TERMS AND CONDITIONS
Welcome to the Gehnoor.com
In using the Gehnoor.com service you are deemed to have accepted the Terms and Conditions of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms .
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Usage Terms and that you agree to be bound by these Usage Terms. While individuals under the age of 18 may utilize/browse the Portal, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. 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 this portal. Gehnoor reserves the right to terminate User’s access to and refuse to provide User with access to the Portal if Gehnoor discovers that User is under the age of 18 years. Furthermore Gehnoor has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice. The use of this portal or any part thereof is also not available to persons whose membership has been suspended or terminated by Gehnoor for any reason whatsoever. If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this agreement and you have the authority to bind that business entity to this agreement.
ACCOUNT AND REGISTRATION OBLIGATIONS
If you use this 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. Please take all necessary steps to ensure that the username and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner. If Gehnoor has reason to believe that there is likely to be a breach of security or misuse of this portal, we may require you to change your password or we may suspend your account without any liability to Gehnoor. Any materials, suggestions, ideas or comments sent to Gehnoor will be deemed non-confidential. By submitting any such materials, you are granting Gehnoor an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
ACCURACY OF CONTENT AND INVITATION TO OFFER
Gehnoor has taken every care in the preparation of the content of this portal, in particular to ensure that prices quoted are correct at the time of publishing and all products and services have been fairly described. All final prices are inclusive of applicable taxes. The weights, dimensions and capacities given are approximate only. We have made every effort to display the colours, specifications and dimensions of items on the portal as accurately as possible. The colours you see will depend on the resolution of your monitor; we cannot guarantee that your monitor’s display of any colour will reflect accurately the colour of the item delivered. We may from time to time vary the dimensions, specifications, quantities and price of items displayed on our portal without prior notice. To the extent permitted by applicable law, Gehnoor disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this portal. Gehnoor shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this portal. All products/services and information displayed on Gehnoor constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by Gehnoor and the balance would continue to be on offer on Gehnoor and we reserve the right to accept or reject such balance order. No act or omission of orders on Gehnoor prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. 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, we 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, we may, at our sole 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 we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to 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 / debit card account. We strive to provide you with best value; however prices and availability are subject to change without notice.
RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES
CANCELLATION BY GEHNOOR
Please note that there may be certain orders that we are unable to accept and have to 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 cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, product out of stock 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 cancelled or if additional information is required to accept your order. If your order is cancelled after you have been charged, the said amount will be reversed back.
CANCELLATION AND CHANGES BY CUSTOMERS
In case of an event that the customer wishes to cancel or modify their order, they should send an email to [email protected] within 24 hours of placing the order. We will make every effort to accommodate their request. However, once an order has been submitted we cannot guarantee the purchase can be cancelled or modified. The customer agrees not to dispute the decision made by Gehnoor and accept Gehnoor’s decision regarding the cancellation.
When you use our Services, or send emails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Services, push mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.
YOU AGREE AND UNDERTAKE
- That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Gehnoor for redelivery shall be claimed from you.
- That you will use the services provided by Gehnoor for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Website.
- To provide true, accurate, current and complete information about yourself as prompted by Gehnoor registration form or guest details form (Registration Data).
- You will provide authentic and true information in all instances where such information is requested of you. Gehnoor reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Gehnoor has the right in its sole discretion to reject the registration and debar you from using the services of Gehnoor without prior intimation whatsoever.
- That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website
- That before placing an order you will 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.
- To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Gehnoor has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with this agreement, Gehnoor has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the portal.
COPYRIGHT AND TRADEMARK
Gehnoor as a registered brand reserves the rights on all materials displayed or which may be made available for your download (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations video and User Submissions (also known as the “Content”), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations, pursuant to Indian copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. All intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Portal are sole property of Gehnoor. Access to this Portal does not confer and shall not be considered as conferring upon anyone any license under any of Gehnoor.com or any third party’s intellectual property rights. All rights, including copyright, in this portal are owned by or licensed to Gehnoor.com. Any use of this portal 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 Gehnoor.com. You may not modify, distribute or re-post anything on this portal for any purpose. Gehnoor.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Gehnoor. No trademark or service mark license is granted in connection with the materials contained on this Portal. Access to this Portal does not authorize anyone to use any name, logo or mark in any manner. References on this Portal to any names, marks, products or services of third parties or hypertext links to third party portal or information are provided solely as a convenience to you and do not in any way constitute or imply Gehnoor.com endorsement, sponsorship or recommendation of the third party, information, product or service. Gehnoor.com is not responsible for the content of any third party portal and does not make any representations regarding the content or accuracy of material on such website/app/chatbot. If you decide to link to any such third party website/app/chatbot, 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 Portal (collectively, the ‘Contents’) are intended solely for personal, non-commercial use. 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 Portal or any related software. All software used on this Portal is the property of Gehnoor.com or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Portal 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 Portal is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Gehnoor.com ,one of its affiliates or by third parties who have licensed their materials to Gehnoor.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Portal is the exclusive property of Gehnoor.com and is also protected by Indian and international copyright law
FRAUDULENT /DECLINED TRANSACTIONS
We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds. We as a merchant 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 the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
CREDIT CARD, DEBIT CARD AND NET BANKING DETAILS
You agree, understand and confirm that the credit card, debit card, net banking details provided by you for availing of services on Gehnoor will be correct and accurate and you shall not use the credit card, debit card, net banking which is not lawfully owned by you, i.e. in a credit card, debit card, Net Banking transaction, you must use your own credit card, debit card, net banking account. You further agree and undertake to provide the correct and valid credit card, debit card, net banking details to Gehnoor. Further the said information will not be utilised and shared by Gehnoor with any of the third parties unless required for fraud verifications or by law, regulation or court order. Gehnoor will not be liable for any credit card, debit card or net banking fraud. The liability for use of a card, debit card or net banking account fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
The Site or third parties may provide links to other World Wide Web sites or resources. Because we have no control over such Sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You may not use the Website for any of the following purposes: (i)disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material (ii) transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice (iii)gaining unauthorised access to other computer systems (iv)interfering with any other person’s use or enjoyment of the Website (v) breaching any laws concerning the use of public telecommunications networks (vi)interfering or disrupting networks or websites connected to the Website (vii)making, transmitting or storing electronic copies of materials (viii)protected by copyright without the permission of the owner
MODIFICATION OF TERMS AND CONDITIONS OF SERVICE
Gehnoor reserves the right to modify the terms and conditions of this User Agreement at any time without any prior notification to them. The user can access the latest version of the User Agreement at any given time on Gehnoor. The user should regularly review the User Agreement on Gehnoor. In the event the modified User Agreement is not acceptable to the user, they should undertake to discontinue using the service. However, if the user continues to use the service they shall be deemed to have agreed and accepted to the modified terms and conditions and they undertake to abide by the modified User Agreement.
FEEDBACKS, REVIEWS, USER COMMENTS AND USER GENERATED CONTENT
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Gehnoor on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain Gehnoor.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Gehnoor.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We 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. Gehnoor.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 Website 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 Website will be or contain libellous 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’. Gehnoor.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 Website. You grant Gehnoor.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 Gehnoor.com and its affiliates for all claims resulting from any Comments you submit. Gehnoor.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
You agree to defend, indemnify and hold harmless Gehnoor, 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 Gehnoor or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of 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.
LIMITATION OF LIABILITY AND DISCLAIMERS
The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site. The Site provides content from other Internet sites or resources and while Gehnoor tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Gehnoor will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, Gehnoor or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of Gehnoor to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. You will be entitled to standard manufacturer warranty applicable to product and shall not claim any damage, loss, expenses against Gehnoor.Gehnoor, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Gehnoor assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site. Gehnoor shall not be liable for any liability arising out of any act or omission or negligence or misconduct of Payment Gateway or Bank.
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 you and Gehnoor with respect to the Gehnoor sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Gehnoor with respect to the Gehnoor sites/services. Gehnoor’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.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Gehnoor will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Gehnoor on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).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 to be in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Gehnoor with respect to the Gehnoor sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Gehnoor with respect to the Gehnoor sites/services. Gehnoor 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.
GOVERNING LAW AND JURISDICTION
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Delhi shall alone have exclusive jurisdiction in any proceedings arising out of this agreement.