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This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Agreement shall be construed in accordance with the applicable laws of India. The Courts at Pune shall have exclusive jurisdiction in any proceedings arising out of this agreement.
You also agree to:
While xlimitz.com strives to provide accurate product and pricing information, pricing errors or typographical errors may occur. xlimitz.com cannot confirm the price of a product until after you order. 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, xlimitz.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item carries an incorrect price, xlimitz.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted/confirmed and xlimitz.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address or phone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that xlimitz.com accepts your order the same shall be debited from your debit/credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to xlimitz.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your debit/credit card account.
There may be certain orders that we are unable to confirm/accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. 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 our debit/credit and fraud avoidance department. We may also require additional verifications or information before confirming/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 your debit/credit card has been charged, the said amount will be reversed back in your Card Account.
In case 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. On cancellation of an order after it has been processed/approved by xlimitz.com, the cancellation charges will become applicable @ flat rate of 10% of the order value.xlimitz.com has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by xlimitz.com and accept xlimitz.com's decision regarding the cancellation.
Please Note: Along with the other terms and conditions these additional terms are applicable in case you have bought any products not manufactured by xlimitz.com and its group companies. In other words these additional terms and conditions are applicable in case you buy products sold on xlimitz.com by third party vendors. You understand and agree that there may be certain products, which will be sold on the Site by third party vendors ("Vendors"). xlimitz.com may not be able to control the transactions or the acts and omissions of the Vendors in such transactions. When you buy such products from Vendors on the Site the following additional terms and conditions will become applicable:
All other terms and conditions of this User Agreement are applicable to such transactions.
You agree, understand and confirm that the debit/credit card details provided by you for availing of services on xlimitz.com will be correct and accurate and you shall not use the debit/credit card which is not lawfully owned by you, i.e. in a debit/credit card transaction, you must use your own debit/credit card. You further agree and undertake to provide the correct and valid debit/credit card details to xlimitz.com. Further the said information will not be utilized and shared by xlimitz.com with any of the third parties unless required by law, regulation or court order. xlimitz.com will not be liable for any debit/credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
xlimitz.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. xlimitz.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
You consent to receive the communications from xlimitz.com electronically. xlimitz.com will communicate with you through email or by posting notices on the Site.
You Agree and Confirm
We have made every effort to display the colors and textures of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your specific technical factors. We cannot guarantee that the display of any color/texture you view will be as accurate as it exists in reality.
xlimitz.com may at any time modify the User Agreement without any prior notification to you. You can access the latest version of the User Agreement at any given time on xlimitz.com. You should regularly review the User Agreement on xlimitz.com. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to xlimitz.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain xlimitz.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to xlimitz.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, xlimitz.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. xlimitz.com 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. xlimitz.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". xlimitz.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant xlimitz.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify xlimitz.com and its affiliates for all claims resulting from any Comments you submit. xlimitz.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray xlimitz.com or any of its products and services, including third party products listed on xlimitz.com, in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an xlimitz.com logo or other proprietary graphic of xlimitz.com to link to the Sites without the express written permission of xlimitz.com.
xlimitz.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of xlimitz.com or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to xlimitz.com. 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 the permission of xlimitz.com. You may not modify, distribute or re-post anything on this website for any purpose. xlimitz.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of XLimitz Adventure World Private Limited. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply xlimitz.com endorsement, sponsorship or recommendation of the third party, information, product or service. xlimitz.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of xlimitz.com or its suppliers and protected by Indian and International copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by xlimitz.com, one of its affiliates or by third parties who have licensed their materials to xlimitz.com and are protected by Indian and International copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Contents on this Site is the exclusive property of xlimitz.com and is also protected by Indian and International copyright laws.
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law,xlimitz.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless xlimitz.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to xlimitz.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, 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 expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or xlimitz.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. xlimitz.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site. Such termination will be without any liability to xlimitz.com. Upon any termination of the User Agreement by either you or xlimitz.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr Shrikrishna Kaduskar
M/s XLimitz Adventure World Private Limited
6/5 Shri Daulat Society, Opp Choice Health Club,
Behind Mc Donalds, Karve Road, Kothrud,
Pune 411038, INDIA
Phone: 020 64000482
Time: Monday to Friday (10.30 - 17.30)