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1. USE OF THE PLATFORM
Welcome to www.playR.co.in and playR.vip ("Site"). The website www.playR.co.in and playR.vip
is owned and operated by iCOREts Private Limited ("Company”) a company incorporated under the provisions
of the Companies Act, 1956 with its registered office at 150, New Satguru Nanik Industrial
Premises CoOp Soc Plot No. 498, Goregaon East, Mumbai 400063, India.
You may be accessing our Site from a computer or mobile phone device (through
an iOS or Android application, for example) and these Terms of Use govern your
use of our Site and your conduct, regardless of the means of access. These
Terms of Use govern all the products offered on the Site.
The Site is only to be used for your
personal non-commercial use and information. Your use of the Site and features
of the Site shall be governed by these Terms and Conditions (hereinafter
" Terms of Use ") along with the Privacy
Policy, Shipping Policy and Cancellation, Refund and Return Policy (together
" Policies ") as modified and amended from time
to time.
By mere accessing or using the Site,
you are acknowledging, without limitation or qualification, to be bound by
these Terms of Use and the Polices, whether you have read the same or
not. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR
UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do
not agree to any of the terms enumerated in the Terms of Use or the Policies,
please do not use the Site. You are responsible to ensure that your access to
this Site and material available on or through it are legal in each
jurisdiction, in or through which you access or view the Site or such material.
Company reserves the unilateral right
to change the particulars contained in the Terms of Use or the Policies from
time to time and at any time, without notice to its users and in its sole
discretion. If Company decides to change the Terms of Use or Policies. Any
change or modification to the Terms of Use and the Policies will be effective
immediately from the date of such upload of the Terms of Use and Policies on
the Site. Your continued use of the Site following the modifications to the
Terms of Use and Policies constitutes your acceptance of the modified Terms of
Use and Policies whether or not you have read them. For this reason, you should
frequently review these Terms of Use, our Guidelines and Rules and any other
applicable policies, to understand the terms and conditions that apply to your
use of the Site.
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PRIVACY PRACTICES
We understand the importance of
safeguarding your personal information and we have formulated a Privacy Policy,
to ensure that your personal information is sufficiently protected. Apart from
these Terms of Use, the Privacy Policy shall also govern your visit and use of
the Site. Your continued use of the Site implies that you have read and
accepted the Privacy Policy and agree to be bound by its terms and conditions.
You consent to the use of personal information by the Company in accordance
with the terms of and purposes set forth in the Privacy Policy, the same may be
subject to amendment from time to time at the sole discretion of the
Company.
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YOUR ACCOUNT
This Site is directed to be used by
adults only. We assume that any minor, if at all, accessing our Site is under
the supervision of their guardians. The Company or its associates do not
knowingly collect information from minors. You will be responsible for
maintaining confidentiality of your account, password, and restricting access
to your computer, and you hereby accept responsibility for all activities that
occur under your account and password. You acknowledge that the information you
provide, in any manner whatsoever, are not confidential or proprietary and does
not infringe any rights of a third party in whatsoever nature.
If you are accessing, browsing and
using the Site on someone else’s behalf; you represent that you have the
authority to bind that person to all the terms and conditions herein. In the
event that the person refuses to be bound as the principal to the Terms of Use,
you agree to accept liability for any harm caused by any wrongful use of the
Site resulting from such access or use of the Site in whatsoever nature.
If you know or have reasons to believe
that the security of your account has been breached, you should contact us
immediately at the 'Contact Information' provided below. If we have found a
breach or suspected breach of the security of your account, we may require you
to change your password, temporarily or permanently block or suspend your
account without any liability to the Company.
We reserve the right to refuse service
and/or terminate accounts without prior notice if these Terms of Use are
violated or if we decide, in our sole discretion, that it would be in Company’s
and Company’s best interests to do so. You are solely responsible for all
contents that you upload, post, email or otherwise transmit via the Site. The
information provided to us shall be maintained by us in accordance with our
Privacy Policy.
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PRODUCT INFORMATION
Company attempts to be as accurate as
possible in the description of the product on the Site. However, Company does
not warrant that the product description, colour, information or other content
of the Site is accurate, complete, reliable, current or error-free. The Site
may contain typographical errors or inaccuracies and may not be complete or
current. The product pictures are indicative and may not match the actual
product.
Company reserves the right to
correct, change or update information, errors, inaccuracies or omissions at any
time (including after an order has been submitted ) without prior notice.
Please note that such errors, inaccuracies or omissions may also relate to
pricing and availability of the products.
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PRODUCT USE
The products and services available on
the Site, and the samples, if any, that Site may provide you, are for your
personal and/or professional use only. The products or services, or samples
thereof, which you may receive from us, shall not be sold or resold for
any/commercial reasons.
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PRICING INFORMATION
The Company strives to provide accurate
product and pricing information, however errors may occur.
Company cannot confirm the price
of the product until you make the order. Without limiting the generality of
Clause 7 (Cancellations, Refunds and Returns) below, if a product is listed at
an incorrect price or with incorrect information due to any technical error,
Company shall have the right, at its sole discretion, to refuse or cancel any
orders placed for that product, unless the product has already been delivered.
In the event that an item is wrongly priced, the Company may, at its
discretion, either contact you for instructions or cancel your order and notify
you of such cancellation. Unless the product ordered by you has been delivered,
your offer will not be deemed accepted and the Company will have the right to
modify the price of the product/ service and contact you for further
instructions using the e-mail address provided by you during the time of
registration or placing of order, or cancel the order and notify you of such
cancellation. In the event that Company accepts your order the same shall be
debited to your credit card/ debit card account and duly notified to you by
email that the payment has been processed. The payment may be processed prior to
Company’s 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
to your credit / debit card account.
PRICES AND AVAILABILITY OF THE
PRODUCTS PROVIDED OR OFFERRED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR
NOTICE AND AT THE SOLE DISCRETION OF COMPANY. Company may
revise and cease to make available any product/ services at anytime. In the
event, the Company is unable to deliver the product to you on time or at all,
you will be notified by an e-mail and your order will be automatically
cancelled due to unavailability of the product or at your instructions due to
failure to deliver the product on the expected time of delivery by our delivery
partners. The Company shall not be liable to pay for any damages in such an
event owing to cancellation of the order or delay in delivery.
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CANCELLATIONS, REFUNDS AND RETURNS
Please refer to our Warranty and
Support page provided on our Site.
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MODE OF PAYMENT
Payments for the products available on
the Site may be made in the following ways:
·
Payments can be made by Credit Cards,
Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points.
·
Credit card, Debit Card and Net Banking
payment options are instant payment options and recommended to ensure faster
processing of your order.
1.
INTELLECTUAL PROPERTY RIGHTS
The names and logos and all related
product names, design marks and slogans are the trademarks, logos or service
marks (hereinafter referred to as "Marks")
of the Company. No trademark or service mark license is granted in connection
with the materials contained on this Site. Access to this Site does not
authorize anyone to use any Marks in any manner. Marks displayed on this Site,
whether registered or unregistered, of the Company are the intellectual
property of the Company.
The Company expressly and exclusively
reserve all the intellectual property rights in all text, programs, products,
processes, technology, content, software and other materials, which appear on this
Site, including its looks and feel. The compilation (meaning the collection,
arrangement and assembly) of the content on the Site is the exclusive property
of the Company and are protected by the Indian copyright laws and International
treaties. Consequently, the materials on this Site shall not be copied,
reproduced, duplicated, republished, downloaded, posted, transmitted,
distributed or modified in whole or in part or in any other form whatsoever,
except for your personal, non-commercial 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, reproducing, duplicating, republishing,
posting, transmitting, distributing or modifying.
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LIMITED LICENSE
The Company grants you limited,
non-exclusive, non-transferable, non-sublicensable license to access, and make
personal and non-commercial use of the Site. All rights not expressly granted
to you in these Terms of Use, are reserved and retained by the Site and its
affiliates.
The Company reserves the right, at any
time, without notice, and at its sole discretion, to terminate your license to
use the Site and to block and prevent your future access the Site.
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REPRESENTATIONS AND WARRANTIES
This Site is provided to you "AS
IS". We make no representations regarding the use of or the result of the
use/depiction of the Contents on the Site in terms of their correctness,
accuracy, reliability, or otherwise. The Company shall not be liable for any
loss suffered in any manner by the user as a result of depending directly or
indirectly on the depiction of the Content on this Site.
You acknowledge that this Site is
provided only on the basis set out in the Terms of Use. Your uninterrupted
access or use of this Site on this basis may be prevented by certain factors
outside our reasonable control including, without limitation, the
unavailability, inoperability or interruption of the internet or other
telecommunications services or as a result of any maintenance or other service
work carried out on this Site.
The Company shall have the right, at
any time, to change or discontinue any aspect or feature of the Site,
including, but not limited to, content, hours of availability and equipment
needed for access or use. Further, the Site may discontinue disseminating any
portion of information or category of information. The Company does not accept
any responsibility and will not be liable for any loss or damage whatsoever
arising out of or in connection with any ability/inability to access or to use
the Site.
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DISCLAIMER OF WARRANTY AND LIMITATION
OF LIABILITY
THE SITE IS PRESENTED "AS
IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR
LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE
OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT
TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES,
AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR
ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO
THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS
A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e)
VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH
YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES;
(f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE
REASONABLE CONTROL OF THE COMPANY. WE MAKE NO REPRESENTATIONS OR WARRANTIES
THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT
PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR
LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE
OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE
LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION
ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND
CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF
ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR
ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR
SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
This disclaimer constitutes an
essential part of this Terms of Use.
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TERMINATION
These Terms of Use are effective unless
and until terminated by either you or the Company.
You may terminate the Terms of Use at
any time, provided that you discontinue any further use of this Site. The
Company may terminate the Terms of Use at any time and may do so without
notice, and accordingly deny you access to the Site, such termination will be
without any liability to the Site.
Upon any termination of the Terms of
Use by either you or the Company, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies of such
materials, whether made under the Terms of Use or otherwise. Any such
termination of the Terms of Use shall not cancel your obligation to pay for the
product already ordered from the Site or affect any liability that may have
arisen under the Terms of Use.
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INDEMNITY
You agree to defend, indemnify and hold
harmless the Company, its employees, directors, officers, agents and their
successors and assigns, its holding, subsidiaries, affiliates, partners, or
licensors 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 the Company 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 the Terms of Use, or arising out of the your violation
of any applicable laws, regulations including but not limited to Intellectual
Property Rights, payment of statutory dues and taxes, claim of libel,
defamation, violation of rights of privacy or publicity, loss of service by
other subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of the Terms of Use.
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GOVERNING LAW AND JURISDICTION
The Terms of Use and the Policies shall
be construed in accordance with the applicable laws of India. For proceedings
arising therein the Courts at Mumbai shall have exclusive jurisdiction.
Any dispute or difference either in
interpretation or otherwise, of the Terms of Use and other Policies on the
Site, between the parties hereto, shall be referred to an independent
arbitrator who will be appointed by mutually and his decision shall be final
and binding on the parties hereto. The above arbitration shall be in accordance
with the Arbitration and Conciliation Act, 1996 as amended from time to time.
The seat and venue of arbitration shall be held in Mumbai.
Without any prejudice to particulars
listed in Clause 10 above, the Company shall have the right to seek and obtain
any injunctive, provisional or interim relief from any court of competent
jurisdiction to protect its trademark or other intellectual property rights or
confidential information or to preserve the status quo pending arbitration.
For disputes relating to orders outside
India, International arbitration rules of Indian Arbitration and Conciliation
Act 1996 shall apply. The seat and venue of international arbitration shall be
Mumbai.
1.
SITE SECURITY
You are prohibited from violating or
attempting to violate the security of the Site, including, without limitation,
1.
accessing data not intended for you or
logging onto a server or an account which you are not authorized to access;
2.
attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization;
3.
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;"
4.
sending unsolicited email, including
promotions and/or advertising of products or services; or
5.
forging any 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
The Company is entitled to investigate
occurrences that may involve such violations and may involve, and co-operate
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 the Company on this Site and other than generally available third party
web browsers (e.g., Netscape Navigator, Microsoft Explorer).
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ENTIRE AGREEMENT
If any part of these Terms of Use 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 Terms of Use shall continue
to be in effect. Unless otherwise specified herein, these Terms of Use
constitutes the entire agreement between you and Company with respect to the
Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written.
Company's failure to act with respect
to a breach by you or others does not waive its right to act with respect to
the breach or subsequent and similar breaches.
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GENERAL
You acknowledge and hereby agree to
these Terms and Conditions and that it constitute the complete and exclusive
agreement between us concerning your use of the Site, and supersede and govern
all prior proposals, agreements, or other communications.
We reserve the right, in our sole
discretion, to change/ alter/ modify these Terms and Conditions at any time by
posting the changes on the Site. Any changes are effective immediately upon
posting to the Site. Your continued use of the Site thereafter constitutes your
agreement to all such changed Terms and Conditions. We may, with or without
prior notice, terminate any of the rights granted by these Terms and
Conditions. You shall comply immediately with any termination or other notice,
including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and
Conditions shall be construed as creating any agency, partnership, affiliation,
joint venture or other form of joint enterprise between us. Our failure to
require your performance of any provision hereof shall not affect our full
right to require such performance at any time thereafter, nor shall our waiver
of a breach of any provision hereof be taken or held to be a waiver of the
provision itself. In the event that any provision of these Terms and Conditions
shall be unenforceable or invalid under any applicable law or be so held by any
applicable arbitral award or court decision, such unenforceability or
invalidity shall not render these Terms and Conditions unenforceable or invalid
as a whole but these Terms and Conditions shall be modified, to the extent
possible, by the adjudicating entity to most fully reflect the original intent
of the parties as reflected in the original provision. The headings in the
Terms and Conditions are for convenience only and shall not be used in its
interpretation.
**All Partnership/Affiliates coupon
codes will be invalid during the sales period. However, they will be redeemable
and functional as the sale ends.