CRACINDIA PRIVATE LIMITED herein after called CRACINDIA, through its Media i.e. website - www.cracindia.in called “Website” hereinafter, telephone search, SMS, WAP or any other medium When you access or use any of the Media you agree to be bound by following Terms and Conditions called “Terms” hereinafter
- Interpretation
"Agreement" is for the purposes of for placing an order of goods / Services to its Suppliers / Contractors / Manufacturers or advertisers registered/listed with CRACINDIAas described in this agreement.
"Goods / Services" means Goods / Services described on platform.
"Intellectual Property Rights" Includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
"Order" means an enquiries/ booking request placed by you through CRACINDIAwhich will in turn will be forwarded to respective Suppliers / Contractors / Manufacturers or Advertisers listed with CRACINDIA.
"Product List" means the list of Goods / Services displayed on the Website as amended from time to time.
- Applicability
The terms will be applicable to you once you Visits CRACINDIA Website for any purpose.
- Placement of Order
You have the option of placing the order by calling the supplier / contractor / manufacturer registered with CRACINDIAand/or by using web, wap or by any other means.
CRACINDIA does not sell or claim to sell any liquor or any other product online by itself.
CRACINDIA Just displays list of Suppliers / Contractors / Manufacturers and Advertisers on Website.
CRACINDIA is not responsible for the Quality of any food products/alcohol ordered from the website.
To order goods / Services from CRACINDIA Media you must be of legal age as specified by the appropriate authority and/or as defined in this agreement. Kindly note that persons under 25 years of age residing in INDIA (or any other age limit/or any other restrictions specified by the appropriate authorities) are not permitted to place orders for alcohol, its related goods and any other specified goods by the appropriate authority. CRACINDIA hereby confirms that it does not own any liquor store and is not responsible for selling and delivering liquor or any other goods.
Delivery of any liquor and its related items will be in accordance with the licensing laws and any other applicable laws to which the advertiser is subjected to as per the law of the land
- Completed Orders
You must fulfill or give requisite details for completing an order form for the purposes of booking your order with Suppliers / Contractors / Manufacturers or Advertisers listed on the Website. You warrant that all information and data provided by you in the order form is accurate, complete and up to date
CRACINDIA is not responsible for any losses due to not providing requisite details.
- Delivery
You hereby confirm all products / Services are subject to availability with advertisers and You acknowledge the fact that Booking of Orders are taken/booked by and delivered by Suppliers / Contractors / Manufacturers or advertisers listed with CRACINDIA.
CRAC INDIA does not take any order or booking for products or services and does not responsible for loss due to delivery.
- Miscalculation of Charges/Fees
If the calculation of the fee/charges is insufficient to cover the actual cost of goods which is paid by you to supplier/contractor / Manufacturers or advertiser, then they are not obligated to fulfill your order. Where they chooses not to absorb the additional fee, suppliers/contractors / Manufacturers or Advertisers will notify you that the calculations are different from real costs and offer you the option of paying the difference and going ahead with the order. You may choose to proceed and pay the higher delivery fee or cancel the order.
CRACINDIA is not in this type of business and is not responsible for such miscalculations that happened between you and suppliers/contractors / Manufacturers or Advertisers.
- Returns or Refunds
If at any time You are not satisfied with the quality of the Goods/services You have purchased, You may call Suppliers / Contractors / Manufacturers or Advertisers for its resolution and may claim for a credit, replacement or refund of the purchased damaged or incorrect product to Suppliers / Contractors / Manufacturers or advertisers.
Further, You hereby confirm and agree that You will not claim or allege anything against CRACINDIA in respect of the goods/services which are provided to you by the Supplier / Contractor / Manufacturer or Advertiser. CRACINDIA does not have any refund policy.
- Pricing
CRACINDIA does not sale any material/products directly or through agents so not responsible for any increase or decrease of prices of goods at any time.
- Cancellation and Modification
If at any time you want to make Cancellation or modification of any bookings made at Suppliers / Contractors / Manufacturer or Advertisers shall be strictly in accordance with the Supplier / Contractor / Manufacturer or Advertisers modification and cancellation policy, including with respect to any refund. You will have to directly contact to the respective Supplier / Contractor / Manufacturer or advertiser for processing any requests pertaining to cancellation or modification.
- Content disclaimer:
CRACINDIA does not have any control over and are not responsible for the content of any third-party linked to or framed within the Website, or any third-party advertisements and We expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites.
Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website should not be construed as an endorsement, approval or recommendation by us of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third-party websites is at your own risk.
We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Website is provided in good faith. We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete; and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.
We reserve the right to change, update or terminate the Website and Content or any part of them at any time in our absolute discretion, without notice or liability to you.
All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Media.
CRAC INDIA reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Media. Where appropriate, we will endeavour to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
We reserve the right to disable links to or from third-party sites to any of our Media, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
All those sections in the Media that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and CRACINDIA will at no point of time be responsible for the accuracy or correctness of such information. CRACINDIA reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Media access rules and regulations for any user(s).
CRACINDIAalso reserves the right to impose/change the access regulations of the Media, whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time while they use the Media.
While every attempt has been made to ascertain the authenticity of the content in the Media, CRACINDIA is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Media including but not limited to any decisions based on content in the Media resulting in loss of data, revenue, profits, property, infection by viruses etc.
- Warranty Disclaimer:
Please remember that any provider of goods or services is entitled to register with CRACINDIA. CRACINDIA does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to booking / availing services. CRACINDIA has also not negotiated or discussed any terms of engagement with any of the Suppliers / Contractor / Manufacturer or advertisers. The same should be done by you. Booking, Purchasing and availing goods and services from advertisers shall be at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Media.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Media.
The material and the media used to provide the material (including the website) are provided “AS IS” and “AS AVAILABLE” without warranty of any kind, Either express or implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement CRACINDIA disclaims to the fullest extent permitted under law, any warranties regarding the security, reliability, timeline, accuracy and performance of the media and material.
CRACINDIA does not warranty that any defects or errors will be corrected or that the content is free of viruses or other harmful components.
CRACINDIA disclaims any and all warranties to the fullest extent of the law, including any warranties for any information, goods or services obtained through advertised or received through any links provided by or through the media some countries or other jurisdiction do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from country to country and jurisdiction to jurisdiction.
- DISCLAIMER for "CRACINDIA GUARANTEE" and “Rights”
The "CRACINDIA Guarantee" and "Rights" is a limited assurance offered by CRACINDIA that the name and contact information of the advertiser and the category in which the Supplier / Contractor / Manufacturer or Advertiser is listed by CRACINDIA have been verified as existing and correct at the time of the their application to register with CRACINDIA. CRACINDIA makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the Supplier / Contractor / Manufacturer or Advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.
- ADDITIONAL DISCLAIMER:
Users using any of service of CRACINDIAacross the following mediums i.e. through internet i.e.www.cracindia.inWebsite, Wap, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon, make any kind of booking or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Suppliers / Contractors / Manufacturer or Advertiser listed with CRACINDIA.
All the Users are cautioned that all and any information/products/goods or services of whatsoever nature provided or received from the Supplier/s / Contractor/s / Manufacturer/s or Advertiser/s is taken in good faith, without least suspecting the bonafides of the Supplier/s / Contractor/s / Manufacturer/s or Advertiser/s and CRACINDIA does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Supplier/s / Contractor/s / Manufacturer/s or Advertiser/s listed with CRACINDIA. Further, CRACINDIA is not at all responsible for any act of Advertiser/s listed at CRACINDIA.
- Unlawful Activity
CRACINDIA reserve the right (at our discretion) to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information etc..
- Risk and Title
You herewith confirm that you are all aware about the risk in the goods / Services passes to you upon delivery of the goods / Services to the delivery address by the Supplier/s / Contractor/s / Manufacturer /s or advertisers listed on CRACINDIA.
- Indemnity
You agree to indemnify CRACINDIA and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including any and all attorneys' fees) that may arise from your submissions, and from your unauthorized use of goods obtained through CRACINIDA (via its advertiser), from your breach of this Policy, or from any such acts arising through your use of cracindia.in. These obligations will survive any termination of the Terms.
- Limitation of liability:
You acknowledge that CRACINDIA is provided "as is site" and that CRACINDIA is not making and has not made any warranty or representation as to suitability, merchantability, quality of the goods / Services which will be supplied or delivered by its listed Supplier/s / Contractor/s / Manufacturer /s or advertisers for any particular purpose. You agree that in using CRACINDIA, You are not relying on any statement or representation made by us which is not expressly contained in this Agreement.
In No event CRACINDIA be Liable to you on account of your booking, use, misuse or reliance on the media for any damages whatsoever including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profit, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if CRACINDIA are aware of or have been advised of the possibility of such damage arising out of or connected with the use (or inability to use) or performance of the media, the materials or the internet generally or the use (or inability to use) reliance upon or performance of any material contained in or accessed from any media CRACINDIA does not assume any legal liability or responsibility for the accuracy, completeness or usefulness of any information apparatus product or process disclosed on the mediator other material accessible from the media.
.You assume all responsibility and risk for use of this media and the internet generally the foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law some countries do not allow the exclusion or limitation of liability of consequential or incidental damage so the above exclusion may not apply to all users in such countries liability is limited to the fullest extent permitted by Law.
- Changes:
We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes. If any such change or modification is unacceptable to you, do not use the Website. If following any such change or modification you continue to use the Website or Content, you will be deemed to have accepted those changes or modifications.
- Privacy Policy:
CRACINDIAis committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. You hereby confirm and acknowledge that the contact details and other details provided by you to CRACINDIA will be used and forwarded by CRACINDIA to the respective Supplier/s / Contractor/s / Manufacturer/s or advertisers for which call or enquiry has been made by you.
- General Instructions
CRACINDIA's listed Supplier/s / Contractor/s / Manufacturer/s or advertiser/s actual business owners who has processed and delivered your order as per your request is solely responsible for quality, delivery and billing of the products. CRACINDIA only acts as channel between you and the actual business owners/listed Supplier/s / Contractor/s / Manufacturer/s or advertisers.
We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Website or its Content for any particular purpose.
We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the goods supplied/delivered by the Advertiser.
We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website, or the Website's inability to meet your needs.
We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website, which is beyond our control. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.
- Force Majeure
CRACINDIA and its advertiser will be not be liable for breach of this terms of use to the extent caused by or arising from prohibition or restriction by law or regulation or any government, fire, flood, storms, weather, strike, lock-out or other labour problems, accident, riots, acts of God or any other events which is beyond its control.
- Arbitration:
In the event a dispute arises between you and CRACINDIA as per the terms of use, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 120 days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Mumbai. The arbitration shall be conducted by a sole arbitrator appointed by CRACINDIA. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.
- Governing Law and Jurisdiction:
This terms of use shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.
- Provisions are severable.
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
Please exit www.cracindia.in site, if you don't agree to the terms contained in this Policy.
