Welcome to
the www.fotocentreindia.com. In using the fotocentreindia.com service,
of Fotocentre Trading Pvt. Ltd. you are deemed to have accepted the terms and
conditions listed below.
All products/services and information displayed on fotocentreindia.com (“Site”
) constitute an "invitation to offer". Your order for purchase
constitutes your "offer" which shall be subject to the terms and
conditions as listed below. Fotocentreindia.com reserves the right to
accept or reject your offer. If you have supplied us with your email address,
we will notify you by email as soon as possible to confirm receipt of your
order and email you again to confirm details and therefore process the order. Our
acceptance of your order will take place upon dispatch of the product(s)
ordered. No act or omission of fotocentreindia.com prior to the
actual dispatch of the product (s) ordered will constitute acceptance of your
offer.
Use of the Site is
available only to persons who can form legally binding contracts under
applicable law. Persons who are "incompetent to contract" within the
meaning of the Indian Contract Act, 1872 including un-discharged insolvents
etc. are not eligible to use the Site. If you are a minor i.e. under the age of
18 years but at least 13 years of age you may use this Site only under the
supervision of a parent or legal guardian who agrees to be bound by these Terms
of Use. If your age is below that of 18 years your parents or legal guardians
can transact on behalf of you if they are registered users. You are prohibited
from purchasing any material which is for adult consumption the sale or
purchase of which to/by minors are strictly prohibited. Fotocentreindia.com reserves
the right to terminate your membership and refuse to provide you with access to
the Site if fotocentreindia.com discovers that you are
under the age of 18 years. The Site is not available to persons whose
membership has been suspended or terminated by fotocentreindia.com for
any reason whatsoever. If you are registering as a business entity, you
represent that you have the authority to bind the entity to this User
Agreement. Unless otherwise specified, the materials on this website are
directed solely at those who access this website from India. Fotocentreindia.com makes
no representation that any products or services referred to in the materials on
this website are appropriate for use, or available outside India. Those who
choose to access this Site from outside India are responsible for compliance
with local laws if and to the extent local laws are applicable. fotocentreindia.com will
deliver the products only within India and will not be liable for any claims
relating to any products ordered from outside India.
Except where
additional terms and conditions are provided which are product specific, these
terms and conditions supersede all previous representations, understandings, or
agreements and shall prevail notwithstanding any variance with any other terms
of any order submitted. By using the services of fotocentreindia.com you
agree to be bound by the Terms and Conditions.
Account &
Registration:-
"Your
Information" is defined as any information you provide to us in the
registration, buying or listing process, in the feedback area or through any
e-mail feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for
maintaining the confidentiality of your account and Password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or Password. Fotocentreindia.com shall
not be liable to any person for any loss or damage which may arise as a result
of any failure by you to protect your password or account. If you know or
suspect that someone else knows your password you should notify us by
contacting us immediately through the address provided below. If fotocentreindia.com has
reason to believe that there is likely to be a breach of security or misuse of
the fotocentreindia.com Site, we may require you to change your
password or we may suspend your account without any liability to fotocentreindia.com.
You also agree to:
Pricing:-
While fotocentreindia.com
strives to provide accurate product and pricing information, pricing or
typographical errors may occur. fotocentreindia.com cannot confirm
the price of a product until after you order. In the event that a product is
listed at an incorrect price or with incorrect information due to an error in
pricing or product information, fotocentreindia.com shall have the
right, at our sole discretion, to refuse or cancel any orders placed for that
product, unless the product has already been dispatched. In the event that an
item is mis-priced, fotocentreindia.com may, at its discretion,
either contact you for instructions or cancel your order and notify you of such
cancellation. Unless the product ordered by you has been dispatched, your offer
will not be deemed accepted and fotocentreindia.com will have the
right to modify the price of the product and contact you for further
instructions using the e-mail address provided by you during the time of
registration, or cancel the order and notify you of such cancellation. In the
event that fotocentreindia.com accepts your order the same shall be
debited to your credit card account and duly notified to you by email that the
payment has been processed. The payment may be processed prior to fotocentreindia.com dispatch
of the product that you have ordered. If we have to cancel the order after we
have processed the payment, the said amount will be reversed back to your
credit card / bank account.
We strive to provide
you with the lowest prices possible on fotocentreindia.com as well as
in all our group stores under the corporate entity -Fotocentre Trading Pvt.
Ltd. Group. However, sometimes a price online does not match the price in a
store. In our effort to be the lowest price provider in your particular
geographic region, store pricing will sometimes differ from online prices.
Prices and availability are subject to change without notice.
Cancellation By
Fotocentre :-
Please note that there
may be certain orders that we are unable to accept and must cancel. We reserve
the right, at our sole discretion, to refuse or cancel any order for any
reason. Some situations that may result in your order being canceled include
limitations on quantities available for purchase, inaccuracies or errors in
product or pricing information, or problems identified by our credit and fraud
avoidance department. We may also require additional verifications or information
before accepting any order. We will contact you if all or any portion of your
order is canceled or if additional information is required to accept your
order. If your order is cancelled after your credit card has been charged, the
said amount will be reversed back in your Card Account / bank account.
Cancellation /
Refund:-
In case we receive a
cancellation notice and the order has not been processed/approved by us, we
shall cancel the order and refund the entire amount. On cancellation of an order
after it has been processed/approved by fotocentreindia.com ,
the cancellation charges will become applicable @ flat rate of 5% of the order
value. fotocentreindia.com has the full right to decide whether an
order has been processed or not. The customer agrees not to dispute the
decision made by fotocentreindia.com and accept fotocentreindia.com decision
regarding the cancellation. Products once dispatched cannot be returned.
Nothing herein will prevent you from returning the product pursuant to rights available
to you under applicable law.
Third Party Products:-
PLEASE NOTE: Along
with the other terms and conditions these additional terms are applicable in
case you have bought any products not manufactured by fotocentreindia.com. In
other words these additional terms and conditions are applicable in case you
buy products sold on fotocentreindia.com by third party vendors.
You understand and
agree that there may be certain products, which will be sold on the Site by
third party vendors (“Vendors”). fotocentreindia.com may not be able
to control the transactions or the acts and omissions of the Vendors in such
transactions. When you buy such products from Vendors on the Site the following
additional terms and conditions will become applicable:
Fotocentreindia.com is
not responsible for any non-performance or breach of any contract entered into
between you and the Vendor. Fotocentreindia.com cannot and does not
guarantee that the Vendors will perform any transaction concluded on the
Site.
Fotocentreindia.com
does not make any representation or warranty as to the attributes (such as
quality, worth, marketability etc.) of the items or services proposed to be
sold on the Site by the Vendor. In particular, fotocentreindia.com does
not implicitly or explicitly support or endorse the sale of any items or
services on the Site. fotocentreindia.com accepts no liability for
any errors or omissions, whether on behalf of itself or third parties.
You release and
indemnify fotocentreindia.com and/or any of its officers and representatives
from any cost, damage, liability or other consequence of any of the actions of
the Vendors on 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, fotocentreindia.com cannot control the information
provided by other Vendors, which is made available on the Site. You may find
other Vendor’s information to be offensive, harmful, inaccurate, or deceptive.
Please use caution, common sense, and practice safe trading when using the
Site. Please note that there are also risks of dealing with foreign nationals,
underage persons or people acting under false pretense.
All other terms and
conditions of this User Agreement are applicable to such transactions.
Credit Card Details:-
You agree, understand
and confirm that the credit card details provided by you for availing of
services on fotocentreindia.com will be correct and accurate and you
shall not use the credit card which is not lawfully owned by you. I.e. in a
credit card transaction, you must use your own credit card. You further agree
and undertake to provide the correct and valid credit card details to fotocentreindia.com.
Further the said information will not be utilized and shared by fotocentreindia.com with
any of the third parties unless required by law, regulation or court
order. Fotocentreindia.com will not be liable for any credit card
fraud. The liability for use of a card fraudulently will be on you and the onus
to 'prove otherwise' shall be exclusively on you.
Fraudulent /Declined Transactions:-
Fotocentreindia.com reserves
the right to recover the cost of goods, collection charges and lawyers fees
from persons using the Site fraudulently. Fotocentreindia.com reserves
the right to initiate legal proceedings against such persons for fraudulent use
of the Site and any other unlawful acts or acts or omissions in breach of these
terms and conditions.
Electronic Communications:-
When you visit the
Site or send emails to us, you are communicating with us electronically. You
consent to receive communications from us electronically. We will communicate
with you by email or by posting notices on the Site. You agree that all
agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in
writing.
You Agree and Confirm
You may not use the
Site for any of the following purposes:
Colors:-
We have made every
effort to display the colors of our products that appear on the Site as
accurately as possible. However, as the actual colors you see will depend on
your monitor, we cannot guarantee that your monitor's display of any color will
be accurate.
Modification of Terms &
conditions:-
fotocentreindia.com may
at any time modify the User Agreement without any prior notification to you.
Subsequent to any modification of the User Agreement, we will inform you of the
modifications in the User Agreement via e-mail at the address provided by you
while registering on fotocentreindia.com. You can access the latest
version of the User Agreement at any given time on fotocentreindia.com.
You should regularly review the User Agreement on fotocentreindia.com. In
the event the modified User Agreement is not acceptable to you, you should
discontinue using the service. However, if you continue to use the service you
shall be deemed to have agreed to accept and abide by the modified User
Agreement.
Governing Law & Jurisdiction:-
This User Agreement
shall be construed in accordance with the applicable laws of India. The Courts
at Mumbai shall have exclusive jurisdiction in any proceedings arising out of
this agreement.
Any dispute or
difference either in interpretation or otherwise, of any terms of this User
Agreement between the parties hereto, the same shall be referred to an
independent arbitrator who will be appointed by Fotocentre Trading Pvt. Ltd.
and his decision shall be final and binding on the parties hereto. The above
arbitration shall be in accordance with the Arbitration and Conciliation Act,
1996 as amended from time to time. The arbitration shall be held in Mumbai. The
High Court of judicature at Mumbai alone shall have the jurisdiction and the
Laws of India shall apply.
Reviews, Feedback, Submissions:-
All reviews, comments,
feedback, postcards, suggestions, ideas, and other submissions disclosed,
submitted or offered to fotocentreindia.com on or by this Site or
otherwise disclosed, submitted or offered in connection with your use of this
Site (collectively, the "Comments") shall be and remain fotocentreindia.com property.
Such disclosure, submission or offer of any Comments shall constitute an
assignment to fotocentreindia.com of all worldwide rights, titles and
interests in all copyrights and other intellectual properties in the Comments.
Thus, fotocentreindia.com owns exclusively all such rights, titles
and interests and shall not be limited in any way in its use, commercial or
otherwise, of any Comments. Fotocentreindia.com will be entitled to
use, reproduce, disclose, modify, adapt, create derivative works from, publish,
display and distribute any Comments you submit for any purpose whatsoever,
without restriction and without compensating you in any way. Fotocentreindia.com is
and shall be under no obligation (1) to maintain any Comments in confidence;
(2) to pay you any compensation for any Comments; or (3) to respond to any
Comments. You agree that any Comments submitted by you to the Site will not
violate this policy or any right of any third party, including copyright,
trademark, privacy or other personal or proprietary right(s), and will not
cause injury to any person or entity. You further agree that no Comments
submitted by you to the Site will be or contain libelous or otherwise unlawful,
threatening, abusive or obscene material, or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings or
any form of "spam".
Fotocentreindia.com does
not regularly review posted Comments, but does reserve the right (but not the
obligation) to monitor and edit or remove any Comments submitted to the Site.
You grant fotocentreindia.com the right to use the name that you
submit in connection with any Comments. You agree not to use a false email
address, impersonate any person or entity, or otherwise mislead as to the
origin of any Comments you submit. You are and shall remain solely responsible
for the content of any Comments you make and you agree to indemnify fotocentreindia.com and
its affiliates for all claims resulting from any Comments you submit. Fotocentreindia.com and
its affiliates take no responsibility and assume no liability for any Comments
submitted by you or any third party.
Fotocentreindia.com
and its suppliers and licensors expressly reserve all intellectual property
rights in all text, programs, products, processes, technology, content and
other materials, which appear on this Site. Access to this Site does not confer
and shall not be considered as conferring upon anyone any license under any
of fotocentreindia.com or any third party's intellectual property
rights. All rights, including copyright, in this website are owned by or
licensed to fotocentreindia.com. Any use of this website or its contents,
including copying or storing it or them in whole or part, other than for your
own personal, non-commercial use is prohibited without the permission of fotocentreindia.com.
You may not modify, distribute or re-post anything on this website for any
purpose.
The fotocentreindia.com names
and logos and all related product and service names, design marks and slogans
are the trademarks or service marks of Fotocentre Trading Pvt. Ltd.. All other
marks are the property of their respective companies. No trademark or service
mark license is granted in connection with the materials contained on this
Site. Access to this Site does not authorize anyone to use any name, logo or
mark in any manner.
References on this
Site to any names, marks, products or services of third parties or hypertext
links to third party sites or information are provided solely as a convenience
to you and do not in any way constitute or imply fotocentreindia.com endorsement,
sponsorship or recommendation of the third party, information, product or
service.
Fotocentreindia.com is
not responsible for the content of any third party sites and does not make any
representations regarding the content or accuracy of material on such sites. If
you decide to link to any such third party websites, you do so entirely at your
own risk.
All materials,
including images, text, illustrations, designs, icons, photographs, programs,
music clips or downloads, video clips and written and other materials that are
part of this Site (collectively, the "Contents") are intended solely
for personal, non-commercial use. You may download or copy the Contents and
other downloadable materials displayed on the Site for your personal use only.
No right, title or interest in any downloaded materials or software is
transferred to you as a result of any such downloading or copying. You may not
reproduce (except as noted above), publish, transmit, distribute, display,
modify, create derivative works from, sell or participate in any sale of or
exploit in any way, in whole or in part, any of the Contents, the Site or any
related software. All software used on this Site is the property of fotocentreindia.com or
its suppliers and protected by Indian and international copyright laws. The
Contents and software on this Site may be used only as a shopping resource. Any
other use, including the reproduction, modification, distribution,
transmission, republication, display, or performance, of the Contents on this
Site is strictly prohibited. Unless otherwise noted, all Contents are
copyrights, trademarks, trade dress and/or other intellectual property owned,
controlled or licensed by fotocentreindia.com ,one of its affiliates
or by third parties who have licensed their materials to fotocentreindia.com and
are protected by Indian and international copyright laws. The compilation
(meaning the collection, arrangement, and assembly) of all Contents on this
Site is the exclusive property of fotocentreindia.com and is also protected
by Indian and international copyright laws.
Objectionable Material:-
You understand that by
using this Site or any services provided on the Site, you may encounter Content
that may be deemed by some to be offensive, indecent, or objectionable, which
Content may or may not be identified as such. You agree to use the Site and any
service at your sole risk and that to the fullest extent permitted under
applicable law, fotocentreindia.com and its affiliates shall have no
liability to you for Content that may be deemed offensive, indecent, or
objectionable to you.
Indemnity:-
You agree to defend,
indemnify and hold harmless fotocentreindia.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 your actions or inactions,
which may result in any loss or liability to fotocentreindia.com or
any third party including but not limited to breach of any warranties,
representations or undertakings or in relation to the non-fulfillment of any of
your obligations under this User Agreement or arising out of the your violation
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 User Agreement.
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