Introduction
Welcome to www.metercube.com brought to you by Sobha Highrise Ventures Pvt Ltd. In using the www.metercube.com website, you are deemed to have accepted the terms and conditions listed herein. All products/services and information displayed on www.metercube.com constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Metercube.com reserves the right to accept or reject your offer. If you have furnished us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order email and process the order. Our acceptance of your order will take place once product(s) ordered are dispatched.
Access to Website
Use of the website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this site only under the supervision of a parent or legal guardian who agrees to be bound by these terms of use. If your age is below 18 years your parents or legal guardians can transact on your behalf provided they are registered users. Those who choose to access this website from outside India are responsible for compliance with local laws wherever local laws are applicable. Metercube.com will deliver the products only within India if products are ordered even from outside India.
Account and Registration Obligations
If you use Metercube.com, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password.
You shall:
- Provide true, accurate, current and complete information about yourself as prompted by Metercube’s registration form (such information being the “Registration Data”). All the information which compulsorily needs to be filled are marked in Asterix (*) sign
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Metercube.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the user agreement, Metercube.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the site
- To access our resources, you may be required to provide certain information about yourself (such as identification, contact details etc.) as part of the registration process, or as part of your ability to use the resources. You agree that any information you provide will always be accurate, correct, and up-to-date
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our resources. Accordingly, you are responsible for all activities that occur under your accounts/s
- Accessing (or attempting to access) any of our resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our resources through any automated, unethical or unconventional means
- Attempting to copy, duplicate, reproduce, sell, trade, rent or resell our resources is strictly prohibited
- You are solely responsible for any consequences, losses or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability
- Engaging in any activity that disrupts or interferes with our resources, including the servers and/or networks to which our resources are located or connected, is strictly prohibited
Pricing Information
We strive to provide you with the best prices possible on Metercube.com as well as in all our group stores under the brand – METERCUBE. However, sometimes a price promotion and product offerings online may not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices. Prices and availability of products are subject to change without notice.
Credit/Debit Card Details
You agree, understand and confirm that the credit/debit card details provided by you for availing of services on www.metercube.com will be correct and accurate and you shall not use any credit/debit card which is not lawfully owned by you, you agree to provide the correct and valid credit/debit card details to www.metercube.com. Metercube.com will not be liable for any credit/debit 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.
Fraudulent /Declined Transactions
Metercube.com reserves the right to recover the cost of goods, collection charges and lawyer’s fees from persons using the site fraudulently. Metercube.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the site and any other unlawful acts or act of commission or omissions in breach of these terms and conditions.
Electronic Communications
When you visit the site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the 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.
Miscellaneous
- That if a non-delivery occurs because of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Metercube.com for redelivery shall be claimed from you.
- That you will use the services provided by Metercube.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the site and transacting on the site.
- You will provide authentic and true information in all instances where such information is requested of you. Metercube.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Metercube.com has the right in its sole discretion to reject the registration and debar you from using the services of Metercube.com and/or other affiliated websites without prior intimation whatsoever, that you are accessing the services available on this site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this site.
- That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
- That before placing an order you will check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale included in the item’s description.
- Once the product is dispatched from our warehouse it will not be cancelled unless it has non-repairable manufacturing damages.
Website not to be used for
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- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence or civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person’s use or enjoyment of the site.
- Interfering or disrupting networks or web sites connected to the site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- Transaction or publishing any information harmful for the harmony/illegal campaigning or the peace and tranquillity of society.
Metercube.com reserves full right to take appropriate action against you, for violating the above-mentioned rules and regulations.
Colours
We have made every effort to display the colours of the products that appear on the site as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colours will be accurate.
Images
We strive hard to get the real image of every product listed in our website, but it should be considered indicative only.
Modification of Terms & Conditions.
Metercube.com from time to time reserves the right to update the terms & conditions of Use of the site without any prior notification to you. You can access the latest version of the terms & conditions at any given time on Metercube.com. You should regularly review the terms & conditions on Metercube.com. In the event the modified terms & conditions are 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 the modified terms & conditions of this website.
Reviews, Feedback, Submissions
Metercube.com welcomes your comments and feedback regarding this website. All information and materials, including comments, ideas, questions, designs, and the like, submitted to Metercube.com through this website will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including any confidential information. Metercube.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 Metercube.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 Metercube.com and its affiliates for all claims resulting from any comments you submit. Metercube.com and its affiliates take no responsibility and assume no liability for any comments submitted by you or any third party.
Intellectual Property
Metercube.com and its sellers, suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this website. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of Metercube.com or any third party’s intellectual property rights. All rights, on trademark including copyright, in this website are owned by or licensed to Sobha Highrise Ventures Pvt Ltd. You shall not reproduce, display or otherwise use any trademark depicted in this website. 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 Metercube.com. You may not modify, distribute or re-post anything on this website for any purpose.
Objectionable Material
You agree to use the website and any service at your sole risk and that fully permitted under applicable law, Metercube.com and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you.
Indemnity
You agree to defend, indemnify and hold harmless Sobha Highrise Ventures Pvt Ltd /Metercube.com, its employees, 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 Metercube.com or any third party including 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 This clause shall survive the expiry or termination of this user agreement.
Termination/ Discontinuation
Metercube.com may discontinue this website at any time and may do so immediately without notice, and accordingly deny you access to the website, such termination will be without any liability to Metercube.com. Upon any termination of the website by either you or Metercube.com, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the website or otherwise. Metercube.com’s right to any comments shall survive any termination of this user agreement. Any such termination of the website shall not cancel your obligation to pay for the product already ordered from the website or affect any liability that may have arisen under the user agreement.
Limitation of Liability
Your use of this website is at your sole risk. Under no circumstances, shall Sobha Highrise Ventures Pvt. Ltd., be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use this website or your reliance on any information provided on this website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, incidental, consequential, exemplary or otherwise, including without limitation, loss of data, revenue or profits.
Disclaimer
It is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided. To the fullest extent permitted under applicable law, Metercube.com or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the website, its services or this user agreement.
Privacy
Your privacy is very important to us, which is why we’ve created a separate privacy policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this user agreement. To read our privacy policy in its entirety.
Site Security
You are prohibited from violating or attempting to violate the security of the website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Metercube.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from Metercube.com on this website and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Entire Agreement
This user agreement constitutes the entire agreement between you and Sobha Highrise Ventures Pvt Ltd. with respect to your access to and/or use of www.metercube.com.
Governing Law and Jurisdiction
This user agreement shall be construed in accordance with the applicable laws of India. The courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this user agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Sobha Highrise Ventures Pvt Ltd. and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore. The language of Arbitration shall be English.
