You Agree and Confirm
1. That if a non-delivery occurs on account of a mistake by you
(i.e. wrong name or address or any other wrong information) any extra cost
incurred by Horsewala.com for redelivery shall be claimed from you.
2. That you will use the services provided by Horsewala.com, its affiliates,
consultants, and contracted companies, for lawful purposes only and comply with
all applicable laws and regulations while using the Site and transacting on the
Site.
3. You will provide authentic and true information in all instances where such
information is requested of you. Horsewala.com reserves the right to confirm
and validate the information and other details provided by you at any point of
time. If upon confirmation your details are found not to be true (wholly or
partly), Horsewala.com has the right in its sole discretion to reject the
registration and debar you from using the Services of Horsewala.com and / or
other affiliated websites without prior intimation whatsoever.
4. That you are accessing the services available on this Site and transacting
at your sole risk and are using your best and prudent judgment before entering
any transaction through this Site
5. That the address at which delivery of the product ordered by you is to be
made will be correct and proper in all respects.
6. That before placing an order you will check the product description
carefully. By placing an order for a product, you agree to be bound by the
conditions of sale included in the item’s description.
You may not use the Site for any of the following purposes:
1. Disseminating any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal
offence result in civil liability or otherwise breaches any relevant laws,
regulations, or code of practice.
3. Gaining unauthorized access to other computer systems.
4. Interfering with any other person’s use or enjoyment of the Site.
5. Breaching any applicable laws;
6. Interfering or disrupting networks or web sites connected to the Site.
7. Making, transmitting, or storing electronic copies of materials protected by
copyright without the permission of the owner.
Colours
We have made every effort to display the colors of our products
that appear on the Site as accurately as possible. However, as the actual
colors you see will depend on your monitor, we cannot guarantee that your
monitor’s display of any color will be accurate.
Modification of Terms & Conditions of Service
Horsewala.com may at any time modify the Terms & Conditions
of Use of the site without any prior notification to you. You can access the
latest version of the User Agreement at any given time on Horsewala.com. You
should regularly review the Terms & Conditions on Horsewala.com. In the
event the modified Terms & Conditions is not acceptable to you, you should
discontinue using the service. However, if you continue to use the service you
shall be deemed to have agreed to accept and abide by the modified Terms &
Conditions of Use of this site.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the
applicable laws of India. The Courts at Kanpur shall have exclusive
jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms
of this User Agreement between the parties hereto, the same shall be referred
to an independent arbitrator who will be appointed by Horsewala.com 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 arbitration shall be held in Mumbai. The
High Court of judicature at Mumbai alone shall have the jurisdiction and the
Laws of India shall apply.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas,
and other submissions disclosed, submitted, or offered to Horsewala.com on or
by this Site or otherwise disclosed, submitted, or offered in connection with
your use of this Site (collectively, the “Comments”) shall be and remain
Horsewala.com property. Such disclosure, submission or offer of any Comments
shall constitute an assignment to Horsewala.com of all worldwide rights, titles
and interests in all copyrights and other intellectual properties in the
Comments. Thus, Horsewala.com owns exclusively all such rights, titles and
interests and shall not be limited in any way in its use, commercial or
otherwise, of any Comments.
Horsewala.com 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. Horsewala.com is 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 Site 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 Site 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”.
Horsewala.com does not regularly review posted Comments, but
does reserve the right (but not the obligation) to monitor and edit or remove
any Comments submitted to the Site. You grant Horsewala.com 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
Horsewala.com and its affiliates for all claims resulting from any Comments you
submit. Horsewala.com and its affiliates take no responsibility and assume no
liability for any Comments submitted by you or any third party.
Copyright & Trademark
Horsewala.com and its suppliers and licensors expressly reserve
all intellectual property rights in all text, programs, products, processes,
technology, content, and other materials, which appear on this Site. Access to
this Site does not confer and shall not be considered as conferring upon anyone
any license under any of Horsewala.com or any third party’s intellectual
property rights. All rights, including copyright, in this website are owned by
or licensed to Horsewala.com. 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 permission of
Horsewala.com. You may not modify, distribute or re-post anything on this
website for any purpose.
The Horsewala.com names and logos and all related product and
service names, design marks and slogans are the trademarks or service marks of
Horsewala.com. All other marks are the property of their respective companies.
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 name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third
parties or hypertext links to third party sites or information are provided
solely as a convenience to you and do not in any way constitute or imply
Horsewala.com endorsement, sponsorship or recommendation of the third party,
information, product or service.
Horsewala.com is not responsible for the content of any third party sites and
does not make any representations regarding the content or accuracy of material
on such sites. 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 Site (collectively, the “Contents”)
are intended solely for personal, non-commercial use. You may download or copy
the Contents and other downloadable materials displayed on the Site for your
personal use only. No right, title or interest in any downloaded materials or
software is transferred to you because 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 Contents, the Site or
any related software. All software used on this Site is the property of
Horsewala.com or its suppliers and protected by Indian and international
copyright laws. 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 Site (collectively, the “Contents”)
are intended solely for personal, non-commercial use. You may download or copy
the Contents and other downloadable materials displayed on the Site for your
personal use only. No right, title or interest in any downloaded materials or
software is transferred to you because 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 Contents, the Site or any
related software. All software used on this Site is the property of
Horsewala.com or its suppliers and protected by Indian and international
copyright laws.
The Contents and software on this Site may be used only as a
shopping resource. Any other use, including the reproduction, modification,
distribution, transmission, republication, display, or performance, of the
Contents on this Site is strictly prohibited. Unless otherwise noted, all
Contents are copyrights, trademarks, trade dress and/or other intellectual
property owned, controlled, or licensed by Horsewala.com, one of its affiliates
or by third parties who have licensed their materials to Horsewala.com and are
protected by Indian and international copyright laws. The compilation (meaning
the collection, arrangement, and assembly) of all Contents on this Site is the
exclusive property of Horsewala.com and is also protected by Indian and
international copyright laws.
Objectionable Material
You understand that by using this Site or any services provided
on the Site, 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 Site and any service at your sole risk
and that to the fullest extent permitted under applicable law, Horsewala.com
and its affiliates shall have no liability to you for Content that may be
deemed offensive, indecent, or objectionable to you.
Indemnity
You agree to defend, indemnify and hold harmless Horsewala.com ,
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
Horsewala.com or any third party 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 this User Agreement 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 this User
Agreement.
Termination
This User Agreement is effective unless and until terminated by
either you or Horsewala.com. You may terminate this User Agreement at any time,
if you discontinue any further use of this Site. Horsewala.com may terminate
this User Agreement at any time and may do so immediately without notice, and
accordingly deny you access to the Site, such termination will be without any
liability to Horsewala.com. Upon any termination of the User Agreement by
either you or Horsewala.com, 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 User Agreement or otherwise.
Horsewala.com’ 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 Site or affect any liability that may have arisen under the User Agreement.
Limitation of Liability and Disclaimers
The Site is provided without any warranties or guarantees and in
an “As Is” condition. You must bear the risks associated with the use of the
Site.
The Site provides content from other Internet sites or resources
and while Horsewala.com tries to ensure that material included on the Site is
correct, reputable and of high quality, it cannot accept responsibility if this
is not the case. Horsewala.com 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 Site.
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, Horsewala.com or its
suppliers shall not be liable for any indirect, incidental, special,
incidental, 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 Site, its services, or this User Agreement.
Without prejudice to the generality of the section above, the
total liability of Horsewala.com to you for all liabilities arising out of this
User Agreement be it in tort or contract is limited to the value of the product
ordered by you.
Horsewala.com , its associates and technology partners make no representations
or warranties about the accuracy, reliability, completeness, current-ness
and/or timeliness of any content, information, software, text, graphics, links
or communications provided on or through the use of the Site or that the
operation of the Site will be error free and/or uninterrupted. Consequently,
Horsewala.com 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
Site; and/or any interruption or errors in the operation of the Site.
Site Security
You are prohibited from violating or attempting to violate the
security of the Site, including, without limitation, (a) accessing data not
intended for you or logging onto a server or an account which you are not
authorized to access; (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization; (c) 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;” (d) sending unsolicited email, including promotions and/or
advertising of products or services; or (e) 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. Horsewala.com 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 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 Horsewala.com on this
Site and other than generally available third-party web browsers (e.g.,
Netscape Navigator, Microsoft Explorer).
Entire Agreement
If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed to be superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire agreement
between you and Horsewala.com with respect to the Horsewala.com sites/services
and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between you and Horsewala.com with respect
to the Horsewala.com sites/services. Horsewala.com 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.