Terms and Conditions
TERMS & CONDITIONS
By subscribing to or using the services of bestdiapers.in you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. bestdiapers.in and its authorised agents reserves the right to add, delete, alter or modify these terms and conditions at any time. Therefore the Users are advised to read these terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with these terms and conditions.These terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000 and modified or amended from time to time.
These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.By using bestdiapers.in You agree to be bound by the Terms and Conditions.Not having read these terms and conditions is no reason to be no bound by these terms and conditions.
INTRODUCTION
- “Bestdiapers.in”: is an Internet based content and e-commerce portal having its Registered Office at 128-A Siddhar Koil Main Road, Kandampatty By-Pass, Salem - 636005, Tamilnadu, India.
- “You” and “User”: shall mean to refer the end user accessing the Website,its content and using the Services offered through the Website.
- “ServiceProviders”: means an independent third party service providers.
- “We”, “Us” and “Our”: shall mean bestdiapers. Use of the Website is offered to you conditioned on acceptance without modification of all the terms,conditions and notices contained in these Terms, as may be posted on the Website from time to time. bestdiapers.in at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
USER CONDUCT AND RULES
Eligibility: Only persons eligible to enter into contracts with legal binding under Indian Contract Act, 1872 can use the Services. bestdiapers.in reserves the right to terminate your membership and refuse to provide you with access to the Services if it is brought to the notice or if it is discovered that you are under the age of 18 years.
User Obligations:
- You are responsible for maintenance of the confidentiality of your User ID and Password and are also fully responsible for all activities that occur under your password or account.
- You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
- You agree to immediately notify bestdiapers.in of any unauthorized use of your password or account or any other breach of security.
- You agree to ensure that You exit from your account at the end of each session. bestdiapers.in cannot and will not be liable for any loss or damage arising from your failure to comply with these terms.
- You agree and understand that when You are communicating with Us by sending e-mails, You are communicating with Us through electronic records and consent to receive communications via electronic records from Us periodically as and when required.
- Users are not required to pay fee for registration in bestdiapers.in. But bestdiapers.in reserves right to introduce new services and policy and modify some or all of the existing services offered or policies followed on the Website. In such an event bestdiapers.in reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to bestdiapers.in.
- The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by bestdiapers.in.
- You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others or those products hosted in our website instead of taking legal recourse;
(b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, malicious, libel, indecent or unlawful topic, name, material or information;
(c) Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;
(d) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
(e) Conduct or forward surveys, contests, pyramid schemes or chain letters;
(f) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(h) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(i) Violate any applicable laws or regulations for the time being in force in or outside India; and
(j) Violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
(k) Download any file , image or anything from bestdiapers.in without the prior written authorisation of bestdiapers.in
PLACING AN ORDER
The user assures that while placing any order he/she does not place an order without any intention to buy /use or make any payment to us.If we find or have sufficient reason to believe that any user has intentionally placed an order solely with an intention to play mischief or mislead then bestdiapers.in has the sole right to recover all incidental and ancillary costs along with any other damages legally entitled to be recovered from the user.
PRICING
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, Products and Services may change at bestdiapers.in discretion.The Price displayed for all of the products include cost of product, sourcing, shipping and packing charges. A nominal amount is charged for Cash on Delivery.
PAYMENT
While initiating a Transaction, You, as Buyer, are entering into a legally binding and enforceable contract with the Seller to purchase the products or services of the Seller and You shall pay the Transaction Price through Your issuing bank to the Seller using Payment Facility.
The Buyer shall electronically notify Payment Facility using the appropriate features available in bestdiapers.in immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction.
Any loss or damage arising directly or indirectly while using the Services of bestdiapers.in due to Lack of authorization for any transaction(s),or Exceeding the preset limit mutually agreed by You and between "Bank(s)", or Any payment issues arising out of the transaction, or Decline of transaction for any other reason(s) will not be the responsibility of bestdiapers.in and no such liability will fall upon bestdiapers.in.
bestdiapers.in shall not be responsible for non-Delivery due to the mistake by You and any extra cost incurred by Us for redelivery shall be claimed from You through placement of an Order.
bestdiapers.in shall not be responsible and liable for any delay / non-delivery of purchased goods by the vendors, trade organisation/s, manufacturers / shop (vendors), flood, fire, wars, acts of God or any cause that is beyond the control of bestdiapers.in.
bestdiapers.in reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price or for reasons of out of stock. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card. In the event the payment has been processed by bestdiapers.in the same shall be credited to your credit card account and duly notified to you by email. In a credit card transaction, you must use your own credit card. bestdiapers.in will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.
LINKS TO OTHER SITES
bestdiapers.in may contain links to other websites (“Linked Sites”). These Linked Sites are not under the control of bestdiapers.in and We are not responsible for the contents of these Linked Sites, including without limitation any links contained in Third Party Site, or any changes or updates to a Linked Site. bestdiapers.in is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by bestdiapers.in or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
COMPLIANCE WITH LAW
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility.
INDEMNITY
You agree to indemnify, defend and hold harmless bestdiapers.in from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by bestdiapers.in that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
You agree to make good or compensate all loss whether direct or indirect that may arise to bestdiapers.in when it is known that you have provided a false information and/or have led to believe bestdiapers.in that such information is true and upon such belief bestdiapers.in has endeavoured itself to provide any service availed by you but you have failed to honour or receive such service agreed to be received and in that course bestdiapers.in has incurred expenses and resulted in a loss because of such false or misleading information.
PHOTOS / IMAGES
Photos and Images found in bestdiapers.in and in advertisements made by bestdiapers.in in online or offline or in any media are the exclusive property of bestdiapers.in and no one is authorised to use, download, change ,alter the image of the product without prior express written approval from bestdiapers.in. The photos that appear on the website and other medium of advertisement, information or anywhere are garnished and some props may be used to lift the overall appearance and appeal of the product which may or may not necessarily form part of the product when you order.
REVIEWS
bestdiapers.in always ensures that it delivers the right product in the best available nature. By using our website and its resources you hereby approve bestdiapers.in to send, solicit, get feedback about product reviews by all available medium of communication. We do take all your feedback sportively and as a means of improvement in our services to you. At the same time we don't entertain remarks and reviews that are derogatory or defamatory. Therefore we appeal that let your remarks and reviews be constructive and we are happy to be at the receiving end however blunt it may be.
IMPORTED PRODUCTS
bestdiapers.in has hosted certain items under Imported Products for which cash on Delivery option is not available as they are to be purchased off-shelf from respective International Stores. Customers purchasing Imported products are advised to check for Customs duty and restrictions before purchasing. Customs formalities in the country of import is to be adhered by the customers. bestdiapers.in will not be responsible for non-adherence on the part of the customer to the laws,rules,regulations and conditions imposed at the country of import at any cause.
DISCLAIMER
bestdiapers.in has endeavoured to ensure that all the information on the Website is correct, but bestdiapers.in neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall bestdiapers.in be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) The use or the inability to use the Services or Products;
(b) Unauthorized access to or alteration of the user's transmissions or data;
(c) Any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall bestdiapers.in be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, bestdiapers.in shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond bestdiapers.in’s control.
(d) The user understands and agrees that the herbs and nutritional information and medicinal content or description described of any product such as herbs, health and diet products are to be taken only after or under sufficient medical supervision and bestdiapers.in don't vouch or guarantee any specific outcome or result upon usage of the products.
(e) The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. It will be deemed that the user acknowledges, accepts and has understood the consequences of such disclaimer made herein on ordering products through our website.