Standard Terms And Conditions
These Standard Terms and Conditions (these “Terms” or these “Standard Terms And Conditions”) contained herein on https://toolsmegamart.com/ (“webpage”), governs your access and use of this Website/Marketplace and applies to all visitors, users and others who access the Service (“Users”). If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website/Marketplace. TOOLS MEGA MART will not be liable for any consequences arising from your unauthorized use. We may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website/Marketplace. All changes are effective as soon as we post them and by continuing to use the Website/Marketplace and avail of the Services, you agree to be bound by the revised terms and conditions of use. Your use of Website/Marketplace is subject to the most current version of the terms of use posted on the Website/Marketplace at the time of such use.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.
TOOLS MEGA MART is a Website/Marketplace operated by Burhani Iron and Steel Center, having its registered office at No 101 BROADWAY Chennai , Tamil Nadu, India – 600 108.
2.1 All Content included on the Site including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of TOOLS MEGA MART, our affiliates or other relevant third parties. By continuing to use the Site you acknowledge that such material is protected by applicable intellectual property and other laws.
2.2 Your use of the Site and its contents grants you no right to reproduce, copy, distribute, store or in any other fashion re-use material from the Site unless otherwise indicated on the Site or unless given express written permission to do so by TOOLS MEGA MART or the relevant supplier or manufacturer.
2.3 Except as expressly provided in these terms of use, no part of TOOLS MEGA MART and no content or marks, data, statistics, independent research conducted and posted by TOOLS MEGA MART may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“mirroring”) to any other computer, server, Website, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.
2.4 By accepting the use of terms hereunder you agree that the TOOLS MEGA MART does not transfer/assign the title to the Website to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by TOOLS MEGA MART, we retain the full and complete right, title and interest to the Website, and all intellectual property, title and interest to the Website, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Website in any manner which is contrary to this Agreement.
2.5 Any usage of TOOLS MEGA MART’s contents, without the written authorization of TOOLS MEGA MART, shall be considered a breach of this Agreement, and you shall be required indemnify TOOLS MEGA MART for all liability incurred in this regard.
i) In order to access the Services, you will need to register on the Website and create a “Member” account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion on the Website.
ii) By using the Services and completing the registration process, you warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (d) you are eligible in accordance with Indian Contract Act 1872, to enter into a binding contract and are not a person barred from receiving the Services under applicable laws ; and (e) you may use the Website or such other Services provided through the Website only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. We shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the information provided by you on the Website. Your profile may be deleted by us by informing you 24 (twenty four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under this Agreement or the Privacy Policy.
iii) You must provide your full legal name, valid email address and any other information requested from you, from time to time, in order to complete the registration process and be entitled to use the Services. The information provided by you may be shared by us with any third party for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this Website you expressly consent to such sharing of the information provided by you.
iv) Upon completing the registration process, you will be provided with a user identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify TOOLS MEGA MART of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to: support@toolsmegamart.com or reach us at +91 70108 35261
You are expressly and emphatically restricted from all of the following:
i. publishing any Website material in any media
ii. selling, sublicensing and/or otherwise commercializing any Website material
iii. publicly performing and/or showing any Website material
iv. using this Website in any way that is, or may be, damaging to this Website;
v. using this Website in any way that impacts user access to this Website
vi. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity
vii. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website
viii. using this Website to engage in any advertising or marketing
ix. Disrupt or interfere with the security of, or otherwise cause harm to the Website, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website/Marketplace or any affiliated linked sites; Certain areas of this Website are restricted from access by you and TOOLS MEGA MART may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
5.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. You agree that you are solely and exclusively responsible for any and all content that you create, transmit or display while using the Services and you are solely and exclusively liable for the consequence of your actions (including any loss or damage which TOOLS MEGA MART may suffer). TOOLS MEGA MART exercises no control over the content posted on the Website using the Services. Your use of the content accessed or displayed using the Services is entirely at your own risk.
5.2 A search using the Services may produce results and links to sites and content that you may find objectionable, inappropriate, or offensive and we accept no liability of responsibility for any such content. It is also possible that your use of the Services will return to you information regarding products, merchants and links to Websites of third parties selling the product information requested by you. TOOLS MEGA MART hereby disclaims any and all responsibility and liability associated with the same.
5.3 You acknowledge and agree that TOOLS MEGA MART is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
5.4 You shall be responsible for monitoring your content, documents and other data and shall be liable to us for ensuring that the content transferred to or handled by or within Services does not infringe any third party rights. You warrant that you possess such necessary licenses as may be required in order to process your content or use the Services.
5.5 You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5.6 You hereby acknowledge and understand that as a part of selling products on the Marketplace, various vendors may post images, descriptions and other content. We as TOOLS MEGA MART are independent aggregators of these vendors and will have no liability in relation to such content posted by the said vendors, including without limitation, in terms of the authenticity or reliability of such content, in any manner whatsoever.
5.7 Your Content must be your own and must not be infringing on any third party’s rights. And such Content shall not;
Contain any defamatory, obscene, offensive content or any content otherwise unlawful in any manner.
ii. Promote discrimination
iii. Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011,
iv. Threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or is insulting to another nation and; In Addition TOOLS MEGA MART reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
You expressly agree that your use of our Site and its services is solely at your own risk. You agree that our Site’s services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Site’s services or any transactions entered into through our Site. No advice or information, whether oral or written, obtained by you from us or through the services shall create any warranty not expressly made herein.
In no event shall TOOLS MEGA MART, nor any of its officers, partners and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and TOOLS MEGA MART, including its officers, partners and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent TOOLS MEGA MART from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
TOOLS MEGA MART is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
TOOLS MEGA MART shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between TOOLS MEGA MART and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
13.1 These Terms will be governed by and construed in accordance with the laws of INDIA, and you submit to the exclusive jurisdiction of the courts situated at CHENNAI-Tamilnadu INDIA for the resolution of any disputes over any claim arising from, or related to, a visit to / use of the Website/Marketplace or the Services, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country. The laws of India govern this Agreement and these terms and conditions of use of the Services.
13.2 TOOLS MEGA MART accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that Website/Marketplace can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.
14.1 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service or of vendors on the Marketplace, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or vendor. You agree that, save as set out herein, TOOLS MEGA MART shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or the vendors on the Services/the Marketplace.
14.2 The content of the Website/Marketplace, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any Questions or concerns you may have regarding your individual needs and any medical conditions. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Website/Marketplace. Reliance on any such content is solely at your own risk.
These terms of use refer to the following additional terms, which also apply to your use of our Site:
- Our Privacy Policy
- Our Cancellation and Refund Policy
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, and under no circumstances will we be liable to you or to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) if we do not notify you of such suspension or withdrawal.
We reserve the right to refuse the service to anyone for any reason at any time without the need to provide any justification or reason for such refusal.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.