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AGREEMENT
BETWEEN USER AND COMPANY
The Firstandsecond Web Site is comprised of various Web
sites and Web pages operated by First & Second e.com (P) Ltd ( hereinafter called COMPANY) or its affiliates
(collectively, the "Firstandsecond Web
Sites").
The Firstandsecond Web Sites are offered to you
conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein.
Your use of the Firstandsecond Web Sites constitutes
your agreement to all such terms, conditions, and
notices. Your use of a particular Firstandsecond Web
Site included within the Firstandsecond Web Sites may
also be subject to additional terms outlined elsewhere
in this agreement (the "Additional Terms"). To
go directly to any of the Additional Terms, click on the
link below:
Additionally, the Firstandsecond Web Sites may
themselves contain additional terms, codes of conduct or
guidelines that govern use of those sites, including
without limitation, particular features or offers (for
example, sweepstakes or chat areas).
In the event that any of the terms, conditions, and
notices contained herein conflict with the Additional
Terms or other terms and guidelines contained within any
particular Firstandsecond Web Site, then these terms
shall control.
MEMBER ACCOUNT, PASSWORD,
AND SECURITY
If a
particular Firstandsecond Site/Service requires you to
open an account, you must complete the registration
process by providing us with current, complete and
accurate information as prompted by the applicable
registration form. You then will choose a password and
an user name. You are entirely responsible for
maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for
any and all activities that occur under your account.
You agree to notify COMPANY immediately of any
unauthorized use of your account or any other breach of
security. COMPANY will not be liable for any loss that
you may incur as a result of someone else using your
password or account, either with or without your
knowledge. However, you could be held liable for losses
incurred by COMPANY or another party due to someone else
using your account or password. You may not use anyone
else's account at any time, without the permission of
the account holder.
MODIFICATION OF THESE TERMS
OF USE
COMPANY
reserves the right to change the terms, conditions, and
notices under which the Firstandsecond Sites/Services
are offered, including but not limited to the charges
associated with the use of the Firstandsecond
Sites/Services. You are responsible for regularly
reviewing these terms and conditions and additional
terms posted on particular websites. Your continued use
of the Firstandsecond Sites/Services constitutes your
agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL
USE LIMITATION
Unless otherwise specified, the Firstandsecond
Sites/Services are for your personal and non-commercial
use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any
information, software, products or services obtained
from the Firstandsecond Sites/Services.
LINKS TO THIRD PARTY
SITES
The Firstandsecond
Sites/Services may contain links to third party Web
sites ("Linked Sites"). The Linked Sites are
not under the control of COMPANY and COMPANY is not
responsible for the contents of any Linked Site,
including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site.
COMPANY is not responsible for webcasting or any other
form of transmission received from any Linked Site nor
is COMPANY responsible if the Linked Site is not working
appropriately. COMPANY is providing these links to you
only as a convenience, and the inclusion of any link
does not imply endorsement by COMPANY of the site or any
association with its operators. You are responsible for
viewing and abiding by the privacy statements and terms
of use posted at the Linked Sites.
Any dealings with third parties (including advertisers)
included within the Firstandsecond Sites/Services or
participation in promotions, including the delivery of
and the payment for goods and services, and any other
terms, conditions, warranties or representations
associated with such dealings or promotions, are solely
between you and the advertiser or other third party.
COMPANY shall not be responsible or liable for any part
of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your
use of the Firstandsecond Sites/Services, you will not
use the Firstandsecond Sites/Services for any purpose
that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Firstandsecond
Sites/Services in any manner which could damage,
disable, overburden, or impair any Firstandsecond Site/Service(s)
(or the network(s) connected to any Firstandsecond Site/Service(s))
or interfere with any other party's use and enjoyment of
any Firstandsecond Site/Service(s). You may not attempt
to gain unauthorized access to any Firstandsecond
Site/Service, other accounts, computer systems or
networks connected to any Firstandsecond Site/Service,
through hacking, password mining or any other means. You
may not obtain or attempt to obtain any materials or
information through any means not intentionally made
available through the Firstandsecond Sites/Services.
USE OF SERVICES
The Firstandsecond Sites/Services may contain e-mail
services, bulletin board services, chat areas, news
groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or other
message or communication facilities designed to enable
you to communicate with others (collectively,
"Communication Services"). You agree to use
the Communication Services only to post, send and
receive messages and material that are proper and, when
applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you
agree that when using a Communication Service, you will
not:
COMPANY
has no obligation to monitor the Communication Services.
However, COMPANY reserves the right to review materials
posted to a Communication Service and to remove any
materials in its sole discretion. COMPANY reserves the
right to terminate your access to any or all of the
Communication Services at any time, without notice, for
any reason whatsoever.
COMPANY reserves the right at all times to disclose any
information as COMPANY deems necessary to satisfy any
applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in
part, in COMPANY's sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your children
in any Communication Service. COMPANY does not control
or endorse the content, messages or information found in
any Communication Service and, therefore, COMPANY
specifically disclaims any liability with regard to the
Communication Services and any actions resulting from
your participation in any Communication Service.
Managers and hosts are not authorized COMPANY
spokespersons, and their views do not necessarily
reflect those of COMPANY.
Materials uploaded to a Communication Service may be
subject to posted limitations on usage, reproduction
and/or dissemination, you are responsible for adhering
to such limitations if you download the materials.
MATERIALS PROVIDED TO
COMPANY OR POSTED AT ANY Firstandsecond WEB SITE
COMPANY does not claim
ownership of the materials you provide to COMPANY
(including feedback and suggestions) or post, upload,
input or submit to any Firstandsecond Site/Service or
its associated services for review by the general public
(each a "Submission" and collectively
"Submissions"). However, by posting,
uploading, inputting, providing or submitting your
Submission you are granting COMPANY, its affiliated
companies and necessary sublicensees permission to use
your Submission in connection with the operation of
their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate
and reformat your Submission; and to publish your name
in connection with your Submission.
No compensation will be paid with respect to the use of
your Submission, as provided herein. COMPANY is under no
obligation to post or use any Submission you may provide
and COMPANY may remove any Submission at any time in its
sole discretion.
By posting, uploading, inputting, providing or
submitting your Submission you warrant and represent
that you own or otherwise control all of the rights to
your Submission as described in this section including,
without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
SOFTWARE AND CONTENT
AVAILABLE THROUGH THE FIRSTANDSECOND SITES/SERVICES
All
content and software (if any) that is made available to
view and/or download in connection with the Firstandsecond
Sites/Services, excluding content and/or software that
may be made available by end-users through a
Communication Service, ("Software") is owned
by and is the copyrighted work of COMPANY Corporation
and/or its suppliers and is protected by copyright laws
and international treaty provisions. Your use of the
Software is governed by the terms of the end user
license agreement, if any, which accompanies or is
included with the Software ("License
Agreement"). You may not install or use any
Software that is accompanied by or includes a License
Agreement unless you first agree to the License
Agreement terms.
For any Software not accompanied by a license agreement,
COMPANY Corporation hereby grants to you, the user, a
revocable personal, non-transferable license to use the
Software for viewing and otherwise using the particular Firstandsecond
Site/Service in accordance with these Terms of Use, and
for no other purpose provided that you keep intact all
copyright and other proprietary notices. Any
reproduction or redistribution of the content and/or
Software is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible. WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. You acknowledge that the Software, and any
accompanying documentation and/or technical information,
is subject to applicable export control laws and
regulations of the USA. You agree not to export or
re-export the Software, directly or indirectly, to any
countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the
Firstandsecond sites/services may include inaccuracies or typographical errors. Changes are periodically made to the
Firstandsecond sites/services and to the information therein. Company and/or its respective suppliers may make improvements and/or changes in the
Firstandsecond sites/services at any time. Advice received via the
Firstandsecond 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.
Company corporation and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the
Firstandsecond sites/services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. Company and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, 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.
You specifically agree that company 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
Firstandsecond site/service. You specifically agree that company 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 company is not responsible for any content sent using and/or included in an
Firstandsecond site/service by any third party.
In no event shall company and/or its suppliers 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
Firstandsecond sites/services, with the delay or inability to use the
Firstandsecond 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
Firstandsecond sites/services, or otherwise arising out of the use of the
Firstandsecond sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the
Firstandsecond sites/services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the
Firstandsecond sites/services.
GENERAL
TERMS REGARDING DELIVERY PERIODS
OF THE MERCHANDISE
You agree that
COMPANY , despite its best efforts may not be able to
deliver merchandise as indicated below every product on
the website .The delivery periods mentioned with every
product at best are indicative.
You agree that COMPANY has no responsibility or
liability for the delayed delivery of the merchandise.
You acknowledge that COMPANY reserves the right to
deliver your order at any time.
COMPANY MAKES NO WARRANTY THAT ANY SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SERVICE CONTACT:
Contact us
TERMINATION/ACCESS
RESTRICTION
COMPANY reserves the right, in its sole discretion, to
terminate your access to any or all Firstandsecond
Sites/Services and the related services or any portion
thereof at any time, without notice.
COMPANY may also terminate or suspend your access to Firstandsecond
Site/Service(s) for inactivity, which is defined as
failing to log into a particular service for an extended
period of time, as determined by COMPANY. The amount of
time that COMPANY currently considers as an
"extended" period of time may be viewed in the
FAQ relating to the particular service. Upon termination
of the Firstandsecond Site/Service, your right to use
the Firstandsecond Site/Service immediately ceases.
COMPANY shall have no obligation to maintain any content
or to forward any unread or unsent messages to you or
any third party.
AFTER YOU CLICK AT THE
“CONFIRM ORDER” BUTTON
You are responsible for paying the entire amount due on
your purchase irrespective of the time taken to deliver
the product, including any applicable taxes, shipping
and other charges assessed by the COMPANY after you have
clicked on “Confirm Order” button.
DAMAGES
COMPANY will immediately terminate any customer account
which it believes, in its sole discretion, is placing
orders on the website using cash on delivery payment
mode and refuses to take deliveries. This also includes
customer accounts which after receiving the goods , pass
instructions to the credit card companies to deny the
said transaction. In
addition, because damages are often difficult to
quantify, if actual damages cannot be reasonably
calculated then you agree to pay COMPANY liquidated
damages of $25 (US Currency) for each piece of
merchandise ordered in the subject transaction through
your customer account , otherwise you agree to pay
COMPANY's actual damages, to the extent such actual
damages can be reasonably calculated.
It is the express will of the parties that this
agreement and all related documents have been drawn up
in English. C'est la volonté expresse des parties que
la présente convention ainsi que les documents qui s'y
rattachent soient rédigés en anglais.
GENERAL
This
agreement is governed by the courts of New Delhi ,
India. You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in New Delhi .India
in all disputes arising out of or relating to the
use of the Firstandsecond Sites/Services. Use of the Firstandsecond
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 that no joint venture, partnership,
employment, or agency relationship exists between you
and COMPANY as a result of this agreement or use of the Firstandsecond
Sites/Services. You agree to indemnify and hold COMPANY,
its parents, subsidiaries, affiliates, 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 Firstandsecond Sites/Services. COMPANY
reserves the right to disclose any personal information
about you or your use of the Firstandsecond
Sites/Services, including its contents, without your
prior permission if COMPANY has a good faith belief that
such action is necessary to: (1) conform to legal
requirements or comply with legal process; (2) protect
and defend the rights or property of COMPANY or its
affiliated companies; (3) enforce the terms or use; or
(4) act to protect the interests of its members or
others. COMPANY's performance of this agreement is
subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of
COMPANY's right to comply with governmental, court and
law enforcement requests or requirements relating to
your use of the Firstandsecond Sites/Services or
information provided to or gathered by COMPANY with
respect to such use. 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 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 COMPANY with respect to the Firstandsecond
Sites/Services and it supersedes all prior or
contemporaneous communications and proposals, whether
electronic, oral or written, between the user and
COMPANY with respect to the Firstandsecond
Sites/Services. A printed version of this agreement and
of any notice given in electronic form shall be
admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same
extent and subject to the same conditions as other
business documents and records originally generated and
maintained in printed form.
You are responsible for paying the entire amount due on
your purchase irrespective of the time taken to deliver
the product, including any applicable taxes, shipping
and other charges assessed by the COMPANY after you have
clicked on “Confirm Order” button. With respect to
applicable taxes, the COMPANY will advise you
subsequently of the exact amount of tax due on your
purchase.
Rev. Oct 2001
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