Terms & Conditions
Terms and
Conditions
This Terms and Conditions is (“Agreement”) between the
website www.rehabstore.in (Rehab store who owns this
website) is an online service provider and you (who use the service). The Rehab store reserves the right to revise,
amend or modify the policy entailed in this disclaimer at any time and in any
manner as it may deem fit. Any change or revisions so effected will be posted
on the site. It is therefore important that you review these terms regularly to
ensure you are updated as to any changes. In using the service, you are deemed
to have accepted the terms and conditions of the agreement listed below.
1.
Ownership of rights: 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 explicit permission of Rehab store. All information
displayed, transmitted or carried on the Website is protected by copyright and
other intellectual property laws. Copyrights and other intellectual property in
respect of the some of the content on the Website may be owned by the third
parties. This site is designed, updated and maintained by Rehab store or its licensors.
You shall not modify, publish, transmit, transfer, sell, reproduce, create
derivative work from, distribute, repost, perform, display or in any way
commercially exploit any of the content available on the Website.
2.
Accuracy of content and invitation to offer: We have taken all care and precaution
to try and provide accurate data and information. In the preparation of the
content of this Website, in particular to ensure that prices quoted are correct
at time of publishing and all products have been fairly described. All prices
are displayed inclusive of VAT. Services however are listed exclusive of
service tax as rules for service tax vary with different services. Packaging
may vary from that shown. The weights, dimensions and capacities given are approximate
only. We have made every effort to display as accurately as possible the
colours of our products that appear on the Website. However, as the actual
colours you see will depend on your monitor, we cannot guarantee that your
monitor's display of any colour will accurately reflect the colour of the
product on delivery. All products/services and information displayed on the
Website constitute an invitation to offer. Your order for purchase constitutes
your offer which shall be subject to the terms and conditions of this User
Agreement. 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 us and the balance
would continue to be on offer to us and we reserve the right to accept or
reject such balance order. No act or omission of Rehab store prior to the
actual dispatch of the product(s) ordered will constitute acceptance of your
offer. If you have supplied us with your email address or phone number, we will
notify you by email and/or phone number, as the case may be, as soon as
possible to confirm receipt of your order and email/contact you again to
confirm dispatch and therefore acceptance of the order.
3.
Usage Restrictions:
You shall not use the
Website for any of the following purposes:
- Disseminating any
unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene,
or otherwise objectionable material.
- 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.
- Gaining unauthorized
access to other computer / network systems.
- Interfering with any
other person's use or enjoyment of the Website.
- Breaching any applicable
laws.
- Interfering or disrupting
networks or websites connected to the Website.
- Making, transmitting or
storing electronic copies of materials protected by copyright without the
permission of the owner.
You are not permitted
to host, display, upload, modify, publish, transmit, update or share any
information on the Website that
- belongs to
another person and to which you do not have any right to;
- is grossly
harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic,
libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable,
disparaging, relating or encouraging money laundering or gambling, or otherwise
unlawful in any manner whatever;
- harm
minors in any way;
- infringes
any patent, trademark, copyright or other proprietary rights;
- violates
any law for the time being in force;
- deceives
or misleads the addressee about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;
- impersonate
another person;
- contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer resource
including the Website;
- Threatens
the unity, integrity, defense, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to the
commission of any cognizable offence or prevents investigation of any offence
or is insulting any other nation.
You are also
prohibited from:
- violating
or attempting to violate the integrity or security of the Website or its
content;
- transmitting
any information (including job posts, messages and hyperlinks) on or through
the Website that is disruptive or competitive to the provision of services by
us;
- intentionally
submitting on the Website any incomplete, false or inaccurate information;
- making any
unsolicited communications to other users of the Website;
- using any
engine, software, tool, agent or other device or mechanism (such as spiders,
robots, avatars or intelligent agents) to navigate or search the Website;
- attempting
to decipher, decompile, disassemble or reverse engineer any part of the
Website;
- copying or
duplicating in any manner any of the content on the Website or other
information available from the Website;
- framing or
hot linking or deep linking any content on the Website.
4.
Quantity Restrictions: We reserve the right, at our sole discretion, to limit the quantity of
items purchased per person, per household or per order. These restrictions may
be applicable to orders placed by the same account, the same credit / debit
card, and also to orders that use the same billing and/or shipping address. We
will provide notification to the customer should such limits be applied. We
also reserve the right, at our sole discretion, to prohibit sales to any one as
we may deem fit.
5.
Pricing Information: While we strive to provide accurate product and pricing information,
pricing or typographical errors may occur. We 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, 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. Our
promotional offers/discounts are not site wide and are limited to selected
categories. Coupon codes may not be applicable on categories like diapers, baby
food etc. or such other product or service as may be determined by us in our
sole discretion.
6.
Indemnity: We disclaim all warranties or conditions, whether expressed or implied,
(including without limitation implied, warranties or conditions of information
and context). We 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 Website. This User Agreement and any contractual obligation
between us and you will be governed by the laws of India, subject to the
exclusive jurisdiction of Courts in Chennai. All disputes will be subject to
arbitration in Chennai in English by a single arbitrator appointed by us under
the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear
its own cost. You agree to defend, indemnify and hold harmless rehab store, 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 Rehab
store 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 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.
7.
Eligibility to use: Use of the Website 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 Website. We reserve
the right to terminate your membership and refuse to provide you with access to
the Website at our sole discretion. The Website is not available to persons
whose membership has been suspended or terminated by us 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. We make 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 Website from outside India are responsible for compliance with
local laws if and to the extent local laws are applicable. We will deliver the
products only within India and will not be liable for any claims relating to
any products ordered from outside India. Some Indian states prohibit direct
sale of merchandise from other states and require special documentation to
effect such a sale without dual taxation, if we receives an order from such
states or to be delivered to such states under such circumstances we retain the
right to accept or reject the order at our sole discretion. Those who choose to
access this Website from Indian states which restrict such use are responsible
for compliance with local laws if and to the extent local state laws are
applicable. We will deliver the products only within states having open import
policy and will not be liable for any claims relating to any products ordered
from restricted states. 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.
8.
Privacy: All the information provided to us by you, including sensitive personal
information, is voluntary. You have the right to withdraw your consent at any
time, in accordance with the terms of this User Agreement, but please note that
withdrawal of consent will not be retroactive. You can access, modify, correct
and eliminate the data about you which has been collected pursuant to your
decision to become a user of the Website. If you update any information
relating to you, we may keep a copy of the information which you originally
provided to us in its archives. Due to the communications standards on the
Internet, when you visit the Website, we automatically receive the URL of the
site from which you came and the site to which you are going when you leave. We
also receive the Internet Protocol (IP) address of your computer (or the proxy
server you used to access the World Wide Web), your computer operating system
and type of web browser you are using, email patterns, as well as the name of
your internet service provider (ISP). This information is used to analyze
overall trends to help us improve our service. The Website uses temporary
cookies to store certain data (that is not sensitive personal data or
information) that is used by us and our service providers for the technical
administration of the Website, research and development, and for
administration. In the course of serving advertisements or optimizing services
to you, we may allow authorized third parties to place or recognize a unique
cookie on your browser. We do not store personally identifiable information in
the cookies. We may keep records of telephone calls received and made for
making inquiries, orders or other purposes for the purpose of administration of
services, research and development, quality management services and for proper administration.
We allow other companies, to serve advertisements to you. These companies
include third party ad servers, ad agencies, ad technology vendors and research
firms. We may "target" some ads to you that fit a certain general
profile. We do NOT use personally identifiable information to target ads. We
assume no responsibility, and shall not be liable for, any damages to, or
viruses that may infect your equipment on account of you access to, use of, or
browsing the Website or the downloading of any material, data, text, images,
video content, or audio content from the Website. If you are dissatisfied with
the Website, your sole remedy is to discontinue using the Website. This privacy
policy applies to websites and services that are operated and managed by us. We
do not exercise control over the sites displayed as search results or links
from within its services. These other sites may place their own cookies or
other files on your computer, collect data or solicit personal information from
you, for which we are not responsible or liable. Accordingly, we do not make
any representations concerning the privacy practices or policies of such third
parties or terms of use of such websites, nor do we guarantee the accuracy,
integrity, or quality of the information, data, text, software, sound,
photographs, graphics, videos, messages or other materials available on such
websites. The inclusion or exclusion does not imply any endorsement by us of
the website, the website's provider, or the information on the website. We
encourage you to read the privacy policies of that website. The Website may
enable you to communicate with other users or to post information to be
accessed by others, whereupon other users may collect such data. We hereby
expressly disclaim any liability for any misuse of such information that is
made available by visitors in such a manner. We value the privacy of
information pertaining to our associates. The linkage between your IP address
and your personally identifiable information is not shared with third-parties
without your permission or except when required by law. Notwithstanding the
above, we may share some of the aggregate findings and details with
advertisers, sponsors, investors, strategic partners, and others in order to
help grow our business without obtaining any approval from you. We will enable
you to communicate your privacy concerns to us and that we will respond to them
appropriately. We do not disclose any personal information to advertisers and
for other marketing and promotional purposes that could be used to personally
identify you, such as your password, credit card number and bank account
number.
9.
Refusal of service: We reserve the right to refuse service to anyone at any time. We reserve
the right, in our sole discretion, to suspend or cancel the service at any time
if a computer virus, bug, or other technical problem corrupts the security, or
proper administration of the service.
10.
Financial Details: You agree, understand and confirm that the credit / debit card details or
other financial details provided by you for availing of services on the Website
will be correct and accurate and you shall not use the credit /debit card or
financial facility which is not lawfully owned / obtained by you. You also
understand that any financial information submitted by you is directly received
by our acquiring bank and not taken by us. We will not be liable for any credit
/ debit 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. We and our
associated acquiring bank or financial institutions reserve the right to
recover the cost of goods, collection charges and lawyers fees from persons using
the Website fraudulently. We and our associated acquiring banks or financial
institutions reserve the right to initiate legal proceedings against such
persons for fraudulent use of the Website and any other unlawful acts or acts
or omissions in breach of these terms and conditions in accordance with
applicable laws.
11.
Communication: When you visit the Website 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 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. When you submit your phone
number along with your shipping address or to request our call back, you
consent to receive calls on that number for communication related to your
order/request and other site related communication.
12.
Website feedback, user comments and user generated content: All reviews, comments, feedback,
postcards, suggestions, ideas, and other submissions disclosed, submitted to us
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 our property. Such disclosure,
submission or offer of any Comments shall constitute an assignment to us 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. We are 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 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'. We do not
regularly review posted Comments, but do reserve the right (but not the
obligation) to monitor and edit or remove any Comments submitted on the
Website. You grant us 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 us and our affiliates for all
claims resulting from any Comments you submit. We and our affiliates take no
responsibility and assume no liability for any Comments submitted by you or any
third party.
13.
Copyright & Trademark: We and our suppliers and licensors expressly reserve all
intellectual property rights in all text, programs, products, processes,
technology, content and other materials, which appear on this Website. Access
to this Website does not confer and shall not be considered as conferring upon
anyone any license under any of our or any third party's intellectual property
rights. All rights, including copyright, in this Website are owned by or
licensed to us. 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 our prior permission. You may not
modify, distribute or re-post anything on this Website for any purpose. The Rehab
store names and logos and all related product and service names, design marks
and slogans are the trademarks or service marks of Rehab store or licensed to
rehab store. All other marks are the property of their respective companies and
you shall not use or exploit the same in any manner whatsoever. No trademark or
service mark license is granted to you in connection with the materials
contained on this Website. Access to this Website does not authorize anyone to
use any name, logo or mark which appear on the Website in any manner.
References on this Website to any names, marks, products or services of third
parties or hypertext links to third party websites or information are provided
solely as a convenience to you and do not in any way constitute or imply our
endorsement, sponsorship or recommendation of the third party, information,
product or service. We are not responsible for the content of any third party
websites and do not make any representations regarding the content or accuracy
of material on such websites. 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
Website are intended solely for personal, non-commercial use. You may download
or copy the Contents and other downloadable materials displayed on the Website
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 Content,
the Website or any related software. All software used on this Website is the
property of Rehab store or its suppliers and licensors and protected by Indian
and international copyright laws. The Content and software on this Website may
be used only as a shopping resource. Any other use, including the reproduction,
modification, distribution, transmission, republication, display, or
performance, of the Content on this Website is strictly prohibited. Unless
otherwise noted, all Content are copyrights, trademarks, trade dress and/or
other intellectual property owned, controlled or licensed by us, our affiliates
or by third parties who have licensed their materials to us and are protected
by Indian and international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all Content on this Website is the
exclusive property of rehab store and is also protected by Indian and
international copyright laws.
14.
Objectionable Material: You understand that by using this Website or any services provided on the
Website, 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 Website and any service at your sole risk and that to the
fullest extent permitted under applicable law, we and our affiliates shall have
no liability to you for Content that may be deemed offensive, indecent, or
objectionable to you.
15.
Termination: This User Agreement is effective unless and until terminated by either you
or us. You may terminate this User Agreement at any time by informing us in
writing through Indian postal system by registered post that you no longer wish
to be associated with this Website, provided that you discontinue any further
use of this Website. We may terminate this User Agreement at any time and may
do so immediately without notice, and accordingly deny you access to the
Website. Such termination will be without any liability to rehab store. Upon
any termination of the User Agreement by either you or us, you must promptly
destroy all materials downloaded or otherwise obtained from this Website, as
well as all copies of such materials, whether made under the User Agreement or
otherwise. Our right to any Comments shall survive any termination of this User
Agreement. Any such termination of the User Agreement shall not cancel your
obligation to pay for the product already ordered from the Website or affect
any liability that may have arisen under the User Agreement.
16.
Limitation of Liability and Disclaimers: The Website is provided without any warranties or
guarantees and in an "As Is" condition. You must bear the risks
associated with the use of the Website. The Website provides content from other
Internet websites or resources and while we try to ensure that material
included on the Website is correct, reputable and of high quality, we shall not
be held liable or responsible if this is not the case. We 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 Website. 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, we or our suppliers shall not be
liable for any indirect, incidental, special, 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
Website, its services or this User Agreement. Without prejudice to the
generality of the section above, our total liability to you for all liabilities
arising out of this User Agreement is it in tort or contract is limited to the
amount charged to you, against the value of the products ordered by you. Rehab
store, its associates and technology partners make no representations or
warranties about the accuracy, reliability, completeness and/or timeliness of
any content, information, software, text, graphics, links or communications
provided on or through the use of the Website or that the operation of the
Website will be error free and/or uninterrupted. We 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 Website; and/or any interruption or
errors in the operation of the Website.
17.
Website Security:
You are prohibited
from violating or attempting to violate the security of the Website, including,
without limitation:
- Accessing
data not intended for you or logging onto a server or an account which you are
not authorized to access;
- Attempting
to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization;
- Attempting
to interfere with service to any other user, host or network, including,
without limitation, via means of submitting a virus to the Website,
overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;
- Sending
unsolicited email, including promotions and/or advertising of products or
services; or
- 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. We 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 Website or any activity being conducted on this Website.
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
Website other than the search engine and search agents available from rehab
store on this Website and other than generally available third party web
browsers (e.g., Google Chrome, Firefox, Microsoft Internet Explorer).
18.
Entire Agreement: If any part of this User 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 User Agreement shall continue in effect.
Unless otherwise specified herein, this User Agreement constitutes the entire
agreement between you and us with respect to the Websites/services and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and us with respect to the
Websites/services. Our 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.