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These terms and conditions of use (“Terms of Use”) of the Website (as defined below) between packmate (hereinafter referred to as “PackMate”) and the users/ registrants of the Website (“You” or “Your” or “Yourself” or “User”) describe the terms on which PackMate offers You access to the Website and the Services (as defined below) through the Website.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE
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GENERAL
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www.pack-mate.in (“Website”) is an Internet based portal owned and operated by Shree Krishna Paper Mills & Ind Ltd., a company incorporated under the laws of India, with its registered office 4830/24, Prahlad Street, Ansari Road, Daryaganj, Delhi- 110002, India. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by PackMate at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
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www.pack-mate.in shall not be required to notify You whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.pack-mate.in to view the most current Terms of Use. It shall be Your responsibility to check these Terms of Use periodically for changes. PackMate may require You to provide Your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.
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By using this Website or any facility or Service provided by this Website in any way; or merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website’s Privacy Policy available at the homepage, www.pack-mate.in
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PackMate agrees to deliver the merchandise/products ordered by you only at such locations as per the Order Confirmation Form. PackMate shall not be liable to deliver any merchandize/Product or Services purchased by Users for delivery in locations outside India shall not be entertained.
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SERVICES
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The Website is a platform that facilitates the online sale and purchase of branded merchandise and services offered by PackMate various affiliate/ registered merchants/ vendors/service providers (“Services”). The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the Terms of Sale (“Terms of Sale”)
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ELIGIBILITY TO USE
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PackMate reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
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You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
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USER ACCOUNT, PASSWORD, AND SECURITY
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PackMate makes the Services available to You through the Website only if You have provided PackMate certain required User information and created an account (“Account”) through PackMate ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID(collectively, the “Account Information”). The Services may also be subject to procedures for use of the Website, Terms of Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms”). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
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The Website requires you to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify PackMate of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. PackMate cannot and will not be liable for any loss or damage arising from your failure to comply with this Section
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You may be held liable for losses incurred by PackMate or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.
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The Website also allows restricted access to the Services for unregistered Users.
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You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
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If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or PackMate has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PackMate has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
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PRICING INFORMATION
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PackMate strives to provide You with the best prices possible on products and services You buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Sale.
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You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. PackMate expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
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USER OBLIGATIONS
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If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
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Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
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Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
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Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
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Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
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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;
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Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
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Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any PackMate server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
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Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of PackMate, including any PackMate Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
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Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites; Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
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Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website; Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or activity which infringes the rights of PackMate or other third parties;
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Conduct or forward surveys, contests, pyramid schemes or chain letters;
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Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
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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;
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Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
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Violate any applicable laws or regulations for the time being in force within or outside India;
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Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
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You agree that You are solely responsible to PackMate and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which PackMate or its affiliates or its vendors may suffer) for any such breach.
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You agree and acknowledge that PackMate is not the seller of the products and the services and PackMate shall in no manner be deemed to be the seller of the products or services on this Website. PackMate is only facilitating purchase of the products or services by You from the vendor by providing the Services to You.
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You agree that PackMate may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
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USE OF MATERIALS
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Except as expressly indicated to the contrary in any applicable Additional Terms, PackMate hereby grants You a non-exclusive, freely revocable (upon notice from PackMate), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
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You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
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You may not modify or alter product catalogues or any other materials available on the Website;
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You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
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You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
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The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by PackMate.
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Any software that is available on the Website is the property of PackMate or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of PackMate.
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Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.
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USAGE CONDUCT
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You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.
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You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
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You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
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PackMate shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by PackMate with our acquiring bank from time to time
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INTELLECTUAL PROPERTY RIGHTS
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The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by PackMate and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
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The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of PackMate or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of PackMate, the vendor or the third party that may own the Marks.
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Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from PackMate or thirty party owner of such Content.
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THIRD PARTY CONTENT
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The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. PackMates does not provide any guarantee with respect to any the Third Party Content and PackMate shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
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DISCLAIMER OF WARRANTIES & LIABILITY
You expressly understand and agree that, to the maximum extent permitted by applicable law:
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The website, services and other materials are provided by PackMate on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, PackMate makes no warranty that
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he website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free;
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the results that may be obtained from the use of the website, services or materials will be effective, accurate or reliable;
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the quality of the website, services or other materials will meet your expectations; or that
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any errors or defects in the website, services or other materials will be corrected. no advice or information, whether oral or written, obtained by you from PackMate or through or from use of the services shall create any warranty not expressly stated in the terms of use.
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To the maximum extent permitted by applicable law, PackMate will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. PackMate also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
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PackMate will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services or materials, either with or without your knowledge. PackMate has endeavoured to ensure that all the information on the website is correct, but PackMate neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. PackMate shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities 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, PackMate 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 PackMate control. he user understands and agrees that any material 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 or data. PackMate is not responsible for any typographical error leading to an invalid coupon. PackMate accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
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INDEMNIFICATION AND LIMITATION OF LIABILITY
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You agree to indemnify, defend and hold harmless PackMate including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by PackMate 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 of Use. Further, You agree to hold PackMate harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
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Notwithstanding anything to contrary, PackMate entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific voucher or product or service, under which the unlikely liability arises.
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In no event shall PackMate, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not PackMate has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
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