Terms and Conditions
TERMS AND CONDITIONS - Thank you for visiting corkiza.com (hereafter this "website"). By accessing or using this Site, you (User) agree to comply with the terms and conditions governing User use of any areas of corkiza.com (the Site) as set forth below. This document (these "Terms and Conditions") is a legally binding agreement between you (including the organization that you represent, if any) and the website. When you visit or shop at this website you automatically agree to be bound by these Terms and Conditions.
Internet technologies and the laws related to them, change frequently, and accordingly, the website reserves the right to modify these Terms and Conditions at any time. Your continued use of this website constitutes your acceptance of such modified Terms and Conditions. Whenever you visit this website you should review the Terms and Conditions. If you do not agree with any of these Terms and Conditions, do not use the website.
USE OF WEBSITE - This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose except as expressly permitted by Corkiza. Corkiza and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Corkiza believes that User conduct violates applicable law or is harmful to the interests of Corkiza or its affiliates.
Eligibility - This website may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 18 may use this website without the permission and supervision of a parent or legal guardian. Your use of this website will be deemed to be a representation that you are 18 years of age or older or using this website with the permission of your parent or legal guardian.
PROPRIETARY RIGHTS IN CONTENT - User acknowledges that this website contains content, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, and other material (collectively Content) that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The compilation (meaning the collection, arrangement and assembly) of all Content on this Site is the exclusive property of Corkiza and protected by international copyright laws. All software used on this website is the exclusive property of Corkiza and protected by international copyright laws. The Content and software on this website may be used as a shopping and selling resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Content of this website is strictly prohibited.
SUBMISSION OF INFORMATION OR CONTENT - Corkiza welcomes User comments, information and submissions (collectively, Submission). Corkiza, however, does not assume any obligation with respect to any Submission and no confidential or fiduciary understanding or relationship is established by Corkiza receipt or acceptance of any Submission. All Submissions become the exclusive property of Corkiza and its affiliates. Corkiza and its affiliates may use any Submission without restriction and User shall not be entitled to any compensation.
ONLINE CONDUCT - User agrees to use this website only for lawful purposes. User is prohibited from posting on or transmitting through Corkiza any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If Corkiza is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, Corkiza may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Corkiza. Corkiza may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Corkiza; or (iii) to protect the rights or property of Corkiza, its Users or Providers.
Corkiza reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, this website, the communities that make up Corkiza, or any rights of Corkiza or its affiliates or any other party. Notwithstanding the foregoing, neither Corkiza nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Corkiza, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Corkiza.
Account Security - You may create your own account by completing the online registration process on this website. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is particularly important to keep the email address associated with your account current because, although you may be able to log into this website using an old email address, you will not be able to receive messages from us.
Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of this website if we believe that your password is being used without your permission or otherwise in a manner that may disrupt this website.
DISCLAIMERS AND LIMITATION OF LIABILITY - User agrees that use of this website is at User's sole risk. Neither Corkiza, nor its affiliates, nor any of their respective officers, employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, Providers), warrant that this website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this website, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Site. This website is provided by corkiza on an as is and as available basis. Corkiza makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. to the full extent permissible by applicable law, corkiza disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Corkiza will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive and consequential damages. Under no circumstances shall Corkiza or any other party involved in creating, producing, or distributing this website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this website, including but not limited to reliance by a User on any information obtained from corkiza or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Corkiza's records, programs, or services. User hereby acknowledges that these disclaimers and limitation on liability shall apply to all content, merchandise, and services available through this Site. In states that do not allow the exclusion of limitation or limitation of liability for consequential or incidental damages, User agrees that liability in such states shall be limited to the fullest extent permitted by applicable law.
Shipping Limitations - When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the website and is otherwise valid.
Errors - It is our intention to make this website thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on this website may be incorrect, incomplete, or inaccurate. We apologize in advance for any such errors that may result in an incorrect price, item unavailability or otherwise affect your order. Please understand that the content of this website is presented on an "as is" basis and we make no claim as to its accuracy, either expressed or implied. We reserve the right to correct errors (whether by changing information on this website or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice.
Product Descriptions - We attempt to describe our products, including their colors, as accurately as possible; however, the appearance of those colors may vary as a result of the quality of your monitor and for other reasons. We cannot guarantee that your monitor's display of any color will be accurate. We also make no guarantees with respect to the accuracy, completeness, reliability, of our product descriptions.
Prohibited Conduct - In your use of this website, you shall not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of this website or any websites linked to it; (iii) interfere with or damage this website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, or reverse engineering any technology used to provide this website; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including, without limitation, the Company or create or use a false identity; (v) attempt to obtain unauthorized access to this website or portions of this website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to this website; (viii) use any meta tags or any other "hidden text" utilizing our name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Company; (x) engage in any activity that interferes with any third party's ability to use or enjoy this website; or (xi) assist any third party in engaging in any activity prohibited by these Terms and Conditions.
Third-party Services - Certain third parties provide services on or through this website. We do not warrant the offerings of any of these third parties. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
Links to Other Websites - This website contains hyperlinks to outside services and resources which are not owned, operated, or affiliated with the Company, and which the Company does not control. These hyperlinks take the user outside the website and any concerns or issues relating to goods or services offered for sale at such websites, or such websites themselves, should be directed to the particular company or resource that owns and/or operates this website in question. We will have no liability for such third-party sites.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS - This website is provided "as-is" and "as available". We make no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included or sold through it. By using this site, you agree to assume full responsibility for any costs associated with servicing or repairs of any equipment you use in connection with your use of the web. To the extent permissible under applicable law, the company, on behalf of itself, its affiliates, and suppliers: (1) disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of title, non-infringement, accuracy, merchant ability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance, custom, or trade; and (2) does not warrant that this site, its servers, email, or any other aspect thereof are free of viruses or other harmful components. You fully assume all risk and responsibility for your use of the content of this website and all products sold thereon.
Statute of Limitations - You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of this website, must be filed within three months after such claim or cause of action arises, or forever be barred.
Force Majeure - We will not be liable for failing to perform by the occurrence of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, acts of terrorism, natural disaster or war.
Indemnification - You agree to defend, indemnify, and hold Corkiza and its affiliates, and their respective officers, employees, agents, distributors, and vendors harmless from and against any and all claims, damages, losses, liabilities, costs and expenses, including, without limitation, attorneys' fees, arising from, connected with, or related to: (i) your use of this website; (ii) your alleged breach of these Terms and Conditions; or (iii) any activity related to your account by you or any other person accessing the site using your account.
Rewards - Our Rewards Program allows members to receive offers based on their purchases and their Activity Balance.
Arbitration of Disputes - Any dispute arising from, relating to, or connected with your visit to this website or any affiliated website must be submitted to confidential arbitration in Delhi; except to the extent and manner you have violated or threatened to violate any rights of Corkiza or its affiliates. The arbitration award shall be binding and can be entered as a judgment in any court of competent jurisdiction. Corkiza or its affiliates may then seek injunctive or other appropriate relief in any court of law.
Notice - All notices required by or permitted to be given under these Terms and Conditions will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) Speed Post by Department of Post, (iii) overnight courier, or (iv) electronic mail. If you give notice to the Company, you must use the address shown on this website. If we provide notice to you, we must use the contact information provided by you during the registration process. All notices will be deemed received as follows: (i) if by hand delivery, on the date of delivery, (ii) if delivery by Speed Post, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.
Modification & Termination - Corkiza may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of this website, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so. If you do not agree with any changes made to this website, you may elect not to use or visit this website.
We reserve the right to immediately terminate your right to use this website at any time and for any reason, with or without notice. Neither the Company nor its affiliates will have any liability for such termination.
If you have an account, you may terminate your account for any reason at any time by providing notice to us of your intention to do so, subject to these Terms and Conditions.
If your account is terminated, Corkiza may, in its sole discretion, delete any websites, files, graphics or other content or materials relating to your use of this website and we will have no liability to you or any third party for doing so. Following termination, you will not be permitted to use this website. If your account or your access to this website is terminated, Corkiza reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to this website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP). Regardless of whether you have the right to access or use this website or the Services, these Terms and Conditions will survive indefinitely unless and until we choose to terminate them.
Miscellaneous - These Terms and Conditions (including the documents referenced herein) contain the entire understanding between you and us regarding this website, and supersede all prior and contemporaneous agreements and understandings regarding its subject matter. These Terms and Conditions will be binding upon each party and its successors and permitted assigns, and governed by and construed in accordance with the laws of India without reference to conflict of law principles. These Terms and Conditions and all of your rights and obligations under them will not be assignable or transferable by you without the prior written consent of the firm. Corkiza may freely assign these Terms and Conditions, in whole or in part. No failure or delay by a party in exercising any right, power, or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms and Conditions. The parties are independent contractors, and no agency, partnership, joint venture, and/or employee-employer relationship is intended or created by these Terms and Conditions.
The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect. If any term or provision of this agreement is determined by a court or arbitrator of competent jurisdiction to be invalid or unenforceable in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable and consistent with the manifest intentions of the parties. If such construction or limitation is impossible, the unenforceable provision will be stricken, and the remaining provisions of this agreement will remain valid and enforceable.
" 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.”