TERMS & CONDITIONS OF USE
Welcome to shopmygear.com (“Website”). Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions (“TERMS”).
By browsing, subscribing to or using website or any of our services in the website through any computer, mobile phone or tablet or any electronic gadget, you agree that you have read, understood and are bound by the Terms, regardless of how you use, subscribe to or use the services on the website .
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website, and “we”, “us” and “our” shall mean Gear Merchandise Private Limited and its affiliates as defined hereunder.
(a) shopmygear.com is an Internet based content portal owned by Gear Merchandise Private Limited company incorporated under the Companies Act, 1956, having its registered office at E/12 West Chowbhaga; Gulshan Colony; Kolkata: 700 100; West Bengal, hereinafter referred to as the “Gear” (which expression unless repugnant to the context shall include its successors and assigns).
(b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time at our sole discretion. You reserve the right not to accept the terms & conditions or from registering on the Website without assigning any reason thereof.
(c) These terms and various other policies are binding upon you as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
2.1 Legal Satisfaction: when you visit the website or send emails to us you are communicating with us electronically
2.2 Consent: By communicating with us, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. 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.
3.1 Protected Marks: shopmygear.com, GEAR and other marks indicated on our website are registered marks of the website / Gear or its subsidiaries or affiliates.
3.2 Protected graphics: All website graphics logos, page headers, button icons, scripts and services names are trade names or trade dress of shopmygear.com or its affiliates or subsidiaries and the trade dress not be used in connection with any product or services that is not of shopmygear.com, in any manner that is likely to cause confusion amongst the customers or in any manner that disparages or discredits the website. All other trademarks not owned by the website/gear or its subsidiaries that appear on the website may or may not be affiliated with connection to sponsored by website/gear or its subsidiaries
4. COPYRIGHT AND OWNERSHIP:
4.1 All content included in this website (except for User Generated Content) is owned by Gear Merchandise Private Limited or its subsidiaries or affiliates including without limitation text, graphics, photographs, images, moving images, sound, digital downloads date compilations, software and illustrations (“Content”)
4.2 The compilation of all the content in this website is the exclusive property of website / Gear and protected by the Indian Copy right laws You shall not modify any of the materials and you shall not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the Indian Copyright Laws.
4.3 All software used on this website is the property of Website/Gear or its suppliers and is protected by Indian Copyright Laws.
5. WEBSITE USE RESTRICTIONS:
5.1 General: – The website grants you a limited license to access and make personal use of this website and for your own non-commercial use to participate in the website or to place an order or purchase GEAR products. You agree not to change or delete any ownership notices from materials downloaded or printed from the website.
5.2 No License for Commercial sale :- This license does not include any resale or commercial use of this site or its contents, any collections and use of any product listings, descriptions or prices any derivative use of this site or the content, any downloading or coping account information for the benefit of another merchant; or any use of any data mining, robots, scraping or similar data gathering methods/extracting tools.
5.3 No reproduction :- This website or any portion of this website may not be reproduced, duplicated, copied sold, resold, visited or otherwise exploited for any commercial purpose without express written permission from the website or Gear.
5.4 No Framing :- You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text layout or form) of the website and our affiliates/subsidiary without our express written permission.
5.5 “Metatags” You may not use any metatags or any other hidden text utilizing website’s name or trademarks without express written consent of Gear / website Any unauthorised use terminates the permission or license granted by website
5.6 Linking :- You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of the website as long as the link does not portray shopmygear.com , its affiliates or their products or services in a false misleading derogatory or otherwise offensive matter. You may not use any logo or the proprietary graphic or trademark as part of the link without express permission in writing
6. ORDERS & PAYMENTS, DELIVERY, TITLE OF PRODUCTS & RISK OF LOSS AND RETURN POLICY:
6.1 Free Shipping for orders above ₹ 500; Standard Delivery Charges for orders below ₹ 499.
6.2 All orders placed through the Website are subject to availability of the products listed on our website and subject to receipt of payment. This means that Gear may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without any liability thereof.
6.3 All payments shall be made should online through a secure network / payment gateway as may be provided on the website which belongs to a recognised bank.
6.4 If your credit card has already been charged for an order that is later cancelled, Gear will issue you a refund.
6.5 All products purchases from the website are made pursuant to a shipment contract. This means that the risk of loss and title of such products shall pass to you upon our delivery to the end carrier.
6.6 Return policy: The website and its affiliate’s attempts to be as accurate as possible. However the website makes no warranty that the product descriptions and any other content on this site are accurate, complete or error free. If the product offered by the website itself is not as described in case your sole remedy is to return the product in an unused condition in conjunction with the return policy.
6.7 Returns and Exchange
You can exchange any order within 7 working days from the date of delivery. All exchanges must be unworn and unused.
6.8 No Returns or Exchanges on Discounted Products
Customer care executive at 1800 890 6306 or mail us at firstname.lastname@example.org
6.9 Wrong or Damaged Order
While these cases are extremely rare, however, if you do receive a wrong or a damaged product, please ensure that you contact our customer care executive at 1800 890 6306 or mail us at email@example.com within 3 working days.
7. USER ACCOUNT, PASSWORD AND SECURITY AND MEMBERSHIP OBLIGATIONS:
7.1 When you register with website the details you enter on the registration form will be used by us to provide you with news, offers and discounts on products for sale, news and other information.
7.2 You agree to provide your real name, last name and accurate and truthful personal information including correct & a valid email address in your registration.
7.3 You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Website wildcraft cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
7.4 You agree to indemnify us against any unauthorised use of your Username and password, howsoever caused.
7.5 We reserve the right to modify the membership information you provide, as well as to delete, disable and/or restrict your account.
8. REVIEWS, COMMENTS, COMMUNICATIONS AND USER GENERATED CONTENT AND POSTING RULES & USER CONDUCT:
8.1 Nature of content : You may on the website post reviews, comments and other content; and other communications and submit suggestions, ideas or other information as per the posting rules enshrined in this agreement.
8.2 False Information: You may not use false email Address, Impersonate any person or entity or otherwise mislead while you use the website. Website reserves the right to (but not an obligation) to remove or edit such content but does not regularly review the posted content.
8.3 Rights Granted : If you post the content or submit material and unless we indicate otherwise, you grant the website / Gear a non-exclusive, royalty free, perpetual, Irrevocable and fully sub-licensable right to use, reproduce, modify adapt, publish, translate, create a derivative work from, distribute and display such content throughout the world in any media. You grant website and its affiliates and sub-licensee’s a right to use the name you submit in connection with such content if you choose.
8.4 Rights owned: You represent and warrant that guarantee, warrant, and certify that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you on our website.
8.5 User Interaction Disclaimer: You are solely responsible for your interactions with other people, whether online or in person. Gear is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the website or persons who find you because of information posted on, by or through the website. You agree to take reasonable precautions in all interactions with other users on the website, and conduct any necessary investigation before meeting another person. Gear is under no obligation to become involved with any user dispute, but may do so at its own discretion.
8.6 Gear does not guarantee the website will be free from user generated content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Gear is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any user generated content or activities of users on the website. Even in the event Gear chooses to monitor any user generated content, Gear assumes no responsibility for, or any obligation to monitor or remove, such user generated content. Gear reserves the right to edit, remove, or refuse to post any user generated content or terminate your registered account for any reason.
8.7 Posting rules user generated content and user conduct:
You agree not to transmit to any information or post, email, or otherwise make any Submission of User Content that:
i. Is unlawful, harmful, threatening, abusive, harassing, defamatory, invasive of another’s privacy, or is harmful in any way
ii. Depicts a human being engaged in actual sexual conduct
iii. 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
iv. That constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement
v. Violate any applicable laws or regulations for the time being in force in or outside India
vi. Violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
vii. Do not post any User Generated Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software.
For the purposes of this clause 8 “user generated content” means communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you / users post or otherwise make available on or through the website, except to the extent the Content is owned by GEAR.
9. LINKS TO THIRD PARTY WEBSITE:
10. WARRANTY DISCLAIMER:
10.1 GEAR is not responsible or liable for any user generated content or other content posted on the website or for any offensive, unlawful or objectionable content you may encounter on or through the website. The, user generated content, the materials and products on this Platform are provided “As Is Where Is Basis ” and without warranties of any kind save as except to the warranties as may be applicable on the products sold to you
10.2 To the fullest extent permitted by law, the website and Gear disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Wildcraft cannot guarantee and does not promise any specific results from use of the website or its subsidiaries or affiliates
10.3 Gear does not represent or warrant that the website will be uninterrupted or error-free, that any defects will be corrected, or that this website or the server that makes the website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Gear does not make any warranties or representations regarding the use of the materials or content in the website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise.
10.4 You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other device in which you access the Platform, loss of data or other harm of any kind that may result. Gear reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice.
11. LIMITATION OF LIABILITY:
11.1 Gear shall be liable only when you make a purchase through a gear store or this website which amount is limited to the extent of the purchase amount paid by you while purchasing the product/s through the website and we will not be liable for any direct, special, incidental, indirect, punitive or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, this website or the performance of the products purchased through the website or the conduct of other users (whether online or offline) or attendance at a gear event or any user generated content, even if gear has been advised of the possibility of such damages. You assume total responsibility for your use of the platform. Your only remedy against gear for use of the website or any content is to stop using the website. That said, if gear is found to be liable to you for any damage or loss which is in any way connected with your use of this platform or any content, gear’s liability shall be ‘nil’.
13.1 Gear may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
13.2 Notwithstanding anything contained in the terms, these Terms will survive indefinitely unless and until Gear chooses to terminate them.
13.3 If you or Gear terminate your use of the Website or any Service, we may delete any content or other materials relating to your use of the Service and we will have no liability to you or any third party for doing so.
14. GOVERNING LAW:
14.1 The terms and conditions enshrined in the website is governed and construed in accordance with the Laws of India.
14.2 Any disputes relating in any way to your visit to the website or the products that you purchase through our website, you hereby irrevocably consent and shall submit to the exclusive jurisdiction of courts in Bangalore, Karnataka, India only, in all disputes arising out of or relating to the use of the except that, to the extent you have in any manner violated or threatened to violate websites/ Gear ‘s Intellectual Property Rights In such cases Gear may seek injunctive or other appropriate remedies / relief in any courts.
15. WEBSITE POLICIES, MODIFICATION AND SEVERABILITY:
16. REPORT ABUSE:
16.1 As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to shopmygear.com.