Terms of Use
Welcome to www.bangerheads.in (“Site”), owned and operated by Frazerkart OPC Private Limited (“Company” or “We” or “Our”). The Company is incorporated under the provisions of the Companies Act, 1956, with its registered office at G 62/6 Shanti Nagar Toph Sherkhania Jammu, J&K-180001. Whether you access our Site from a computer or mobile phone device (via an iOS or Android application), these Terms of Use govern your usage of our Site and your behavior. These Terms of Use also cover all products offered on the Site.
The Site is designed for personal, non-commercial use and information purposes only. Your use of the Site and its features will be regulated by these Terms and Conditions (“Terms of Use”), in conjunction with the Privacy Policy, Shipping Policy, and Cancellation, Refund, and Return Policy (collectively referred to as “Policies”), subject to modifications and amendments over time.
By accessing or using the Site, you are agreeing to be bound by these Terms of Use and Policies, irrespective of whether you have read them or not. Your access, browsing, or use of the Site implies your unconditional agreement to all terms and conditions outlined in this agreement. We advise against using the Site if you do not agree to any terms mentioned in the Terms of Use or the Policies. It’s your responsibility to ensure that your access to the Site and its content complies with the laws of the jurisdiction from which you access the Site.
The Company retains the right to unilaterally amend the Terms of Use and Policies without prior notice, at its sole discretion. Any modifications will be effective immediately upon being uploaded to the Site. Your continued use of the Site post any changes indicates your acceptance of the modified Terms of Use and Policies, even if you haven’t reviewed them. Therefore, it’s recommended to regularly review these Terms of Use and Policies to stay informed about the governing terms and conditions of your Site usage.
Information of Your Account
This Site is intended for use by adults (individuals aged 18 years and above) exclusively. It is assumed that any minors accessing our Site are under the supervision of their legal guardians. The Company and its affiliates do not knowingly collect information from minors. It is your responsibility to maintain the confidentiality of your account and password, and to restrict access to your computer. You accept responsibility for all activities conducted under your account and password. Any information you provide is not considered confidential or proprietary and should not infringe upon the rights of any third party.
If you are using the Site on behalf of someone else, you affirm that you have the authority to bind that individual to the terms and conditions outlined herein. Should the individual decline to be bound by these Terms of Use, you agree to be liable for any harm resulting from their misuse of the Site.
If you suspect that your account security has been compromised, please contact us promptly using the ‘Contact Information’ provided below. In case of a security breach, we may request you to change your password, temporarily or permanently block your account, or take other necessary actions at our discretion to address the breach, without any liability on the Company’s part.
By creating an account on the Site, you may receive updates and other relevant information related to the services we offer. You have the option to opt out of non-essential communications by following the unsubscribe link in any email we send. However, important updates pertaining to your Account will still be delivered to you.
We retain the right to refuse service or terminate accounts without prior notice if there is a violation of these Terms of Use or if we determine, in our sole discretion, that such actions are in the best interests of the Company. You are solely responsible for all content you upload, post, email, or transmit through the Site. The information provided to us will be handled in accordance with our Privacy Policy.
Privacy of Information
Recognizing the significance of safeguarding your personal data, we have developed a Privacy Policy to ensure adequate protection of your information. In addition to these Terms of Use, the Privacy Policy will regulate your interactions and usage of the Site. By continuing to use the Site, you indicate that you have reviewed and accepted the Privacy Policy, agreeing to be bound by its terms and conditions. You consent to the Company’s utilization of personal information as outlined in the Privacy Policy, which may be subject to occasional amendments at the Company’s sole discretion.
Product Information
The Company strives to provide accurate product descriptions on the Site. However, we do not guarantee that these descriptions, including product color, information, or other content, are always accurate, complete, reliable, current, or free of errors. The Site may contain typographical errors or inaccuracies and might not be entirely up-to-date. Product images are for illustrative purposes and may not perfectly represent the actual product. In case of any inadvertent inaccuracies, the Company will make efforts to correct them as soon as possible. We reserve the right to correct, change, or update any information, errors, inaccuracies, or omissions at any time (including after an order has been submitted) without prior notice to maintain the accuracy of product descriptions on the Site.The products and services offered
The products and services offered on the Site, including any samples we may provide, are intended solely for your personal and/or professional use. These products, services, or samples must not be sold or resold for any commercial or other purposes.
Information about Pricing
The Company strives to provide accurate product and pricing information, but errors may occur. Any such errors will be corrected by the Company as soon as possible.
Without limiting the generality of Clause 7 (Cancellations, Refunds, and Returns) below, if a product is listed at an incorrect price or with incorrect information due to any inadvertent technical error, the Company will refuse or cancel any orders placed for that product, unless it has already been delivered. If an item is wrongly priced, the Company will either contact you for further instructions or cancel your order and notify you of the cancellation. If the Company accepts your order, the amount will be charged to your credit or debit card, and you will be notified by email that the payment has been processed. Payment may be processed before the Company dispatches the product you ordered. If we need to cancel the order after processing the payment, the amount will be refunded to your credit or debit card account.
Subject to these terms and policies, prices and availability of the products offered on the Site are subject to change without prior notice and at the sole discretion of the Company. The Company may revise and discontinue any product or service at any time. If the Company is unable to deliver the product to you on time or at all, you will be notified by email, and your order will be automatically cancelled due to the unavailability of the product or at your request due to a failure to deliver on the expected delivery date. The Company will not be liable for any damages resulting from the cancellation of the order or delay in delivery.
Refunds, Cancellation and Returns
Please visit our Warranty and Support page on the Site for more information.
Mode Of Payments
You can make payments for products available on the Site using the following methods: Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points. Credit Card, Debit Card, and Net Banking are instant payment options and are recommended for faster order processing.
IPR ( INTELLECTUAL PROPERTY RIGHTS )
The names, logos, and all related product names, design marks, and slogans are the trademarks, logos, or service marks (collectively referred to as “Marks”) of the Company. No trademark or service mark license is granted regarding the materials on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, are the intellectual property of the Company.
The Company expressly and exclusively reserves all intellectual property rights in all text, programs, products, processes, technology, content, software, and other materials that appear on this Site, including its look and feel. The compilation (meaning the collection, arrangement, and assembly) of the content on the Site is the exclusive property of the Company and is protected by Indian copyright laws and international treaties. Consequently, the materials on this Site may not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed, or modified in whole or in part, in any form, except for your personal, non-commercial use. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading, copying, reproducing, duplicating, republishing, posting, transmitting, distributing, or modifying.
Security of Site
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: accessing data not intended for you or logging onto a server or an account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; 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;” sending unsolicited email, including promotions and/or advertising of products or services; or forging any 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. The Company is entitled to investigate occurrences that may involve such violations and may involve, and co-operate 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 the Company on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). We will report cyber security incidents with relevant statutory authorities and will render all reasonable cooperation as required by statutory authorities with respect to a cyber security incident. In accordance with applicable laws, we may be required to provide information to law enforcement agencies within 72 hours to verify the identity of any user for the purposes of prosecution or investigation of cyber security offences. Data collected from you during your use of the Site will be retained for at least a period of 180 days, in compliance with applicable laws.
USER SUBMISSIONS AND CONTENT
For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, logos, images, videos, audio clips, comments, information, data, text, photographs, software, scripts, and graphics made available by you on the Site. Any such Content added, created, uploaded, submitted, posted during usage of the Site by You is collectively referred to as, “User Submissions.” All Content and User Submissions, whether publicly posted or privately transmitted, will be the sole responsibility of the person who originated such user Submissions/Content. We cannot guarantee the authenticity of any such User Submissions, and/or Content which the users may provide about themselves or about the products sold on the Site. You acknowledge and agree that (i) all User Submissions/Content accessed by you, while utilizing or using the Site will be at your own risk and will be solely responsible and liable for any damage or loss that may occur as may be attributable to you or any other party resulting therefrom; (ii) we will have no liability towards you or any such party for any damage or loss resulting from such User Submissions/Content; and (iii) You will be responsible and liable for displaying of authentic Content/User Submissions while using the Site and we will have no liability in this regard. You grant us a worldwide, exclusive and royalty free license to use and reproduce the User Submissions/ Content at our discretion. With respect to the Content and User Submissions, you are prohibited from displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the Site, any information that: belongs to another person and to which You do not have any right; is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates or defames another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or threatens the unity, integrity, defense, 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.
WARRANTIES AND REPRESENTATIONS
This Site is provided to you “AS IS”. We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. The Company will not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site. You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site. The Company will have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
THE SITE IS PRESENTED “AS IS.” NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE POLICIES OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT WILL OUR MAXIMUM AGGREGATE LIABILITY EXCEED. This disclaimer constitutes an essential part of this Terms of Use.
TERMINATION OF TERMS OF USE
These Terms of Use are effective unless and until terminated by either you or the Company. You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. The Company may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site. Termination of the Terms of Use will also lead to the termination of the Policies. Upon any termination of the Terms of Use by either you or the Company, 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 Terms of Use or otherwise. Any such termination of the Terms of Use will not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.
INDEMNITY
You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors 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 the Company 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 the Terms of Use and/or the Policies, 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 will survive the expiry or termination of the Terms of Use.
GOVERNING LAW AND JURISDICTION
The Terms of Use and the Policies will be construed in accordance with the applicable laws of India. For proceedings arising therein, the Courts at Jammu will have exclusive jurisdiction, subject to the arbitration process below.
DISPUTE RESOLUTION
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, will be referred to an independent arbitrator who will be appointed mutually by the Parties and the arbitrator’s decision will be final and binding on the parties hereto. The above arbitration will be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration will be held in Jammu. Without any prejudice to particulars listed in Clause 15 above, the Company will have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration. For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 will apply. The seat and venue of international arbitration will be Jammu.
SEVERABILITY
If any part of these Terms of Use or the Policies 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 Terms of Use or the Policies will continue to be in effect.
ENTIRE AGREEMENT
Unless otherwise specified herein, these Terms of Use and the Policies constitutes the entire agreement between you and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches. GENERAL You acknowledge and hereby agree to these Terms and Conditions and that it constitutes the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You will comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. In accordance with applicable laws, you understand that we are required to notify you of these Terms and Conditions, regardless of whether it contains any amendments, at least once a year. You understand that you will not be able to opt out of this particular communication from us. Nothing contained in these Terms and Conditions will be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor will our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions will be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity will not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions will be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and will not be used in its interpretation.