Terms & Condition

1. Introductionx

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE (www.martinkitchenware.com ).

The website name www.martinkitchenware.com– wholly owned by Mudit Aggarwal, a sole proprietor, with his registered K 65,66 Sector-3 Bawana Industrial Area , Delhi-110039 ,India.

Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, you shall be contracting with www.martinkitchenware.com and these terms and conditions including the policies constitute your binding obligations, with www.martinkitchenware.com.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. www.martinkitchenware.com allows the User to surf the Platform or making purchases without registering on the Platform. The term “We”, “Us”, “Our” shall mean www.martinkitchenware.com.

 

Change to the Terms

We may vary or amend or change or update these Terms and conditions, from time to time entirely at our own discretion. You shall be responsible for checking these Terms and Conditions from time to time and ensure continued compliance with these Terms and Conditions. Your use of Products and/or services after any such amendment or change in the Terms and conditions shall be deemed as your express acceptance to such amended/changed Terms and Conditions and you also agree to be bound by such changed/amended Terms and conditions.

Acceptance of Terms

Please carefully read these Terms and Conditions. By accessing or using the Website, you are agreeing to these Terms and Conditions and concluding a legally binding contract with www.martinkitchenware.com. You may not use the Website if you do not accept the Terms and Conditions or unable to be bound by the Terms and Conditions.

In order to use the Website, you must first agree to the Terms and Conditions. In case you use the website, you understand and agree that www.martinkitchenware.com  will treat Your use of the Website as acceptance of the Terms and Conditions from that point onwards.

Limitation of Liability

Notwithstanding anything to the contrary contained herein, neither we nor our affiliates or our officers, directors, employees shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these Terms and Conditions or your usage of Products, even if any of said parties had been advised of, knew of, or should have known of, the possibility of such damages. To the maximum extent permitted by law, our maximum aggregate liability to You for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to Rs.5000/- Only. To the maximum extent permitted by law, You waive, release, discharge and hold harmless www.martinkitchenware.com or its affiliates, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the Products and/or our services.

Opening an Account

In order to use the Website, you will have to create an account on the Website (“the Account”), which can be done either by signing up through your personal E-mail. As part of the application, you will be required to provide an E-mail address and a password which is to be used for logging into the Account in the future. You shall not transfer or share your Account password with anyone, or create more than one Account.

 

Usernames/Passwords

The confidentiality of your Username and Password is to be maintained by you and in case of any misappropriation or unauthorized access of the Account you agree to communicate the same promptly to www.martinkitchenware.com. Any information regarding this will be sent to the E-mail address which was used at the time of sign up.

 

Agreement to receive Mails & Phone calls

You hereby way of accepting these Terms consent to the receipt of communication from us by way of E-mails, newsletters, WhatsApp messages & Phone calls.

 

Links to Third Party Websites

The Website may contain links and interactive functionality interacting with the websites of third parties. www.martinkitchenware.com is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, www.martinkitchenware.com strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

 

 

Use of the App and Website

You agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update or share any information that:

 

belongs to another person or entity and to which you do not have any right.

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person’s privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.

is misleading in any way.

involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.

infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, e-mail address, physical address or phone number) or rights of publicity.

provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses.

tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website.

interferes with another user’s use of the Website.

refers to any app or website or URL that, in martinkitchenware.com’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions.

deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.

contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

 

10. Your Reviews

The Website may allow you to post certain content, data or information of your own, such as reviewing and allowing you to share your experience and views about a particular information, post your comments and reviews in relation to contents on the Website on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to martinkitchenware.com using the Website (collectively referred to “User Content“).

You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that martinkitchenware.com does not endorse any User Content on the Website and is not responsible or liable for any User Content. www.martinkitchenware.com reserves the right to disable access to the User Content on the Website.

You hereby grant martinkitchenware.com a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website:

the User Content is accurate;

use of the User Content you supply does not breach these Terms; and

that such User Content is lawful.

 

Limitation of Liability

You hereby acknowledge that www.martinkitchenware.com shall not be held liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. We are also not liable under any circumstances for damages arising out or related in any way to your inability to access, or your difficulty in accessing the Website, any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, any loss of your data or content from the services, your failure to keep your password or Account details secure and confidential www.martinkitchenware.com shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by third-party vendors accessed through the Website.

 

Disclaimer of Warranties

This Platform will be constantly available, or available at all; or

The information on this Platform is complete, true, accurate or non-misleading.

www.martinkitchenware.com  will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. We do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, your consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates.

 

Indemnification

You agree to indemnify, save, and hold www.martinkitchenware.com, its affiliates, employees, officers, directors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to:

Your use or misuse of the martinkitchenware.com and/or services;

any violation by You of these Terms and conditions; or

any breach of the representations, warranties, and covenants made by You herein. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with our defense and settlement of these claims. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of your association with us or termination of your usage of services.

 

Termination of Access to your Services

The Account can be terminated at any time by:

You by ceasing to use the Website.

martinkitchenware.com, in its sole discretion for any reason or no reason including your violation of these Terms or lack of use of Services. You acknowledge that the termination of services may be affected without any prior notice, and www.martinkitchenware.com may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the services. Further, you agree that www.martinkitchenware.com shall not be liable for any discontinuation or termination of services by any third party.

 

Privacy Policy

Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices. The personal information / data provided to us by you during the course of usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Website.

 

Force Majeure

The failure by www.martinkitchenware.com or its affiliates to perform hereunder when caused by or resulting from fire, floods, embargoes, government regulations or administrative action, war, acts of war (whether war be declared or not), insurrections, riots, civil commotions, strikes, lockouts, terrorist acts, epidemic, pandemic, public health emergency, COVID 19 and any lockdown orders thereunder, acts of God beyond the control of www.martinkitchenware.com or its affiliates (any such event, a “Force Majeure Event”), and which is a result thereof, shall not constitute a default or breach under any Terms and Conditions.

 

Governing Law

These Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Delhi, India. In the event of any dispute arising out of these Terms and Conditions the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996.

OR

Subject to the Dispute Resolution section above, you agree that any claim or dispute You may have against Us must be resolved by a court having jurisdiction in Delhi, India. You agree to submit to the personal jurisdiction of the courts located within Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of your engagement with Us.

 

Grievance Redressal Mechanism

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

 

Name: Mudit Aggarwal

Address: K 65,66 Sector-3 Bawana Industrial Area , Delhi-110039

Phone No: +91-9871500254

E-mail: martinindia1@gmail.com