Terms and Conditions

Terms and Conditions for Transacting on coppergateeducare.in

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 from time to time.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access and/ or transacting and/ or usage of www.croma.com and sets out the terms and conditions governing it and the disclaimer “(Terms & Conditions)”.

Use of this Website is regulated by the Terms & Conditions provided herein. User’s visit, dealings, transactions and/or otherwise using this Website shall be treated as you have read, understood and hereby unconditionally accept these Terms & Conditions. These Terms & Conditions shall be treated as legally binding and enforceable agreement between the Company and the User. If the User does not agree with any and/or all of these Terms & Conditions, then the User should stop dealing with and/or cease to initiate and do any transaction on this Website. By impliedly or expressly accepting these Terms of Use, User also accept and agree to be bound by Coppergate Educare Policies (including the privacy policy) as amended from time to time.

The information, products and services including but not limited to communications tools, forums, shopping services, search services, offered on this Website or through other mediums, whether now known or hereafter developed, is solely for the Users information and subject to the Users acceptance of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. Users use of the Website and/ or services is subject to the additional disclaimers and caveats that may appear throughout the Website. The Company, its affiliate companies, associate companies, subsidiaries, consultants, contractors, advisors, accountants, agents, service providers and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information, services, Products (as defined hereinafter) and other materials offered on this Website. While the Company strives to keep the information relating to the various Products offered on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, service providers and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.

The Company may change, suspend and/or discontinue the Product(s) at any time, including the availability of any feature, database and content on the Website. The Company may also impose limits on certain features and services and/or restrict User’s access to parts and/or all of the services without notice and/or liability to the Users

In this Agreement (as defined hereinafter), ‘Company’ and ‘User’ have been collectively referred to as “Parties” and individually as “Party”.

Amendment of Terms

The Company is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to Users. User shall continue be responsible and shall be bound to this Agreement as amended by the Company from time to time. Continued use of this Website shall constitute Users acceptance of the modified Terms and conditions of the Agreement

Website Content

The Website and its content shall only be used in accordance with the terms of the Agreement. All Products/materials displayed and/ on the Website are protected by intellectual property rights owned by the Company (as applicable), its subsidiaries, affiliates, associate companies, contractors, partners, and/ or suppliers as the case may be. The Website is protected by copyright as a collective work and/or compilation, pursuant to applicable laws.

If a User uses any information available on the Website for any research that results in an article and/ or other publication, the User should list the Company as a resource in Users bibliography and the User shall take prior written permission and ensure that no documents or graphics, including logos, sourced from the Website and/ or Products are modified in any way.

User acknowledges that the Company may or may not pre-screen content, but that the Company and/ or its assignees reserves the right (but not the obligation) to pre-screen, refuse or remove any Content and/ or Products from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations or complaints from third parties and/ or authorities relating to such Content) and/ or for no reason at all.

The Company’s logos, product and service marks and/ or names are trademarks which are owned by the Company (the “Marks”). Without the prior written permission of the Company, or its appropriate affiliates, User agrees not to display and/or use in any manner, the Marks. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and/ or to the Marks without the express written permission of the Company or such third party. All other trademarks are the property of their respective owners.

User’s misuse of the Products, material and/or Marks on the Website and in its contents, except as provided in this Agreement, is strictly prohibited. User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/ or services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at Users risk as to costs and consequences.

Registration Data

User shall be entitled to use the Website for any online shopping transaction after getting him/her registered on the Website after furnishing all relevant information relating to User as sought on the Website. User shall be solely responsible for the confidentiality of its User Id and Password.

User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration. If the Company has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as the Company deems fit.

User shall not (a) select or use name, User ID, mobile number and/or mail id, of another person with the intent to impersonate that person or (b) use a User id a name subject to any rights of a person other than User without appropriate authorization. The Company reserves the right to refuse registration of, or cancel User id in its discretion.

In order to ensure that the Company is not violating any rights that the User may have in his/her Information, User hereby agrees to grant in favour of the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the database rights which the User has in his/her Information, including but not limited to rights in any media now or in future with respect to Users Information solely to enable the Company to use the information supplied by the User to the Company. The Company will only use Users Information in accordance with the Agreement.

User agrees and understands that the Company shall not be responsible in any manner whatsoever for:

• Delivery of Product(s) at wrong address furnished by User.
• any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User or
• The User shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, and/or misleading information to the Company.
• While placing an order, If the User orders multiple quantity of same or different product spanning across multiple order under the same name or group Company may at its discretion treat the said order as bulk order and Company reserves its right to cancel such bulk orders. If at any time, it is found/observed that User has by misrepresentation or any other way has ordered more than 5units of a particular product, it will amount to bulk order and the Company reserves its right to reject such order(s) partly or fully. The fulfilment of order placed by the User shall be subject to availability of the stock with the Company.

Representations and Warranties

User represents and warrants that User is the owner and/or authorised to share the information User gives on the Website. User confirms that the information is correct, complete, accurate, not misleading, does not violate, rules and regulations.

User undertakes to indemnify and keep indemnified the Company and/or its shareholders, directors, employees, officers, affiliates, partners, associate/ subsidiary companies/entities, advisors, accountants, agents, consultants, contractors, , partners and/ or suppliers for all claims resulting from detail/information User posts and/or supplies to the Company. The Company shall be entitled to remove any such detail / information posted by User without any prior intimation to User.

User agrees and undertakes that she/ he shall be solely responsible for his/her Information and confirms that information submitted by User:

• is correct, complete, relevant and accurate.
• is not fraudulent.
• does not stalk or otherwise harass another user
• does not and shall not infringe any third party’s intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy.
• shall not be defamatory, libellous, unlawfully threatening and/or unlawfully harassing.
• shall not be indecent, obscene and/or contain pornography and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority.
• shall not be seditious, offensive, abusive, liable to incite racial, ethnic and/or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience.
• shall not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law.
• shall not be or include material that is technically harmful (including, without limitation, computer/ mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
• shall not create liability for the Company or cause the Company to lose (in whole or in part) the services of the Company’s ISPs or other suppliers.
• is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of spam or solicitation.
• is not illegal in any other way.

Further, the User agrees and understands that the Company reserves the right to remove and/or edit such detail / information.

User confirms that he/she shall abide by all notices and all the terms and conditions (updated from time to time) contained and mentioned herein.

User undertakes and confirms that User shall not use the Company’s website, services and/or materials therein for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable laws, rulings, notifications and orders of any court or statutory authority. User shall not use the Website, services and/or materials therein in any manner which could damage, disable, overburden and/or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with other Users use and enjoyment of the Website and/or services therein.

User shall not attempt to gain unauthorized access to any service on the Website, other Users Account(s), Computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means(whether now known or hereafter developed or invented). User shall not or shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Website. User agrees and understands that she/ he is responsible for all of his/ her activity in connection with the services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to access the Website

User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User. As a condition of use of this Website, User warrants to the Company that User will not use this Website for any purpose that is unlawful or prohibited by these Terms & Conditions, notices and/ or by the applicable law. Also, User must not harass, intimidate or impersonate other Users or use any information obtained from the service in order to do so.

Certain elements of the Website will contain material submitted by other Users. The Company disclaims its responsibility for the content, accuracy, conformity to applicable laws of such material. Part of the Website contains advertising/other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable laws is exclusively on the advertisers and the Company will not be responsible for any claim, error, omission and/or inaccuracy in advertising material. The Company reserves the right to omit, suspend and/or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Website will be subject to the Company’s terms and conditions which are available on request.

Payment Terms

User shall be entitled to use a valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website. User undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit / debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may be levied upon the User due to furnishing of wrong detail/ information relating to his/her credit / debit and/ or any other payment cards or online banking accounts.

User hereby agrees and understands that the facility of finance by way of equated monthly instalment (EMI) is provided by banks and/ or NBFCs and available on purchase of specific products. User understands and agrees that for converting any Purchase Transaction into EMI, the same is done by respective Banks and/or NBFCs and not by the Company. EMI is at the sole discretion of the bank and/or NBFCs. Any refund related to interest charged to the customer, should be dealt with the issuing bank and/or NBFCs directly. For Paylater/deferred payment option, the Company may need to provide the Users information to the third parties to facilitate this payment option. Such third parties may contact the User for documentation and payment. The User shall be solely liable and responsible for the payments under this option and the Company shall not be liable in any case for the incidental actions arising from the delayed or non-payment under this option. The User is advised to read the detailed Terms and Conditions before availing this payment option. User expressly agrees and declares that the Company shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and/ or incidental to the User arising, directly or indirectly, out of decline of authorization for any transaction, resulting from the User exceeding his/ her present permissible payment limit under the credit / debit and/ or any other payment cards and/ or online banking accounts.

The Company confirms that the detail provided by User in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement.

Further, the Company actively reports and prosecutes actual and suspected credit/ debit/ cash card fraud. The Company may require further authorization from User such as a telephone confirmation of Users order and/or other information. The Company’s decision to require further authorization is at their sole discretion. The Company reserves the right to cancel, delay, refuse to deliver, or recall from the carrier any order if fraud is suspected. Company shall not be liable to User for any loss resulting from such cancellation.

The Company captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit/ debit/ cash card company for fraud investigation. The Company will cooperate with authorities to prosecute offenders to the full extent of the law.

The Company shall take all reasonable precautions to protect the information provided by the User. However, it is expressly provided and accepted by the User that the Company shall not be responsible in any manner whatsoever for any third party action which results in the information provided by the User being exposed and/or misused by such third party who accessed such information without any authorisation from the Company.

Cancellation of Order before Dispatch of Products by the Company

The Company hereby informs User that User’s receipt of an electronic or other form of order confirmation does not signify the Company’s acceptance of User’s order, nor does it constitute confirmation of the Company’s offer to sell. The Company reserves the right at any time after receipt of Users order to accept or decline User’s order for any reason. The Company further reserves the right any time after receipt of the order, to supply less than the quantity ordered by the User. Company will inform the User about its decision to supply the products in quantity less than the quantity ordered. User then in its discretion may or may not agree to such modified quantity. User’s order will be deemed accepted by the Company upon shipment of products or performance of services that User has ordered as indicated by the Company’s servers. Title to goods and all risk of loss passes to User upon delivery to the User. The Company may require additional verifications or information before accepting any order.

The Company shall have the right to refuse or cancel any orders placed for Products listed at an erroneous price, rebate or refund, or containing any other incorrect information or typographical errors. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Users credit/ debit/ cash card charged. If Users credit/ debit/ cash card has already been charged for the purchase and Users order is cancelled, the Company shall immediately issue a credit to Users credit/ debit/ cash card account for the amount of the charge.

User shall be entitled to cancel an order of any Product, booked on the Website, by placing a “Cancel Order” request, by

• Informing the Company over the call on 9920443322 or;
• Writing an e-mail to Company on – ;

“Cancel Order” can be initiated any time after booking of order but before status of order changes into “handed over to courier” on the Website.

Coupons

Each set of Coupon is governed by its own terms and conditions including but not limited to its use, limitation, applicability, restriction, validity, etc. All such respective terms and conditions are available with the respective Coupons. Company reserves its right to amend such terms and conditions for Coupons from time to time depending on the use, upgrade, update and regulatory/statutory mandates without any notice to customers.

Force Majeure

The Company shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.

Explanation: “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfilment of obligation of the Company hereunder.

Warranty Disclaimer

User acknowledges that the Company has no control over, and no duty to take any action regarding which User gain access to the Website and/ or services what Products, content User accesses and/ or uploads, posts, emails, transmits and/ or otherwise contribute via the Website and/ or services what effects the Products, content may have on User and/ or any third party how User may interpret and/or use the Products and/or what actions User may take as a result of having been exposed to the Products and/or content. User releases the Company from all liability for User having acquired or not acquired Products, content through the Website and/ or services. The Website and/ or services may contain, or direct User to sites and/ or services containing, information that some people may find offensive and/or inappropriate. The Company makes no representations concerning any content contained in or accessed through these websites and/ or services, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency, or durability of the products, material contained in, or accessed or purchased through these websites and/ or services. The services, Products, materials, information, content, Website and/ or any software are provided on an “as is” and “as available” basis, without warranties of any kind.

Although the Company has taken adequate safeguard, the Company makes no guaranty of confidentiality and/or privacy of any communication or information transmitted on the Website and/ or for the services and/or any web-site linked to the Website. Users uses this Website and/ or services at his/ her own risk in accordance with our privacy policy.

Changes are periodically made and added to Website and to the information herein. The Company, its subsidiaries, affiliates, associate companies, consultants, partners and/or its respective suppliers may make improvements and/or changes to this Website at any time.

The Website and/ or services contain views, opinions and recommendations of users of the Website and/ or Services, advertisers, third party information providers and organizations. The Website does not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability and/or validity of any opinion and/or other information displayed, uploaded, distributed, posted, emailed, transmitted and/ or otherwise contributed through the Website and/ or services by anybody other than the Company.