These terms and conditions of use in accordance with the Information Technology Act, 2000 and such rules stated are applicable for amendment under provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
This document is concerned with the subject matter of the provisions mentioned in the Rule 3(1) of the Information Technology Act, 2000 for the purpose of enabling the access to the website by publishing the rules and regulations, privacy policy and Terms of Use for public access or usage of www.theperfectbazaar.com website.
The website www.theperfectbazaar.com (hereafter referred as the website) is owned and operated by theperfectbazaar Sports Private Limited, a company incorporated under the Companies Act, 1956 with its office at Konark Enclave, Sector 17d,Vasundhara, Ghaziabad, Uttar Pradesh - 201012, India (hereafter referred as "Theperfectbazaar" ).
"Buyer" herein specified asthe user (including but not restricted to an individual) browsing the website for the purchase of a displayed product at the mentioned terms and conditions, "Seller" herein specified as the user uploading his/her products onto the website platform in-order to sell.
For the purpose of these Terms and conditions, wherever required in the context "You" or the "User" (including but not restricted to the buyer and seller) shall be a natural or legal person who has agreed to become a buyer (or a seller in case) on the Website by providing the user information required for the registration onto the website using a computer system. theperfectbazaar alongside also enable the user to surf, browse, search information and buy products on its website without the obligation of registration on the Website. The following terms "we", "us" and "ours" hereafter refers to Theperfectbazaar Sports Private Limited.
For the reason of use of any services by You, provided by theperfectbazaar.com or its affiliates shall be subject to the Terms of Use as per the policies, rules, guidelines and conditions mentioned in the website, with theperfectbazaar holding the right/s to change and modify these rules and guidelines as per its own discretion without any prior written notice. Which in-turn will be reflected in the Terms of Use, Privacy Policies and other declarations open for public view, wherein you hold the responsibility of viewing the terms and conditions from time to time.
YOUR ACCESSING, BROWSING, USING AND SURFING THE WEBSITE CONFIRMS YOUR AGREEMENT TO THE TERMS AND CONDITIONS UNDER THESE TERM AND CONDITIONS. THEREFORE PLEASE READ THEM CAREFULLY BEFORE PROCEEDING. IN CONJUCTION TO YOUR AGREEMENT TO ALL THE DOMESTIC AND INTERNATIONAL LAWS ALONG WITH REGULATIONS (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies)
With your implied or expressive acceptance of these terms and conditions you also agree to be legally bound by theperfectbazaar’s Policies (including but limiting to the Privacy Policies)
Welcome to our online store! theperfectbazaar.com and its associates provide their services to you subject to the following conditions. If you visit or shop within theperfectbazaar.com, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices. We regard your information as the most important asset and we view to keep this information confidential. All the procedures and guidelines are being undertaken as per the Information Technology Act, 2000. For more information please read the privacy policies of theperfectbazaar.
As per the provisions of the Indian Contract Act, 1872, the use of the website is only limited to the person who is eligible to enter a binding contract in India. Such restrictions are implemented on the people who are incompetent with respect to the Indian Contract Act’s provisions (including but not restricted to minors, un-discharged, insolvents, and person with unsound mind etc.) are not entitles to use, register or transact on the website. In-case you are a minor, you can attain guidance and help from your legal guardians and parents to operate the website. In-case theperfectbazaar is notified that you are incompetent to hold an account or use the website, theperfectbazaar has the complete authority to dismiss your account and restrict your admission onto the website.
You agree, undertake and confirm that ‘Your’ use of Website shall be strictly governed by the following binding principles:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is generated by theperfectbazaar internally, therefore all the rights of the content posted onto the website is exclusively held by theperfectbazaar. Only in the case of review writing we accept information for public display from the user directly to be posted on the website, therefore the user (You) must not input any information that is insulting, defamatory, unethical, abusive and unlawful.
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, theperfectbazaar does not warrant that: • This Website will be constantly available, or available at all; or • The information on this Website is complete, true, accurate or non-misleading.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Further:
When you visit theperfectbazaar.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
This hereby, specifies that all the content, (including, music, images, pictures, information, writings and other artworks) are subject to the protection under the Intellectual Property Rights as per the Laws in India.
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. theperfectbazaar make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and theperfectbazaar is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
theperfectbazaar respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to theperfectbazaar at contact@theperfectbazaar.com.
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations is the property of theperfectbazaar.com or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of theperfectbazaar.com, with copyright authorship for this collection by theperfectbazaar.com, and protected by international copyright laws.
theperfectbazaar.com trademarks and trade dress may not be used in connection with any product or service that is not theperfectbazaar.com in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits theperfectbazaar.com. All other trademarks not owned by theperfectbazaar.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by theperfectbazaar.com or its subsidiaries.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password or computer or any access device. theperfectbazaar.com shall not be liable in cases of password/account hacking or in any cases where password or account information is disclosed to others due to the user's negligence.
theperfectbazaar online store does not sell products to children or minors. Products, which may be intended for children and sold through the theperfectbazaar Online Store site, shall be purchased by adults who can make purchases once their theperfectbazaar online store account has been approved. If you are under 18 years old, you may use theperfectbazaar online store only through a parent or guardian. theperfectbazaar and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
In accordance, with the above mentioned information, all the disclosed information from your end must be accurate and correct including your phone/mobile number, address of delivery, email address and other information supplemented.
The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
You may not manipulate identifiers or forge headers otherwise in order to disguise the origin of any message or transmittal that You send to Us on or through any service offered by the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. theperfectbazaar reserves the right to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant theperfectbazaar and its affiliates a non- exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant theperfectbazaar and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause any damage and/or injury to any person or entity; and that you will indemnify theperfectbazaar or its affiliates for all claims resulting from the content you supply. theperfectbazaar has the right to monitor and edit or remove any activity or content. theperfectbazaar takes no responsibility and assumes no liability for any content posted by you or any third party.
theperfectbazaar shall block any user who violates any of the provisions of these Terms and Conditions pertaining to reviews, communications, and other content, among others.
Some items purchased or services availed from theperfectbazaar Online Store may be made pursuant to a shipment contract. In which case, the risk of loss and title for such items pass to you upon our delivery to the carrier.
Non-physical products and services including, but not limited to, theperfectbazaar is directly credited by the theperfectbazaar system to the recipient’s number or account. Risk of loss is passed on to the target recipient’s number or account upon crediting of airtime.
theperfectbazaar reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, theperfectbazaar may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
theperfectbazaar may modify any product or service at any time without notice to you and this may affect the information saved in your shopping kit. theperfectbazaar and its affiliates attempt to be as accurate as possible. However, theperfectbazaar does not warrant that product or service descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a physical product offered by theperfectbazaar Online Store is not as described, your sole remedy is to return it in unused condition. Non-physical products and services including, but not limited to, theperfectbazaar, however, are non- returnable. theperfectbazaar also reserves the right to limit the number of items available for purchase or the amount of orders to be placed through this website.
With respect to products or services offered for sale by theperfectbazaar Online Store, prices are posted on the website before you place an order. We do not charge you until after your order have been confirmed by our payment gateways. theperfectbazaar reserves the right to change the prices of products or services offered for sale. The List Price shall be inclusive of Value Added Tax (VAT). theperfectbazaar will issue a payment record to the customer for every paid and completed transaction.
You agree and represent that you are buying only for your own personal and individual use and not for resale or export.
theperfectbazaar reserves the right of updating information for actually utilizing your soft toys and sports good. All such information is under strict copyright laws and shall not be copied in any other form. If found guilty of reusing such information, without prior permission from theperfectbazaar and/or ADSUP Marketing Solution PVT LTD in written, necessary legal actions shall be taken.
theperfectbazaar shall not be liable for any delay or failure in performance caused by force majeure, which shall include, but not limited to earthquakes, flood, typhoons, epidemics, war, rebellion, insurgency, riots, invasion of the Philippines by another country, strikes, lockouts, boycotts or any forms of work stoppage, government restriction or pending order of competent court.
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website.
Any dispute relating in any way to your visit to theperfectbazaar online store or to the products or services you purchase through theperfectbazaar online store shall be submitted to confidential arbitration in ADSUP Marketing Solution Pvt. Ltd. (theperfectbazaar.com) ,Konark Enclave, Pocket E, Sector 17, Vasundhara, Ghaziabad, Uttar Pradesh 201012 except that, to the extent you have in any manner violated or threatened to violate theperfectbazaar' s intellectual property rights, in which case, you agree that theperfectbazaar may seek injunctive or other appropriate relief in any court in India, and you consent to the exclusive jurisdiction of such courts and venue. Arbitration under these Terms and Conditions shall be conducted under the applicable arbitration laws of India. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined, without theperfectbazaar's prior written consent, to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Following are the indicative examples of potential disputes:
Please read through our return policies to understand the given outlines for the return of the product/s under given circumstances.
Please review our other policies posted on this site. These policies also govern your visit to theperfectbazaar online store. theperfectbazaar reserves the right to make changes to our site, policies, and these Terms and Conditions at any time without further notice. Your continued use of theperfectbazaar Online Store after any such changes to these Terms and Conditions constitutes acceptance of the new Terms and Conditions. If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
theperfectbazaar and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide theperfectbazaar with the written information specified below: Please note that this procedure is exclusively for notifying SMART and its affiliates that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; • A description of the copyrighted work that you claim has been infringed upon; • Your address, telephone number, and e-mail address; • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You shall indemnify and hold harmless theperfectbazaar, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Noida (GautamBudhnagar).
ADSUP Marketing Solution Pvt. Ltd. (theperfectbazaar.com), Konark Enclave, Pocket E, Sector 17, Vasundhara, Ghaziabad, Uttar Pradesh 201012
*Date Modified - These Terms and Conditions were last modified on 20 July, 2017.