any and all orders placed by you on this
Site are a firm commitment to purchase
and you are obligated to complete the
transaction and not contest it in anyway.
Before placing an order you are advised
to check the product description carefully.
By placing an order for a product you
agree to be bound by the conditions of
sale included in the item's description.
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| Credit
card details |
You agree
understand and confirm that the credit
card details provided by you for availing
of services on Pagrihouse.com Shopping
will be correct and accurate and you shall
not use the credit card which is not lawfully
owned by you. You further agree and undertake
to provide the correct and valid credit
card details to Pagrihouse.com Shopping.
Further the said information will be not
be utilized and shared by Pagrihouse.com
Shopping with any of the third parties
unless required by law, regulation or
court order.
Confirmation:
You understand, declare and agree that:
- Pagrihouse.com Shopping shall not
and is not required to mediate or resolve
any dispute or disagreement between
you and the Seller.
- You release and indemnify Pagrihouse.com
Shopping and/or any of its officers
and representatives from any cost, damage,
liability or other consequence of any
of the actions of the Users of the Site
and specifically waive any claims that
you may have in this behalf under any
applicable law. Notwithstanding its
reasonable efforts in that behalf, Pagrihouse.com
Shopping cannot control the information
provided by other Users which is made
available on the Site
- Seller shall be responsible to deliver
the items to the Buyer within the time
period specified for delivery by the
Vendor.
- Seller shall be solely responsible
for any undelivered or damaged items.
- Seller shall be solely responsible
to make good the loss or damage or any
claim raised by the Buyer in respect
of damaged or non-receipt of items.
- Seller shall be responsible to deliver
the products/items of the same quantity
and same qualities as are listed on
the Pagrihouse.com Shopping and that
such products shall correspond with
the description of the items listed
on Pagrihouse.com Shopping. You further
agree and acknowledge that Pagrihouse.com
shall not be liable if the description
of goods supplied by the Seller do not
match/correspond with the description
provided at the time of placing of order
by the Buyer.
- Seller shall invoice / bill directly
to the Buyer.
- Complete product responsibility and
liability solely vest with Seller and
Seller is responsible to the Buyer for
the sale of the Product to Buyer including
but not limited to the delivery of the
item/product to the Buyer. Neither Customer
nor Seller shall raise any claim on
Pagrihouse.com Shopping in this regard.
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Suspension
due to non-compliance with Agreement: |
Notwithstanding
other legal remedies that may be available
to Pagrihouse.com Shopping, Pagrihouse.com
Shopping may in its sole discretion limit
User activity by immediately removing
User listing either temporarily or indefinitely
or suspend or terminate User membership,
and/or refuse to provide User with access
to the Site:
- If the User is in breach any of the
terms and conditions of this Agreement
and/or the Terms and conditions of usage
of Pagrihouse.com Shopping;
- If the User has provided wrong, inaccurate,
incomplete or incorrect information;
- If your actions may cause any harm,
damage or loss to the other Users or
Pagrihouse.com Shopping.
Illegal and/or unauthorized use of the
Service, including unauthorized framing
of or linking to the Pagrihouse.com Site
will be investigated, and appropriate
legal action will be taken, including
without limitation, civil, criminal and
injunctive redress.
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| Indemnity:
|
User agrees
to defend, indemnify and hold harmless Pagrihouse.com
Shopping, Pagrihouse.com, its employees,
directors, officers, agents and their successors
and assigns from and against any and all
claims, liabilities, damages, losses, costs
and expenses, including attorney's fees,
caused by or arising out of claims based
upon the use of User's actions or inactions,
including but not limited to any warranties,
representations or undertakings or in relation
to the non-fulfillment of any of its obligations
under this Agreement or arising out of the
User's infringement of any applicable laws,
regulations including but not limited to
Intellectual Property Rights, payment of
statutory dues and taxes, claim of libel,
defamation, violation of rights of privacy
or publicity, loss of service by other subscribers
and infringement of intellectual property
or other rights.
This clause shall survive the expiry or
termination of this Agreement. |
| Limitation
of Liability |
| PAGRIHOUSE.COM
HAS MADE THIS SERVICE AVAILABLE TO USE AS
A MATTER OF CONVENIENCE. PAGRIHOUSE.COM
EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY
ARISING OUT OF UPLOADING OF ANY OBSCENE,
VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH
OR A PICTURE OR ALTERING OR DISTORTING THE
IMAGES AVAILABLE UNDER THIS SERVICE IN AN
OBSCENE, VULGAR OR PORNOGRAPHIC MANNER.
USER AGREES AND ACKNOWLEDGES THAT USER SHALL
BE SOLELY RESPONSIBLE FOR USER'S CONDUCT
AND THAT PAGRIHOUSE.COM RESERVES THE RIGHT
TO TERMINATE YOUR RIGHTS TO USE THE SERVICE
IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS
UNDER THE INDIAN CYBER LAWS OR ANY OTHER
ALLIED LAWS ENACTED BY THE GOVERNMENT OF
INDIA OR ANY OTHER STATUTORY, LEGISLATIVE
OR REGULATORY AUTHORITY AUTHORIZED IN THIS
REGARD FROM TIME TO TIME.
IN NO EVENT SHALL PAGRIHOUSE.COM BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR
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 PAGRIHOUSE.COM SITES/SERVICES FOR
INTERRUPTED COMMUNICATIONS, DELAY, LOST
DATA OR LOST PROFITS ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT, EVEN
IF PAGRIHOUSE.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES, OR INABILITY
TO USE THE PAGRIHOUSE.COM SITES/SERVICES
OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH
THE PAGRIHOUSE.COM SITES/SERVICES, OR
OTHERWISE ARISING OUT OF THE USE OF THE
PAGRIHOUSE.COM SITES/SERVICES, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF PAGRIHOUSE.COM
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. PAGRIHOUSE.COM
DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/
CONTENTS OF ADVERTISERS ON ITS WEBPAGES.
THE CLAUSE SHALL SURVIVE THE TERMINATION
OR EXPIRY OF THIS AGREEMENT.
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| Privacy
Policy |
| Use of this
site is subject to our Privacy Policy Pagrihouse.com
Shopping respects your privacy. Pagrihouse.com
Shopping will not intentionally monitor
or disclose any private messages or address
information unless required by law, regulation
or court order. You agree to respect the
privacy and confidentiality of others.
We reserve the right to change or update
these policies at any time upon reasonable
notice, effective immediately upon posting
to this site.
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| Disclaimer
|
The information
about the products published on Pagrihouse.com
Shopping site are provided by Pagrihouse.com
on the basis of the information received
from the product manufacturers and vendors
and are on an "as is where is"
basis. Pagrihouse.com makes no representations
or warranties of any kind, express or
implied, as to the operation of the site,
the information, content, materials or
products, included on this site. To the
full extent permissible by applicable
law, Pagrihouse.com disclaims all warranties,
express or implied, including but not
limited to, implied warranties of merchantability
and fitness for a particular purpose.
Pagrihouse.com will not be liable for
any damages of any kind arising from the
use of this site or any of the products
offered, including but not limited to
direct, indirect, incidental, punitive
and consequential damages. Pagrihouse.com
only facilitates the sale of products
between the Vendor and the buyer and does
not directly or indirectly sell or retail
any products.
PAGRIHOUSE.COM EXPRESSLY DISCLAIMS ANY
WARRANTIES WHETHER EXPRESS OR IMPLIED
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, QUALITY, CONITUNITY, PERFORMANCE,
LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS
AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED WITHIN THE PAGRIHOUSE.COM SITES/SERVICES
FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. PAGRIHOUSE.COM
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS SERVICE, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, TITLE AND
NON-INFRINGEMENT.
USER SPECIFICALLY AGREES THAT PAGRIHOUSE.COM
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 AN PAGRIHOUSE.COM
SITE/SERVICE. USERS SPECIFICALLY AGREE
THAT PAGRIHOUSE.COM 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.
USERS SPECIFICALLY AGREE THAT PAGRIHOUSE.COM
IS NOT RESPONSIBLE FOR ANY CONTENT SENT
USING AND/OR INCLUDED IN AN PAGRIHOUSE.COM
SITE/SERVICE BY ANY THIRD PARTY.
ADVICE RECEIVED VIA THE PAGRIHOUSE.COM
SITES/SERVICES SHOULD NOT BE RELIED UPON
FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
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| Entire
Agreement |
If any
part of this agreement is determined to
be invalid or unenforceable pursuant to
applicable law including, but not limited
to, the warranty disclaimers and liability
limitations set forth above, then the
invalid or unenforceable provision will
be deemed to be superseded by a valid,
enforceable provision that most closely
matches the intent of the original provision
and the remainder of the agreement shall
continue in effect. Unless otherwise specified
herein, this agreement constitutes the
entire agreement between the user and
Pagrihouse.com with respect to the Pagrihouse.com
sites/services and it supersedes all prior
or contemporaneous communications and
proposals, whether electronic, oral or
written, between the user and Pagrihouse.com
with respect to the Pagrihouse.com sites/services.
Pagrihouse.com’s failure to act
with respect to a breach by you or others
does not waive its right to act with respect
to subsequent or similar breaches
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| Governing
Law and Jurisdiction |
| This agreement
is governed and construed in accordance
with the Laws of Union of India. You hereby
irrevocably consent to the exclusive jurisdiction
and venue of courts in Chandigarh, , India,
in all disputes arising out of or relating
to the use of the Pagrihouse.com sites/services.
Use of the Pagrihouse.com sites/services
is unauthorized in any jurisdiction that
does not give effect to all provisions of
these terms and conditions, including without
limitation this paragraph. You agree to
indemnify and hold Pagrihouse.com, its subsidiaries,
affiliates, directors, officers and employees,
harmless from any claim, demand, or damage,
including reasonable attorneys' fees, asserted
by any third party due to or arising out
of your use of or conduct on the Pagrihouse.com
sites/services.
Pagrihouse.com’s performance of
this agreement is subject to existing
laws and legal process, and nothing contained
in this agreement is in derogation of
Pagrihouse.com’s right to comply
with governmental, court and law enforcement
requests or requirements relating to your
use of the Pagrihouse.com sites/services
or information provided to or gathered
by Pagrihouse.com with respect to such
use.
Copyright © 2007 Sudarshan traders.
All Rights Reserved.
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