CONDITION OF USE
Welcome to www.mymartini.in website ("www.mymartini.in", "MARTINI", "we", "us"). Rubicon Exim Pvt. Ltd. and/or its affiliates provide website features to you subject to the following conditions.If you visit or shop at www.mymartini.in, you accept these conditions. Please read them carefully.
DESCRIPTION OF SERVICES
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
LICENSE AND SITE ACCESS
MARTINI grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MARTINI. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MARTINI. You will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MARTINI without express written consent. You will not use any meta tags or any other "hidden text" utilizing MARTINI's name or trademarks without the express written consent of MARTINI. Any unauthorized use terminates the permission or license granted by MARTINI. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MARTINI as long as the link does not portray MARTINI, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.
You will not use any MARTINI logo or other proprietary graphic or trademark as part of the link without express written permission.
The site MARTINI is not available to minors under the age of 18 or to any users suspended or removed from the system by MARTINI for any reason.
Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your MARTINI account to another party.
If you do not qualify, you may not use the MARTINI Service or the Site.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
MARTINI may sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method.
If you are under 18, you may use www.mymartini.in only with involvement of a parent or guardian. MARTINI reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
The price displayed for products on our website represents the maximum retail price listed on the product itself. We might offer certain products at a lower price. These products would be listed in Sale section. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, unless the product has already been dispatched. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If the order is cancelled after the payment has been processed, the said amount will be reversed back to the user. DISCLAIMER OF WARRANTY
All content, product and services on the site are provided to you "As is" without warranty of any kind either expressed or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
MARTINI does not endorse and is not responsible for any content provided on linked sites or the capabilities or reliability of any product or service obtained from a linked site.
Other than as required under applicable consumer protection law, under no circumstances will MARTINI be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or users reliance on any product or service obtained from linked site.
It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professional, as appropriate regarding the evaluation of any specific opinion, advice, product, service or other content
LIMITATION OF LIABILITY
MARTINI will not be liable for short delivery or defective Goods unless a claim is notified by you in writing within 3 days of delivery in accordance with Return Policy.
The notification must include the invoice number, Order Number and details of the claim. MARTINI will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of MARTINI, including but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
You expressly understand and agree that MARTINI and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MARTINI has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related services.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
You agree to indemnify and hold MARTINI (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to your breach of this COU, or your violation of any law or the rights of a third party.
When you visit www.mymartini.in or send e-mails or texts to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, text, or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
We may provide content features that will allow visitors to post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In such case you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. MARTINI reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant MARTINI a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MARTINI and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MARTINI for all claims resulting from content you supply.
MARTINI has the right but not the obligation to monitor and edit or remove any activity or content. MARTINI takes no responsibility and assumes no liability for any content posted by you or any third party.
The Site or third parties may provide links to other World Wide Web sites or resources. Because MARTINI has no control over such sites and resources, you acknowledge and agree that MARTINI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MARTINI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
MODIFICATION AND NOTIFICATION OF CHANGES
MARTINI, www.mymartini.in, the MARTINI logo, and other MARTINI graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade address of MARTINI in the INDIA and/or other countries.
MARTINI's trademarks and trade dress may not be used in connection with any product or service that is not MARTINI's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MARTINI.
All other trademarks not owned by MARTINI that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MARTINI.
SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provisions of this Conditions for Use, or any general legal principles to the contrary, any provision of this Conditions for Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Conditions for Use.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time MARTINI may offer special promotional offers which may or may not apply to your MARTINI account. You agree to be bound by any additional terms and conditions for these special offers.
Headings are for reference purposes only and do not limit the scope or extent of such section. This Conditions of Use and the relationship between you and MARTINI will be governed by the laws of the State of New Delhi without regard to its conflict of law provisions.
You and MARTINI agree to submit to the personal jurisdiction of the competent state courts located in the State of New Delhi with respect to any legal proceedings that may arise in connection with this Conditions of Use. The failure of MARTINI to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. MARTINI does not guarantee it will take action against all breaches of this Conditions of Use. Except as otherwise expressly provided in this Conditions of Use, there shall be no third-party beneficiaries to this Conditions of Use. This Conditions of Use constitutes the entire agreement between you and MARTINI and governs your use of the Site, superseding any prior agreements between you and MARTINI with respect to the Site.