Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY:
This document is a legally binding agreement between you as the user(s) of the Site (referred to as “you”, “your”, "Customer" or “User(s)” hereinafter) and Aniket Metals Private Limited (referred to as “we”, “us” or “our” hereinafter).
Application and Acceptance of the Terms
By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms.
You may not use the Services and may not accept the Terms if (a) you are not of legal age (at least 18 years old) to form a binding contract with us or (b) you are not permitted to receive any Services under the laws of local countries/regions including the country/region in which you are resident or from which you use the Services.
You acknowledge and agree that we may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
If we have posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
Provision of Services
You must register on the Site in order to access and use some Services. Further, we reserve the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to Users or subject to other conditions that we may impose at our discretion.
Some Services may be provided by our affiliates on our behalf.
Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. We may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
We may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with us, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from us is prohibited. Use of any Site Content for any purpose not expressly permitted in the Terms is prohibited.
You must read our Returns and Refunds Policy which governs return, exchange and/ or refunds of our products. You accept the terms of the Returns and Refunds Policy and agree that your purchase of our product is subjected to the same.
We may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' website. You are cautioned to read such website’s terms and conditions and/or privacy policies before using the Site. You acknowledge that we have no control over such third parties' website, does not monitor such website, and shall not be responsible or liable to anyone for such website, or any content, products or services made available on such website.
You agree not to undertake any action to undermine the integrity of our computer systems or networks and/or any other User nor to gain unauthorized access to such computer systems or networks.
While posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to us or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to us to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, such as using as product description on our website, advertising outside this website and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above license.
You agree to provide all information and materials as may be reasonably required by us in connection with orders placed at the Site. We have the right to suspend or terminate any User’s account if the User fails to provide the required information and materials or provides inaccurate or fraudulent information.
Each User agrees that we shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any use or storage of any products by the User purchased from gobbleonline.com.
You agree to rules and regulations around website promotions, discounts, bundles and similar price offerings.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS SET FORTH HEREIN OR IN WARRANTIES ISSUED BY US, THE PRODUCTS AND SERVICES PROVIDED BY US ON OR THROUGH GOBBLEONLINE.COM ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS, AND WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; WE DO NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to our computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User through or from the Site shall create any warranty not expressly stated herein.
Each User hereby further agrees to indemnify and save us, our affiliates, business partners, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third party rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that we are not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.
We shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: a) the use or the inability to use the Site or Services; b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site; c) unauthorized access by third parties to data or private information of any User; d) statements or conduct of any User of the Site; or; e) any matters relating to Services however arising, including but not limited to negligence.
Notwithstanding any of the foregoing provisions, the aggregate liability of us, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the amount of purchase price the User has paid to us or our affiliates during the calendar year. The preceding sentence shall not preclude the requirement by the User to prove actual damages.
The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
Under no circumstances shall we be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Intellectual Property Rights
We and/ or our relevant business partner are the sole owner or lawful licensee of all the rights and interests in the Services, Site and the Site Content (including but not limited to user submitted reviews, images, videos, and any other type of user submitted content). The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with us and/ or our relevant business partner, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by us and/ or our relevant business partner are hereby reserved.
We may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
All legal notices or demands to or upon us shall be made in writing and sent to us personally, by courier, certified mail, or facsimile to the following address: 11th floor, Lotus Business Park, Mumbai, Maharashtra 400053[insert address]. The notices shall be effective from when they are received by us in any of the above-mentioned manners.
All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to us, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge.
You agree that all agreements, notices, demands, disclosures and other communications that we send to you electronically satisfy the legal requirement that such communication should be in writing.
Our standard delivery time varies from 10 (ten) to 15 (fifteen) business days depending on your area of service. We provide an estimation of delivery dates while you place your order. However, unforeseen circumstances may cause delays in delivery.
Subject to any additional agreements, the Terms constitute the entire agreement between you and us with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
We and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the Terms.
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of our right to act with respect to subsequent or similar breaches.
We shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any of our affiliates). You may not assign, in whole or part, the Terms to any person or entity.
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