Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
YOU MUST SATISFY THE FOLLOWING CONDITIONS TO ACCESS, BROWSE OR OTHERWISE USE THE WEBSITE:
- You must not misrepresent your identity.
- The right to use the website is personal to You, and not transferable to any other person or entity.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.
INFORMATION ON THE WEBSITE
While every effort is made to update the information contained on this website, neither We nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, products offered, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (‘information’) and shall not be bound in any manner by any information contained on the website. We reserve the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice, and data is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. An error or omission may be brought to our attention by contacting us via the details provided on the website.
WEBSITE DATA AND INFORMATION
Including prices and availability may be inadvertently inaccurately displayed on our website due to human or system errors. We reserve the right to correct any and all such omissions or errors when they do occur. We do not honour inaccurate or erroneous prices or availability issues.
Occasionally, an item may go out of stock before we are able to post a notification on the website. In such a situation, we will contact you directly or cancel your order. If a product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices.
Our prices are subject to change without notice. We reserve the right to refuse or cancel any and all orders, at any point in time. If your credit/ debit card has already been charged for the purchase and your order is cancelled, your cancelled order amount will be returned to your account as per regular payment gateway terms and conditions.
The trademarks, names, logos and service marks (collectively trademarks, singular trademark) displayed on this website are either our own registered and unregistered trademarks, or those of the brands we carry, with all rights reserved. Nothing contained on this website should be construed as granting any licence or right to use any trademark without prior written permission from us or the respective brand owners.
External links may be provided for your convenience, but they are beyond our control and no representation is made as to their content. Use or reliance on any external links and the related content provided is at your own risk. When visiting external links, please refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without express prior written permission from us. Please contact us if you would like to link to this website or would like to request a link to your website.
LIMITATION OF PUBLIC FORUMS AND USER SUBMISSIONS
We are not responsible for any material submitted by You to any public areas (including and not limited to bulletin boards, hosted pages, blogs, product reviews, chat rooms, or any other public area found on the website). Any material posted in this manner shall not be assumed to be endorsed, or approved by Us. We reserve the right to remove or have removed any material submitted or posted by you in this manner, at our sole discretion and without notice to you, if there is the likelihood that you could (including but not limited to)–
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
- Publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
- post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation or our and/or a third party’s computer system and/or network;
- violate any copyright, trade mark, other applicable India laws or intellectual property rights of us or any other third party;
- submit content containing marketing or promotional material which is intended to solicit business.
LIMITATION OF SPECIFIC USE
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify us against any loss, liability, damage or expense of whatever nature which we or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
DISCLAIMER OF LIABILITY
We shall not be responsible for and disclaim 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, products sold on this website, implied warranties of merchantability, fitness for a particular purpose, or any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither we 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, loss of use, 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 agree to defend, indemnify and hold harmless Orchid Impex, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store or otherwise transmit on or through our website or your use of or inability to use our website, including without limitation any actual or threatened suit, demand or claim made against us and/or our independent contractors, service providers, employees, directors or consultants, arising out of or relating to the content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
DISCLAIMER OF WARRANTY
Except as expressly provided to the contrary in a writing by us, this site, the content contained within and the products and services provided on or in connection therewith (the ‘products and services’) are provided on an ‘as-is’ basis without warranties of any kind, either express or implied. We disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, content, and materials in our site. We do not represent or warrant that materials in our site or the services are accurate, complete, reliable, current or error-free. We also do not represent or warrant that our site or its servers are free of viruses or other harmful components.
LIMITATION OF LIABILITY
In no event shall Orchid Impex, its directors, members, employees or agents be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of our site, the products and services, or the content contained in or accessed through our site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from us, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to our records, programs or services.
- Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and Orchid Impex, in relation to your use of the website. Neither you nor Orchid Impex shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Orchid Impex, in respect of your use of the website.
Where any conflict or contradiction appears 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.
- No Waiver
- Governing Law and Applicable Jurisdiction
- Comments or queries