- 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.
- Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions.
- 1.General Information
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
All products/services and information displayed on FirstCry.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. FirstCry.com reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of FirstCry.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
Membership Eligibility:Use of the Site 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. You may use this site only if your age is over 18 years. FirstCry.com reserves the right to terminate your membership and refuse to provide you with access to the Site if FirstCry.com discovers that you are under the age of 18 years. In case of a business entity, you represent that you have the necessary authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. FirstCry.com makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. FirstCry.com will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Unless otherwise stated as additional terms and conditions which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of FirstCry.com you agree to be bound by the Terms and Conditions.
If Firstcry.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential .
Firstcry.com may disable your user ID and password in Firstcry.com's sole discretion without notice or explanation.
- 2.Account and Registration
It is the user’s responsibility to keep the details of the account and password confidential and you agree to accept responsibility for all activities that occur under Your Account or Password. FirstCry.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by the user to protect the account details or the password. In case of any suspected breach please contact us immediately. If FirstCry.com has reason to believe that there is likely to be a breach of security or misuse of the FirstCry.com Site, we may require you to change your password or we may suspend your account without any liability to FirstCry.com.
You also agree to:
1. Provide true, accurate, current and complete information about yourself as prompted by FirstCry website during the registration process (such information being the "Registration Data")
2. 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 FirstCry.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, FirstCry.com will have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
- 3.Pricing, Promotions & Coupon Codes
While FirstCry.com shall endeavour to provide accurate product and pricing information, yet typographical errors might occur. FirstCry.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, FirstCry.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 is mis-priced, FirstCry.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 and FirstCry.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that FirstCry.com accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to FirstCry.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 credit card account.Applicability of VAT/CST:Following rules will govern whether or not an additional VAT/CST will be applicable on the products purchased by you:
1. VAT/CST applicability: For a product, if the total discount percentage is greater than or equal to 19% of MRP, then VAT/CST will be collected from customer over and above the discounted price arrived after applying discount on MRP.
Example of two scenarios where the Discount is Less than 19% and more than 19% for a product at which 5% VAT is applicable
VAT Rate 5% 5% Discount 10% 25% MRP 100 100 Less:Discount 10 25 Price After
90 75 Add:VAT 0 3.75 Net Price
VAT collected on the discounted price is duly deposited with the respective Sales Tax Authorities having jurisdiction or adjusted as per the applicable VAT/CST Act and Rules
Price after discount in no way should be treated as the revised MRP. Discount % shown on MRP is only for the purpose of calculation of Discount amount and VAT is charged as per the explanation given above
2. VAT/CST amount: If applicable, the amount of VAT/CST collected from customer depends on category to category and the VAT/CST applicable on such product as per the local VAT/CST laws
3. The amount of taxes shown at the cart level is a mere estimate. The actual taxes payable shall be determined basis the warehouse (based on availability of the products) from where the goods are being shipped, which will be checked once the order is placed. Only in case of taxes being lower than the estimate taxes (based on the warehouse from where the goods would be shipped), the customer would be notified of the same and any additional taxes paid by the customer would be duly refunded to the customer.
4. VAT/CST amount if applicable,will not be inlcuded in the final value of the products while placing the order. For example - In order to meet cart condition of Rs 499 and to avoid shipping charges, a user is required to add products products worth Rs 499 in the cart post all discounts, coupon codes, cash back codes and charges (Shipping, COD and VAT/CST charges).
Promotion Offers:For any returned or undelivered orders, partial or whole, the user will not be eligible to avail of the offer used to purchase the original order. The benefit of the offer would also not be included in the refund provided. If the product(s) returned are part of any free offer, Eg: Buy 2 get 1 free or Buy 1 get 1 free, all the products related to the offer would have to be returned by you, as they have been purchased as part of a group offer. The refund/replacement process would only be initiated once all the products have been returned.
From time to time, we may provide a free sample or gift along with our orders which are eligible for the offer. These samples/gifts will not be eligible for return/replacement/refund under any circumstances.
Coupon Codes & Cart Offers:To offer special discounts to our users from time to time, we share coupon codes based discounts. To prevent any possible misuses we have put in place a few checks on the ways in which these coupon codes can be used. To make the best use of the coupon code offers, please go through the following terms and conditions applicable on all coupon codes
1. Coupon Codes & Cart Offers based offer will be valid upon application of the coupon code at the time of placing order.
2. Coupon Codes & Cart Offers will be valid till the date communicated or till stocks last on the applicable products, whichever happens earlier.
3. Coupon Codes & Cart Offers will not be valid on Diapers, Combos, Women’s Hygiene, Formula and Supplements, Beverages and Juices, Bottles & Accessories and on the brands Charlie Banana, Foscam, Melissa & Doug, Motorola, Patanjali, Pinehill, Tupperware, Wanna Party, Bio Oil, BeCool, Alex Daisy, Jane, Chicco, Enfagrow and Wudplay unless otherwise mentioned.
4. A Coupon Codes & Cart Offers can be used only once per user per household unless otherwise mentioned.
5. A Coupon Codes & Cart Offers cannot be clubbed with any other coupon code or with any other offer including offers running on the site without using coupons.
6. A coupon will provide the stated discount of the coupon code or the discount already stated on the product whichever is higher unless otherwise mentioned.
7. Coupon codes shared individually with a user will be applicable on purchase made by that particular user only.
8. The website reserves the right to change the terms and conditions of any coupon code any time without prior intimation.
9. Shipping / Cash on delivery rules and charges apply on the net amount payable upon application of the coupon code unless otherwise mentioned.
10. Cashback coupons are valid for next purchase as per the conditions mentioned with the Cashback offer.
11. The Cash Coupons added to an account can be changed/updated at any point of time by Brainbees Solutions Pvt. Ltd. without any prior intimation. These changes could be made from time to time even before the valid expiry date of the existing Cash Coupons.
12. Most offers are applicable at the FirstCry.com stores. For details please contact the store near you.
Cashback Offers are run from time to time to award users for their purchase from FirstCry.com. The terms and conditions applicable with these Cashback offers are as below
• The Cashback amount, the purchase conditions and the product range on which the Cashback offer is valid will be as specified along with the Cashback offer
• The Cashback amount will be received by the user as a coupon through a Cashback email. The Cashback coupon would be received by you up to 10 days after the delivery of the order. Eg: If your order has been delivered on 3rd September, you would be receiving the Cashback coupon on mail latest by 13th September.
• Cashback will not be earned on purchases from the categories Bottles & Accessories, and Formula & Supplements.
• Cashback will not be provided for any product(s) which have either not been delivered to you or which has been returned by you. In the event of any replacement provided to you, the replacement product value will not be added to the cashback calculations available to you to redeem on site.
• Redemption of the Cashback coupon will not be applicable on Baby Diapers, Formula & Supplements, Bottles & Accessories, World Food, Beauty & Personal Care, Super Savers and Gift Packs categories as well as on the brands Charlie Banana, Foscam, Melissa & Doug, Motorola, Patanjali, Pinehill, Tupperware, Wanna Party, Bio Oil, BeCool, Alex Daisy, Jane, Chicco, Enfagrow and Wudplay unless otherwise mentioned.
• The maximum Cashback given out is Rs. 250 and is applicable on the MRP of the product, unless mentioned otherwise
• The Cashback coupon can be used till the date of validity as specified in the Cashback email
• The company reserves the right to change the terms and conditions of the Cashback offers without prior intimation
• The Cashback is not applicable on cancelled orders
The terms and conditions applicable for Gift Certificate are as below
• Gift certificate Delivered via email.
• The Gift Certificate can be used against your purchase on FirstCry.com.
• Customers must open a free account at FirstCry.com to redeem his or her gift certificate.
• Every gift certificate has a unique code. To redeem the gift certificate, enter this code in your shopping cart.
• Both a gift certificate and credit card may be used to pay for your order. If both are used, we will charge the gift card first and the remaining balance will be charged to your credit card.
• Unused gift certificates may not be redeemed for cash.
• Gift certificates are not replaceable if lost or stolen.
• Gift certificates value can be redeemed in multiple purchases.
• Gift certificates can be redeemed within a period of one year from the date of purchase.
• Gift certificates may only be redeemed for orders shipped in India.
• Gift Certificate cannot be purchased through Cheque/Cash on Delivery.
- 4.Third Party Offers
10% MobiKwik CashBack when you Pay through MobiKwik wallet. - 1st April (00:00 hrs) to 30th April 2017 (23:59 hrs)
� 10% MobiKwik cashback
� Max cashback is Rs. 100
� No coupon code is required to avail the offer
� Offer can be availed once per user
� Offer valid from 1st April (00:00 hrs) to 30th April 2017 (23:59 hrs)
� Cashback will be auto-credited to your MobiKwik wallet within 24 hours
Instructions for Wallet Cashbacks.Brainbees Solutions Pvt. Ltd. holds the right to not accept refund of transactions where the refund value is less than the Cashback value issued by any wallet. For example user X did a transaction for Rs 500 and got a Cashback from wallet for Rs 200, now user wants to refund one part of the product costing Rs 160. In this case refund value is less than the cashback issued to the customer and refund will not be accepted. User X, will either be given a Gift Voucher or Cash Refund of the same amount which can be used on site with the next purchase.
We accept Paytm, MobiKwik and PayUMoney wallets for online transactions. You can also redeem exciting deals and cash backs which would be mentioned above. These offers are subject to change and we request you to check this space before making the purchase.
- 5.Transactions & Cancellations
Minimum Order Value:To place an order on FirstCry.com the minimum order value has to be more than Rs. 149.00
Credit Card Details:You hereby agree, understand and confirm that the credit card details provided by you for availing of services on website will be correct, accurate and current. Under no circumstances you shall use a credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to us. The card details will not be utilised and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove it otherwise' shall be exclusively on you.
Fraudulent /Declined Transactions:In case of fraudulent use of the site, we reserve the right to recover the cost of goods, collection charges and lawyers fees from person(s) concerned. We reserve the right to initiate legal proceedings against such person(s) for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
Cancellations by the Customer:In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders.
Cancellation by FirstCry.com:Under certain circumstances it might not be possible for us to accept an order and we may be compelled to cancel the same. We reserve the right to refuse or cancel any order for any reason at our sole discretion. 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 credit and fraud avoidance department. We may also ask for additional verifications or information before 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 credit card has been charged, the said amount will be reversed back in your Card Account. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.
Payment:While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
1. lack of authorization for any transaction/s,
2. or exceeding the preset limit mutually agreed by you and between your "Bank/s",
3. or any payment issues arising out of the transaction,
4. or decline of transaction for any other reason/s.
All payments made against the purchases/services on FirstCry.com by you shall be compulsorily in Indian Rupees acceptable by the Union of India. FirstCry.com does not accept any other form of currency with respect to the purchases. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
- 6.Guidelines for Writing Product Reviews
Who can write a product review on Firstcry.com?Anyone who has an account with Firstcry.com can write a product review.
Are there any specific rules that need to be followed while writing a review?No, there are no specific rules which need to be followed while writing a review. However we have we put together some guidelines which can be followed while writing a product review -
1. Be Precise and SpecificWhile writing a product review you should keep in mind the fact that other Firstcry users might use your review to form a judgment, whether to select the product or not. Therefore a precise, specific & unbiased product review plays a critical part and would always help a customer make a better choice about which product to buy.
2. Don't keep any loose endsAlways keep all the details provided well settled and explained. Incomplete or inaccurate information will not help any customer other than confusing them about the product.
3. Spell what is requiredA good review should serve the most basic purpose i.e. what you liked/disliked about the product and why with the exact details.
4. Remove distractions from reviewBefore submitting the review for moderation it is wise to spell check and proofread your review accurately.
What needs to be avoided while writing a review?Firstcry reserves the right to not include the product review that include any one or more of the following -
1. Inappropriate content - like promotional information or phone numbers.
2. Information not related to product - Shipment/Delivery Experience, availability, ordering etc
3. Inaccuracies in product information & product catalogue.
4. References - to other retailers, pricing, personal information etc.
5. Copying and pasting text from other reviews, guides, or sources.
6. Comments on other reviews posted on the product page.
7. Foreign language content.
8. Off-topic information or obscene content.
9. Irrelevant user IDs or email ids used for posting reviews.
- 7.User Conduct
You Agree and Confirm:1. That you will use the services provided by FirstCry.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.
2. You will provide true, accurate, complete and current information in all instances where such information is requested of you. FirstCry.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), FirstCry.com has the right in its sole discretion to reject the registration and debar you from using the Services of FirstCry.com and / or other affiliated websites without prior intimation whatsoever.
3. To compensate FirstCry.com for any extra cost incurred for redelivery in the event of a non-delivery in the first instance on account of a mistake by you (i.e. wrong name or address or any other wrong information).
4. That you using your best and prudent judgment before entering into any transaction through this Site doing so at your sole risk.
5. After placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
You may not use the Site for any of the following purposes:1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice or constitutes a criminal offence.
3. Gaining unauthorised access to other computer systems.
4. Interfering with any other person's use or enjoyment of the Site.
5. Breaching any applicable laws.
6. Interfering or disrupting networks or web sites connected to the Site.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. Design details and Colours.
We have made every effort to capture high resolution images of our products so that you get a feel of the design details and colours of our products that appear on the Site as accurately as possible. However, what you actually see will depend on your monitor; we cannot guarantee that your monitor's display of any colour or other details will be accurate.
Electronic Communications:When you visit the Site or send emails to us, you are communicating with us electronically. You hereby provide your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You hereby agree that all notices, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- 8.Is it safe to use my Credit Card Online at FirstCry.com?
- 9.Shop 'n' Earn Loyalty Cash
I. Program Overview:1. This is an exclusive FirstCry.com program designed to reward Firstcry.com customers for purchasing products from this site. The Program is available on the FirstCry.com Websites, Mobile Apps and Stores and cannot be used in case of products being purchased from third party sites or stores.
2. Participation in the Program and the benefits that are offered to Program members is at the sole discretion of DARP, and we have the right to change the respective Program terms and conditions, in whole or in part, at any time with or without giving any notice to its Members.
3. Program is available only to retail customers who are transacting on FirstCry.com website or in the FirstCry.com stores, and would not be available to any wholesale/ third party customers purchasing any FirstCry.com product(s).
II. Eligibility and Registration Requirements:1. You must be of legal age (18 years) to qualify for membership in the Program.
2. Members must be human: no machines, scripts, or automated services may be used to participate in this program.
3.To begin the enrolment process, you will submit a complete Program Application via the FirstCry.com Site or Store. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that you are unsuitable for the Program.
III. Earning and Redeeming Rewards:1. You become a part of this program automatically on registering on FirstCry.com or on Purchasing at FirstCry.com Stores.
2. DARP may, in its sole discretion, introduce time-limited promotional offers ("Promotion") that enable Program Members to earn additional rewards for the completion of actions that are specified by us.
3. Once a Member meets all applicable requirements for a Promotion, the designated number of rewards specified by that Promotion shall be transferred to the Member. If eligible, the loyalty cash would be credited to the users account within 48 hours of successful delivery of the order. Cancelled / Returned orders shall not add loyalty cash to your account.
4. If you choose to return/cancel part or whole of any order for which you have earned loyalty cash, DARP may refund you a deducted amount based on the Loyalty Cash earned for the returned/cancelled product. Eg. If you return any product/products, priced at Rs. 500 which have earned you Rs.50 loyalty cash, DARP holds the right to refund you only Rs. 450 to adjust for the Loyalty Cash earned by you.
5. DARP is not responsible for changes to, or discontinuance of, any Promotion or for any effect on accrual of rewards caused by changes or discontinuance.
6. At no point, can the earned Loyalty Cash be redeemed for cash. It may only be used to purchase products on FirstCry.com except in one condition where Guaranteed Savings Code is also used against the products in the order.
7. The eligibility to use the Loyalty Cash against your purchased amount can be changed by DARP at any time during the program without prior intimation to the users.
8. You will not earn any Loyalty Cash in the following scenarios:
a. If you have availed any offer which provides product(s) for free in your order.b. If you choose to earn Loyalty Cash from any other third party provider such as Payback.
9. Your loyalty cash will be reduced by the percentage discount applicable on the product, either on site or through the use of any coupon code. Only the loyalty cash applicable on the product at the time of purchase would be given to you. If the discounts are revised on a later date, you will not be entitled to the revised loyalty cash.
10. If you return or cancel the order, you will not earn Loyalty Cash against that order.
11. If you return part of your order, you will only earn points for the products which have not been returned by you.
12. DARP holds the right to decide which products earn you Loyalty Cash and which do not. Additionally, it also holds the right to change the amount of Loyalty Cash against any product without prior notice.
13. Loyalty Cash balance as on 31st March will expire on the 31st of March every year for accounts where no orders have been placed on or after 1st April of previous year. Eg. All points earned for any activity and not redeemed by you as on 31st March 2016 will expire on 31st March 2016 if no new orders have been placed by you on or after 1st April 2015.
14. For orders placed online in FY 2012-13, Loyalty Cash would only be earned based on the orders placed on or after 22nd September, 2012.
15. For orders placed in stores in FY 2015-16, Loyalty Cash would only be earned based on the orders placed on or after 15th October, 2015.
16. Loyalty Cash earned in a store will be credited against the account with the registered mobile number that matches with the mobile number provided in the bill.
17. It is your responsibility to ensure that the registered mobile number and the mobile number entered in the bill are correct and belong to you. It is also your responsibility to ensure that the mobile number you have provided online and in the store is the same.
18. Loyalty Cash earned in the FirstCry.com stores can be redeemed in any FirstCry.com Store.
19. Loyalty Cash earned at the FirstCry.com Store can also be redeemed on the FirstCry.com website & App only after you have logged in and verified the registered mobile number on FirstCry.com.
20. Loyalty cash earned online at FirstCry.com can be redeemed via purchase made through the FirstCry.com websites or Apps. It can also be redeemed at the FirstCry.com Store if you have verified your registered mobile number after logging in on the FirstCry.com website.
2. You authorize DARP to disclose necessary information that you have provided to third parties, or information that DARP has obtained about your Account: (i) to agents of DARP or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for fulfilment with third party suppliers.
3. By entering into this Agreement, you authorize DARP and its Suppliers to share personal information about you, including but not limited to your e-mail address, full name and address.
V. Termination or Changes to the Program:1. DARP reserves the right to terminate the Program at any time without notice. Notification of Program termination by DARP would be publicized on the Program Web site only.
2. DARP may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms and Conditions page of the Program Website regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
VI. Fraud; Termination of Membership:Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of rewards from DARP, or any misrepresentation of any information furnished to DARP or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your Program account and/or forfeiture of your rewards / earnings. In the event of fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf or under your password, DARP reserves the right to suspend access to your account indefinitely pending investigation.
VII. Limitation of Liability:We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the Loyalty Cash paid or payable to you under this Agreement.
VIII. Disclaimers:We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the FirstCry.com Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
IX. Disputes:Any dispute relating in any way to the Program or this Agreement in which the aggregate total claim for relief sought on behalf of one or more parties exceeds INR 1,00,000 will be adjudicated in any federal court in Pune, Maharashtra, and you hereby consent to exclusive jurisdiction and venue in those courts. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
X. Miscellaneous:This Agreement will be governed by the laws of the Indian Republic and the state of Maharashtra, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
- 10.Guaranteed Savings Program
I.Program Overview:1. This is an online-only program designed to reward FirstCry.com customers for purchasing products on this site. The Program is available via access through the Program Websites only and cannot be used if buying products from 3rd party sites.
2. Participation in the Program and the benefits that are offered to Program members is at the sole discretion of DARP, and we have the right to change the respective Program terms and conditions, in whole or in part, at any time with or without giving any notice to its Members.
3. Program is available only to retail customers who are transacting on site, and would not be available to any wholesale/3rd party customers purchasing any FirstCry.com product(s).
II. Eligibility and Registration Requirements:1. You must be of legal age (18 years) to qualify for membership in the Program.
2. Members must be human: no machines, scripts, or automated services may be used to participate in this program.
III. Buying & Redeeming Guaranteed Savings:Guaranteed Savings offer is limited to Brands, Subcategories or Products being displayed on the "Guaranteed Savings" page or in case if any special offer message being displayed against a particular product, brand & Subcategory item information pages on sites Firstcry. Once a Member meets all applicable requirements for a Promotion, the designated "Guaranteed Savings" code will be transferred to the Members email and to Members registered account with FirstCry.com. Every "Guaranteed Savings" offer will carry validity & order criteria that need to be followed while placing order through Guaranteed Savings. Member can check these terms on http://www.FirstCry.com/m/guaranteed-savings-offer under the How it works and FAQ’s DARP is not responsible for changes to, or discontinuance of, any Promotion. The eligibility to use the Guaranteed Savings code against specified Brand, Subcategories & Products changed by DARP at any time during the program without prior intimation to the users. Member’s Subscription balance will be reduced once order is successfully placed with the "Guaranteed Savings" code. Additionally Usage, Validity and expiry of the "Subscription" can be checked under the member registered "My Account" section on FirstCry.com. Your participation in the Guaranteed Savings is personal to you, and you may not assign or transfer your Subscription or any of the benefits to any third party. If any problems arise with your Guaranteed Savings offer, the usage disputes or offer expiry, validity associated with your Guaranteed Savings offer, we will either call or notify you via e-mail using the address associated with you asking you to help resolve the problem and reactivate your Guaranteed Savings offer. All returns under the "Guaranteed Savings" offers are subject to FirstCry.com "Return Policy"
IV.Payment and Renewal:Valid "Guaranteed Savings" offers can only be purchased through Online Payment Option, Gift Certificate, loyalty Cash and Cash Refund amount. The total cost charged to you against the "Guaranteed Savings" code will be returned back to you in form of a "Guaranteed Savings" code which you can use anytime to buy subscription products and get minimum assured discount with every order placed. Guaranteed Savings offer issued once cannot be renewed, member has to buy new offer in order to buy more products.
2. You authorize DIGITAL AGE RETAIL PVT LTD to disclose necessary information that you have provided to third parties, or information that DIGITAL AGE RETAIL PVT LTD has obtained about your Account: (i) to agents of DIGITAL AGE RETAIL PVT LTD or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for fulfillment with third party suppliers.
3. By entering into this Agreement, you authorize DIGITAL AGE RETAIL PVT LTD and its Suppliers to share personal information about you, including but not limited to your e-mail address, full name and address.
VII. Termination or Changes to the Program:1. DIGITAL AGE RETAIL PVT LTD reserves the right to terminate the Program at any time without notice. Notification of Program termination by DIGITAL AGE RETAIL PVT LTD would be publicized on the Program Web site only.
2. DIGITAL AGE RETAIL PVT LTD may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms and Conditions page of the Program Website regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
- 11.Other Terms
Reviews, Feedback, Submissions:All discussions , ratings, comments, bulletin board service, chat rooms, Community service and/or other message or communication facilities means Material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose. End User acknowledges that any Material posted on the Website is public and not private communication.FirstCry.com does not control or endorse the content, messages or information found in any Material, and, therefore, FirstCry.com specifically disclaims any liability concerning the Material and any actions resulting from End Users participation in any Material, including any objectionable content. Generally, any communication which End User posts to FirstCry.com (whether in Community, chat rooms, discussion groups, message boards, or otherwise) is considered to be non-confidential and you grant to Firstcry.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Firstcry.com the right to sub-license these rights, and the right to bring an action for infringement of these rights. If particular web pages permit the submission of communications that will be treated by FirstCry.com as confidential, that fact will be stated on those pages. Notwithstanding Firstcry.com's rights under these terms and conditions in relation to user content, Firstcry.com does not undertake to monitor and is not responsible of the submission of such content to, or the publication of such content on, this website.
Copyright & Trademark:Everything located on or in this Site, including the Microsites, is our exclusive property and can be used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT OUR EXPRESS WRITTEN PERMISSION OF FirstCry.com IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties. This Site and Microsites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of website protected by copyright. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without our express permission of FirstCry.com and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with FirstCry.com shall not be deemed to be in the public domain but rather the exclusive property of owners, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of FirstCry.com, unless otherwise stated. End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants us the right to edit, copy, publish and distribute any material made available on this Site by End User. We hereby reserves the right to terminate its agreement with any End User who repeatedly infringes on copyright rights upon notification to us by the copyright owner. The foregoing provisions of this clause apply equally to and are for the benefit of FirstCry.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Indemnity:You agree to defend, indemnify and hold harmless BB & DARP, 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 us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the 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.
Termination:We may terminate this Agreement at any time. Without limiting the foregoing, we shall have the right to terminate any passwords or accounts of End User in the event of any conduct by End User which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by End User of this Agreement. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
Limitation of Liability and Disclaimers:The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site. The Site provides content from other Internet sites or resources and while we try to ensure that material included on the website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we or our 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 Site, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of FirstCry.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. BB or DARP, their associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.. You accept that, as a limited liability entity, Firstcry.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Firstcry.com officers or employees in respect of any losses you suffer in connection with the website.
Site Security:You are prohibited from violating or attempting to violate the security of the Site, 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 Site, overloading, "flooding," "spamming," "mail bombing" 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. FirstCry.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 Site or any activity being conducted on this Site. 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 Site other than the search engine and search agents available from FirstCry.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
MISCELLANEOUS:1. Force Majeure: Without prejudice to any other provision herein, we will not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond the our control, including, without limitation, acts of the End User, embargo or other governmental act, regulation or request affecting the conduct of FirstCry.com 's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God.
2. Entire Agreement: This Agreement and any operating rules for the Website established by FirstCry.com constitute the entire agreement of the parties with respect to the subject matter hereof.
3. Waiver: No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
4. Headings: The section headings used herein are for convenience only and shall be of no legal force or effect.
5. Severability: If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
6. Governing Law: This Agreement will be governed by laws of India, subject to the Courts in Pune, without reference to conflict of laws principles, if any.
7. Payment Decline: We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.