Terms and condition

Terms & Conditions

 

  1. Introduction

 

Welcome to www.claesens.in, the official website of Claesens Fashions Pvt Ltd (“CPL”, “We”, “Our” or “Us”), having Our registered office at 747, 2nd Floor, 1st Stage, Krishna Temple Road, Indiranagar, Bangalore – 560 038. CPL is the exclusive licensee of the Dutch brand Claesen’s ® for manufacture and distribution of Innerwear/Leisurewear/Swimwear for Men, Women and Children in India.  This website, www.claesens.in (“Website”/ “Site”), is owned and operated by CPL. Please read the following terms and conditions very carefully as your use of our service is subject to your acceptance of and compliance with the following terms and conditions ("Terms") and the Terms constitute a binding contract between you and Us. The following Terms apply to all visitors or users of this Website, mobile Websites or mobile applications of Our brands and lines of business. By accessing this Website, purchasing any of Our products through the Website, or subscribing to or using any of Our services, you agree that you have read, understood and are bound by the Terms. In the event of a violation of these Terms, We reserve the right to seek any and all remedies available under law and in equity. If you do not want to be bound by the Terms and Conditions and the Privacy Policy / if you do not agree to be bound by the Terms and the Privacy Policy, you must discontinue your access to the Website and do not subscribe to or use Our services. If you want to ask Us anything about these Terms or have any comments or complaints on or about the Website, please email Us at care@claesens.in or call Us on 080-25253520 (Mon to Fri 10 AM to 5:30 PM). Please refer to the Privacy Policy to understand the terms and conditions which apply to Our handling of your information.

 

You hereby agree and acknowledge that you are bound by the Privacy Policy and the Refund Policy, the terms of which are incorporated by reference into the terms of this Agreement. The Terms govern the relationship between you and Us including the sale and supply of any Product(s) on our Website. In the event the Terms conflict with any other document / policy / content on our Website, the Terms will prevail over them, for the purposes of usage of the Website.

 

 

  1. Accuracy of Content

 

We have taken all reasonable care in the preparation of the content of this Website, in particular to ensure that prices quoted are correct at the time of publishing and all products have been fairly described. All prices are displayed inclusive of GST and applicable taxes. Packaging may vary from that shown in the product details page. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual colors you see will depend on the settings on your monitor, We cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery. Also in case of assortments/prints/checks, the actual product delivered may vary in color and design as per the availability. To the extent permitted by applicable law, We disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.

 

  1. Links to Other Websites

 

CPL may establish links between this Website and one or more websites operated by third parties. CPL has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement, representation or warranty by CPL of such websites, the contents of such websites, the products or services of such websites or the operators of such websites. CPL disclaims responsibility for the privacy policies and customer information practices of third-party internet sites hyper linked to our sites.

 

  1. Eligibility to Use

 

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on our Website, such use or transaction on the Website shall be made by your legal guardian or parents. CPL reserves the right to terminate your subscription and / or refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years.

 

You may not have more than one account. Maintaining more than one account by a user shall amount to a fraudulent act on the part of the user and may attract actions against such user in accordance with the terms of the clause relating to Fraudulent Transactions (below). If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Additionally, you are prohibited from selling, trading, or otherwise transferring your account on the Website to another party. CPL owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to CPL or payments made by your credit card by any third party.  Unless otherwise specified, the materials on this Website are directed solely at those who access this Website from India. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within in India and will not be liable for any claims relating to any products ordered from outside India. We reserve the right to accept or reject any orders raised by you, without requiring to assign any reasons thereof.

 

  1. Account and Registration Obligations

 

In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).  You undertake to indemnify and keep indemnified CPL for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.

 

If you wish to purchase the products available on the Website, you will have to register on the Website.

 

For the purpose of these Terms, the term "Your Information" shall mean any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with Our Privacy Policy. If you use the Site, you are responsible for maintaining the confidentiality of your Login ID and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Login ID or Password. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You undertake to indemnify and keep indemnified CPL for any loss, claim, damage, costs (including legal and professional costs) relating to your responsibility or liability or failure including those aforesaid. You agree to notify Us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content on the Website in Our sole discretion.

 

  1. Quantity Restrictions

 

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notifications to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as We may deem fit.

 

  1. Pricing Information

 

We strive to provide you with the best prices possible on products and/or services you buy from Us; however, We do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Website are not subject to comparison with the same or similar product(s) and/or service(s) available through any online Website or offline store. The pricing is subject to Our pricing policy and the prices shall be determined only at Our sole discretion.

 

While We strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, We may, at Our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that We accept your order, the order value shall be debited to your Credit/Debit card/Net Banking account, based on the payment method you have chosen. If We cancel the order after We have processed the payment, the said amount will be refunded to your bank/credit card account.

 

  1. Cancellation by CPL 

 

Please note that there may be certain orders that We are unable to accept and must cancel. We reserve the right, at Our sole discretion, to refuse, reject or cancel any order, without assigning any reason therefor. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by the Bank’s or Payment Gateway’s credit and fraud detection department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after you have paid the amount, the said amount will be refunded to your Bank or Credit Card Account, as per our Refund policy.

 

We will seek authorization on your Card for the full amount of the order placed by you, however, We may charge your card only for the amount corresponding to the actual portion of the order that We are able/willing to fulfill, and any associated shipping charges/taxes and levies etc. Any surplus amount, charged to your card / bank account in error, will be refunded as soon as the same is realized by Us or brought to Our notice, whichever is earlier. We reserve the right to charge your card for the full or partial authorized amount for the concerned order.

 

  1. Cancellation by Customer

 

In case of requests for order cancellations, We reserve the right to accept or reject requests for order cancellations at Our sole discretion. As part of usual business practice, if We receive a cancellation notice and the order has not been processed / approved by Us, We shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if the same is made as per the timelines / events mentioned below. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of such timelines / events as mentioned below. We have the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Us and agrees to accept Our decision regarding the cancellation. In the event that a voucher is used by you in respect of an order on the Website that you wish to cancel, you hereby acknowledge that We shall not be required to provide any cash refunds in respect of such voucher.

 

  1. Timelines /Events

 

  1. Dispatch and Processing Time

All orders are dispatched within 1-2 business days, subject to payment and availability.  Orders are not shipped or delivered on weekends or holidays. If We are experiencing a high volume of orders, delivery / dispatch may be delayed by a few days. If there is a significant delay in shipment of your order, We will contact you via email or telephone.

 

  1. As per the policies of CPL, cancellations are allowed at 2 different stages:-

 

  1. Before dispatch:

If you intend to cancel your order before it has been dispatched for delivery, you are required to call or email Our Customer Support Center at care@claesens.in

 

  1. After delivery:

You can return your order subject to the provisions of the Returns and Refund Policy.

 

  1. Cancellation After dispatch:

You cannot cancel your order after the same has been dispatched from Our warehouse. However, you may refuse to accept the consignment if you wish to cancel the order. You may call or email Our Customer Support Center at care@claesens.in to intimate us about such refusal.

 

  1. Credit Card Details

 

You agree, understand and confirm that the credit card details provided by you for availing of services on the Website will be correct and accurate and you shall not use a credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on the Website. We do not store any information related to your Credit card/ Debit card or net banking. In case We do not receive an authorization from the respective bank or the transaction gets interrupted for any reason, the transaction will be treated as failed and no order will be processed for that transaction. In this case, if any amount has been deducted from your account, the same will be credited back. We shall not be liable in any event, for any credit card fraud that occurs to you. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

 

  1. Fraudulent /Declined Transactions

 

Our payment partners (being the Payment Gateways and facilitators and Banks) and Our fraud detection team constantly monitor your account in order to avoid fraudulent accounts and transactions. Users availing discount coupons or vouchers fraudulently shall be liable for legal action under law and We reserve the right to recover the cost of goods/services, collection charges and lawyers’ fees from persons using the Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, We reserve the right to immediately delete such user account(s) and cancel all past and pending orders without any liability. In the above circumstances, We shall not be liable to make any refunds for any such cancellations.

 

 

  1. Electronic Communications

 

When you visit the Website or send email(s) to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by email or SMS. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically shall be valid and satisfy all legal requirements and that you shall not dispute the validity of the same on the grounds that the same have been communicated to you by electronic means.

 

  1. SMS Communication

 

You agree that We may use your registered mobile number on the Website to send Transaction related SMSs to you. You also grant Us permission to send you any Transaction related SMS irrespective of having DND services activated on your mobile. CPL promotional alerts are SMS messages that are sent to opted-in users that contain promotional content for customers of CPL. All the CPL promotional alerts are complimentary, message and data rates may apply. Depending on your SMS plan, you may be charged by your carrier.

 

To stop receiving all CPL promotional messages, simply click the unsubscribe link provided below every SMS or email, as the case may be.

 

  1. You Agree and Confirm

 

  • That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address/pin-code or any other wrong information provided at the time of placing the order), any extra cost incurred by Us for re-delivery shall be charged to you;

 

  • That you shall use the services provided by Us, for lawful purposes only and shall comply with all applicable laws and regulations while using the Website and transacting on the Website;

 

  • You shall provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found to be false (wholly or partly), We have the right and the sole discretion to reject or cancel your registration and orders and debar you from using the services of the Website and / or other affiliated websites without any prior intimation whatsoever;

 

  • You agree that you shall access the services available on this Website and transact at your sole risk and shall use your best and prudent judgment before entering into any transaction through this Website;

 

  • You agree that the address at which the product ordered by you is to be delivered, shall be correct and proper in all respects;

 

  • That before placing an order you shall check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description;

 

  • You agree to use the Website and the content thereon, in a manner consistent with all applicable laws and regulations. Additionally, you will not use the Website and/or any content thereon to upload, post, email, distribute, transmit, link, solicit or otherwise make available any information or material, or use the Website and/or any content therein, in any manner that:

(i)     is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, anti-national, seditious, vulgar, violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;

(ii)    infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights, or in any manner promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;

(iii)  removes any proprietary notices or labels on the content on the Website;

(iv)  advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;

(v)    is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;

(vi)  advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;

(vii)  constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;

(viii)  contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;

(ix)  contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;

(x)    disrupts, interferes or inhibits any other user from enjoying the Website, or other affiliated or linked portals, material, contents, products and/or services;

(xi)  uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;

(xii)  creates a false identity for the purpose of misleading others;

(xiii) prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party;

(xiv)  uses any of the Website’s names as a pseudonymous return email address;

(xv)  contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);

(xvi)  attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any part of the Website;

(xvii) reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Website, use of the Website, or access to the Website;

(xviii) publishes, publicly displays, or distributes to any third party, any content in the Website, including reproduction on any computer network or broadcast or publications media;

(xix)  systematically collects and uses any content of the Website including the use of any data mining, or similar data gathering and extraction methods;

(xxii)  makes derivative uses of the Website or the content in the Website;

(xxiii)uses, frames, or utilizes framing techniques to enclose any portion of the Website (including the images found in the Website or any text or the layout/design of any page or form contained on a page);

(xxiv)modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operates the Website. For purposes of these terms, "reverse engineering" shall include the examination or analysis of the Website to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Website's underlying technology;

(xxv) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; and/or

(xxvi) otherwise violates the provisions of these Terms or creates liability for Us.

 

  • CPL reserves the right to block or deny access to the Site to anyone at any time for any reason.

 

  1. Modification of Terms & Conditions of Service

 

We may at any time modify the Terms of our Website without any prior notification to you. You can access the latest version of the Terms at any given time on the Website www.claesens.in You agree to regularly review the Terms on the Website. Should you wish to terminate your account due to a modification to the Terms or the Privacy Policy, you may do so from the “My Accounts” section. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms of this Website.

  

  1. Governing Law and Jurisdiction

 

These Terms shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of these Terms. In the event of any dispute or difference either in interpretation or otherwise, of any of the provisions of these Terms, the same shall be referred to an independent arbitrator who will be appointed by CPL and such Arbitrator’s decision shall be final and binding. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended time to time. The arbitration shall be conducted in the English language and shall be held in Bangalore.

 

  1. Reviews, Feedback, Submissions

 

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on our Website, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain Our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Us of all worldwide rights, title and interest in all copyrights and other intellectual properties in the Comments. Thus, We own exclusively all such rights, title and interests and shall not be limited, in any way, in Our use, whether for commercial or other purposes, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any use of Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity. You further agree that no Comments submitted by you shall, in any way, violate the provisions of clause 15(g) of these Terms and you agree to indemnify and hold harmless, CPL, its officers, directors, employees, agents, and representatives, from and against any and all claims, damages, liabilities, losses, costs and expenses (including without limitation, reasonable attorney’s fees), proceedings, penalties, and consequences whatsoever, arising out of your Comments violating any of the provisions of clause 15(g) of these Terms.

 

We reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant Us the right to use the name that you submit in connection with any Comments. You undertake not to use a false email address, impersonate any person or entity, or otherwise mislead Us, as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments that you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party. 

 

  1. Ownership of Rights

 

All rights, including copyright, in this Website are owned by or licensed to Us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without Our permission. You are prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works or using any content available on or through our Website for commercial or public purposes. You may not modify, distribute or re-post something on this Website for any purpose.

 

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, videos, graphics, music, sound, and the intellectual property in the Website and the content therein is owned by CPL. CLAESENS, CLAESENS.COM, CLAESENS.IN, , and all other trademarks, logos and trade names used in this Website are trademarks of CPL, whether registered or not, and/or its licensors. In addition to the content on the Website, CPL also owns the copyrights in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, you shall not be entitled to copy, redistribute, retransmit, publish or commercially exploit downloaded material without the express permission of CPL. If copying, redistribution or publication of copyrighted material is permitted under copyright law, you shall not be entitled to make changes in or delete author attribution, trademark legend or copyright notice.

 

You acknowledge that nothing contained herein, shall be construed or interpreted as a transfer or assignment in your favour, of any intellectual property rights in respect of the Website or any content therein or as a grant of any license or right in your favour, by implication or otherwise, of any intellectual property rights in respect of the Website or any content therein, including, but not limited to, the trademarks or brand or company name, logos etc, and such intellectual property rights shall remain the sole and absolute property of CPL and its licensors. Trademarks that are located within or on the Website or a website otherwise owned or operated in conjunction with CPL shall not be deemed to be in the public domain but rather the exclusive property of CPL, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of CPL, unless otherwise stated.

 

CPL does not have any express or implied burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether any  material contained on the Website is copyrighted or trademarked.

 

By submitting material on the Website, you warrant that the owner of such material has expressly granted CPL the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. You hereby grant CPL, the right to edit, copy, publish and distribute any material made available on the Website by you. You also permit any other end user to access, view, store or reproduce the material for that end user's personal use.

 

If you come across any abuse or violation of these Terms, please report to hello@claesens.in

  

  1. Indemnity

 

You agree to defend, indemnify and hold Us and Our employees, directors, officers, agents and successors and assigns, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses (including attorney's fees), caused by or arising out of or relating to claims based upon your actions or inactions, which may result in any loss or liability to Us or any third party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms or arising out of your violation of any applicable laws and 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 shall survive the cessation of your use of the Website.

 

  1. Cessation of Service and Cancellation of Account

 

CPL may cease providing you access to the Website and any and all content therein at any time. Without limiting the foregoing, CPL shall have the right to immediately terminate, at any time, your password or account on the Website or block your IP address, in the event of any conduct by you, which CPL, in its sole discretion, considers to be unacceptable, or is in breach of these Terms.

 

Where you have created an account for yourself and registered on the Website, you can delete your account and the rights associated therewith can be cancelled, by clicking on the "Delete Account" button located in the "Manage My Account" tab

 

Upon cancellation of your account for any reason whatsoever, all rights and licenses granted to you will immediately and automatically terminate and you may not be able to use the services and facilities that were available to you during the time your account was still active. You acknowledge, however, that cancellation of your account shall not prejudice any rights or remedies available to CPL against you under law or these Terms.

 

 

  1. Limitation of Liability and Disclaimers

 

 

Your use of the Website, including any content or information contained within the Website, any product, service or software that is provided to you, is at your sole risk. The Website and any content thereon is provided on an "As Is" and “As Available” basis. You must bear the risks associated with the use of the Website.

 

CPL and its licensors, and other related parties, and their respective directors, officers, agents, representatives, and employees, expressly disclaim all representations, conditions and warranties of any kind, whether express, statutory or implied, including, but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy of data and non-infringement, and any warranties arising out of any course of dealing or usage of trade, and/or that the products displayed on the Website, the services or content on the Website would be uninterrupted or error free, or that any content,  will be secure or not otherwise lost or damaged.

 

CPL will not be liable for short delivery or defective products unless a claim is notified by you in accordance with the procedure and timeframe specified in Clause 10.

 

Your interactions with other users or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that We are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party's use or disclosure of information about you. If there is a dispute between you and any third party (including any user), We are under no obligation to become involved; however, We reserve the right, but have no obligation, to monitor disputes between you and other users.

 

Without prejudice to anything contained in the Terms, CPL will not be liable in any way for loss, damage, costs or expenses (including loss of profit, revenue, goodwill or data) arising directly or indirectly from any failure or delay in performing any of its obligations under the Terms by reason of any event or circumstance outside the reasonable control of CPL, including but not limited to, strikes, industrial action, failure of power supplies or equipment, war, government action or act of God.

 

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. This disclaimer does not apply to any product warranty offered by us as specified in the product specifications.

 

To the fullest extent permitted under applicable law, We and/or our partners shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of business, profits, goodwill, use, data or other tangible or intangible losses arising out of or in connection with the Website, its services or these Terms, whether or not We are advised of the possibility of such damages. Without prejudice to the generality of this clause 22, Our total liability to you for all liabilities arising out of these Terms, is limited to the value of the product ordered by you.  

 

We, Our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, relevance and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, CPL assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

 

You agree and acknowledge that any material downloaded, uploaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or business or loss of data that results from the download or upload of any such material or the use of the Website.

 

You further agree and acknowledge that CPL shall have no liability to you or any third party with respect to any acts or omissions of any users of the Website or any third party with respect to any of your Comments, including without limitation, claims pertaining to infringement of intellectual property rights therein, and any disputes or matters pertaining to the same should be taken up directly between yourself and the concerned user and/or third party.

 

Notwithstanding any other provision of these Terms, CPL reserves the right to change, suspend, remove or disable access to the Website without notice. In no event will CPL be liable for making these changes. CPL may also impose limits on the use of or access to certain features or portions of the Website, without notice or liability.

 

  1. Links to Other Sites

 

Materials from other users, advertisers and other third parties may be made available to you in the course of your use of the Website. Such third party materials have not been independently authenticated in whole or in part by Us and as such you are advised to verify the same on your own. We do not assume any responsibility whatsoever for any materials posted on the Website by users or any other third party or that which is provided or shared between users of the Website. Without prejudice to the foregoing, you acknowledge that since We do not control materials received from such third parties, (a) you agree that We are not responsible for any such materials, including advertising and information about third party products or services provided by other users or advertisers, and (b) We make no guarantees about the accuracy, currency, suitability, or quality of the information in such materials, and We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful materials made available by such third parties.

 

  1. Website Security

 

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus, bug or worm or other file or software to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet 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. CPL will investigate occurrences that may involve such violations and may involve, and cooperate 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 Our Website can be used on most of the internet browsers, however we recommend to use Google Chrome for optimum user experience.

 

  1. Severability, Entire Terms and Waiver

 

If any part of these Terms 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 shall continue in effect.

 

Unless otherwise specified herein, these Terms and the Website policies constitute the entire agreement between you and CPL with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to www.claesens.in.

 

No failure or delay by Us in exercising any right, power or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy.  Without limiting the foregoing, no waiver by Us of any breach by you of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.

 

  1. Notices

 

All notices and other communications required or permitted hereunder to be given to a party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier or postal service, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision:

 

      If to CPL:

     At care@claesens.in

 

If to You:

     at the email address provided by You to us when You registered as a CPL User

 

  In accordance with the Information Technology Act, 2000 and applicable rules made thereunder, the Grievance Officer for the purpose of your personal sensitive information as governed by the Claesen’s privacy policy is  Francis Xavier 747, 2nd Floor, 1st Stage, Krishna Temple Road, Indiranagar, Bangalore – 560 038.