MADHURAM STORES TERMS AND CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
The domain name www.madhuramstores.com (hereinafter referred to as “Website”) is owned by Chaitanya Mahaprabhu Namabhiksha Kendra, a Trust having its registered office at Plot No 11, Door No 4/11, Netaji Nagar Main Road, Ashok Nagar, Chennai – 600022, Tamilnadu, India (hereinafter referred to as “Madhuram Stores”).
By using the Website you agree to be bound by these Terms.
We reserve the right to:
(a) update these Terms from time to time and it is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and
(b) modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
You warrant that: the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity
The products purchased on this site are for private and domestic use only and are not for re sale or any commercial purpose. You will notify us immediately of any changes to the personal information by e-mailing our customer service representatives at:
e-mail address: firstname.lastname@example.org
4. Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(b) interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;
(d) harm minors in any way;
(e) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(f) violates any law for the time being in force;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(j) shall not be false, inaccurate or misleading;
(k) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
(l) You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
(m) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
(n) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
(o) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Madhuram Stores, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Madhuram Stores or otherwise tarnish or dilute any Madhuram Stores’ trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Madhuram Stores’s systems or networks, or any systems or networks connected to Madhuram Stores.
(p) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
(q) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
(s) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT/GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your purchase and solicitation of offers to purchase.
(u) It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
(v) Madhuram Stores shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally.
When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information.
6. Protecting Your Security
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with law.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use.
All orders are subject to acceptance and availability. If the goods/materials ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or (ii) dispatch the goods to you (iii) permit you to download the content.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
9. Digital Content Product and Rights
Music & Audio (MP3 format) and Video (Mp4 format): You may be able to purchase DRM-free digital audio in MP3 file format and the video in MP4 format on the Website. Such MP3 files and MP4 shall be provided to You as per selection provided by us, subject to certain limitations as described by us. You shall be granted specified download rights of DRM-free MP3 files or the MP4 file from the catalogue of MP3 and MP4 displayed on the Website. The MP3 may include full-length MP3 audio tracks and the MP4 files at best available bit rate and certain other premium features, as may be provided on the Website from time to time.
10. Rights Granted
11. Price and Payment
All prices shown on the Website are inclusive of GST (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you (save that any changes will not affect orders in respect of which we have sent you a Dispatch Confirmation).
Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of your good or provision of the download service to you.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 8, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods (but they have not yet been dispatched/downloaded), then you will receive a full refund.
You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged.
12. Eligibility to Purchase
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
13. All Sales Final
Downloading and Risk of Loss:
All sales of MP3/MP4files are final. Returns of MP3/MP4 files are not permissible on website. Once You have purchased MP3/MP4 files, Madhuram Stores encourages You to download it promptly. If You are unable to complete a download, please contact us within 24 hours of the payment.
14. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, neither for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
15. Intellectual Property
The content of the Website and content supplied as part of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
Your request to download a MP3 music file is personal to You, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other User. The license to downloaded tracks includes only those rights explicitly stated herein (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner. You shall promptly notify Us in writing upon your discovery of any unauthorized use or infringement.
16. Disclaimer Of Warranties and Liability
You agree that we shall have no liability to You for MP3/MP4 file downloaded by You on the Website if You find the same to be offensive and/or objectionable through the audio/video files.
Further Madhuram Stores assumes no liability if your media player does not support the file format made available on the Website or your browser does not support the music/video download option made available by on the Website.
You bear all risk of loss after purchase and for any loss of MP3/MP4 files You have downloaded, including any loss due to a computer or hard drive crash.
We may, from time to time, at our sole discretion, remove MP3/MP4 files from the Service without notice.
Notwithstanding any other provision in the Terms, nothing in these Terms:
While availing any of the payment method/s available on the Website, Madhuram Stores 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 will be made through our Payment provider, CCAvenue and your payment data will be collected and processed securely by them for transfer of payment.
The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We 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 Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
Without prejudice to the forgoing paragraph, Madhuram Stores does not warrant that:
Madhuram Stores will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Madhuram Stores does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
20. Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
21. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India and any disputes will be decided only by the Courts in Chennai.