USE OF THE PLATFORM

Welcome to www.gadgetgear.co (“Website”). The website www.gadgetgear.co is maintained and operated by UniqueEyes (“Proprietor”) with its registered office at #GS-1, 4/3428, Noorpura, Zampa Bazar, Surat – 395003. You may be reaching our website from a computer or mobile device, and these Terms of Use administer your use of our website and your conduct. These Terms of Use oversee all of the products offered on the Gadget Gear website.

The website shall only be used for individual non-commercial use and knowledge. These mentioned Terms and Conditions shall govern the use of this website and its features (known as “Terms of Use”) along with the Privacy Policy, the Shipping Policy, and the Cancellation, the Refund, and the Return Policy (collectively “Policies”) as altered and revised from time to time.

Just by simply using our website or assessing it in anyways, you’re accepting, without limitation or reservation, to be in acceptance of these Terms of Use and the Policies in place, whether you have entirely read the same or not. ACCESSING, BROWSING, OR USING THE WEBSITE DENOTES YOUR ABSOLUTE AGREEMENT TO ALL THE TERMS AND CONDITIONS MENTIONED IN THIS AGREEMENT, SO PLEASE READ THE AGREEMENT CAREFULLY BEFORE YOU PROCEED. Please make sure you refrain from using the website if you do not wish to agree to any of the terms mentioned in the “Terms of Use” or the “Policies.” You are obliged to ensure that your access to this website and matters available on or through it are legal in every jurisdiction, in or through which you enter or view the website or its material.

Gadget Gear reserves the unipartite right to modify the particulars contained in the Terms of Use or the Policies periodically or at any given time, without notifying its users and in its sole discernment. Suppose the Proprietor decides to amend the Terms of Use or Policies. Any modification or change to the Terms of Use or the Policies will be immediately in effect from the date of such upload of the Terms of Use and Policies on the website. After all of the alterations to the Terms of Use and Policies, your continued usage of the website establishes your acceptance of the changed Terms of Use and Policies regardless of whether you have read them. Hence, you must frequently review these Terms of Use, along with our Guidelines and Rules, and any other applicable policies to follow the terms and conditions that pertain to your use of the website.

PRIVACY PRACTICES

We recognize the importance of safeguarding your private information, and we have formed a Privacy Policy to guarantee that your personal information is adequately protected. Apart from the Terms of Use, the Privacy Policy shall also administer your visit and use of the website. Your extended use of the website indicates that you have understood and accepted the Privacy Policy and consent to be within limits of its terms and conditions. You agree to the use of private information by the Proprietor under the terms of and purposes outlined in the Privacy Policy. The same may be subject to revision from time to time at the sole consideration of the Proprietor.

YOUR ACCOUNT

This website is aimed to be used only by adults. We assume that if any minor is accessing our website, he/she is under the direction of their guardians. The Proprietor or its associates do not knowingly collect information from minors. You will be accountable for maintaining the confidentiality of your user account, the password and limiting access to your computer. You accept accountability for all activities occurring under your user account and password. You confirm that the information you provide, in any way whatsoever, is not confidential or proprietary, and in no circumstance does it infringe upon the rights of a third-party entity in whatsoever nature.

If you are visiting, browsing, and surfing the website on someone else’s behalf, you express that you have the authorization to bind that person to all the terms and conditions mentioned herein. In the event that any of the users refuses to be bound to the Terms of Use, you agree to accept responsibility for any harm induced by any wrongful use of this website following such access or usage of the mentioned website in whatsoever nature.

Suppose you recognize or have reasons to consider that the security of your user account has been compromised. In that case, it is essential you must contact us immediately at the “Contact” provided below. Suppose we find a breach or suspected infringement of the security of your account, we may ask you to change your account password, momentarily or permanently block or suspend your user account without any liability to the Proprietor.

We hold the right to refuse service and/or terminate user accounts without any prior notice if the Terms of Use are infringed or if we deem it necessary, in our sole discretion, that it would usually be in our best interests to do so. You are wholly responsible for all contents you choose to upload, post, e-mail, or otherwise send via the website. We shall maintain that the information provided to us is per our Privacy Policy.

PRODUCT INFORMATION

The Proprietor strives to be as detailed as possible in the description of the product on the Website. However, Proprietor does not warrant the things that revolve around the product description, color, information, or any other website content to be accurate, complete, reliable, current, or error-free. The Website might or might not contain typographical errors or inaccuracies, and these should not be complete or current. The product pictures on the website are indicative, which means they may not match the actual product.

Proprietor reserves the right to correct, change or bring changes in the information, errors, inaccuracies, or any sort of omissions at any point in time (the situation includes the scene after an order has been submitted ) with no prior notice. Please note that in case of such errors, inaccuracies, or omissions may somehow also relate to the general pricing and availability of the products.

PRODUCT USE

The products and services that are available on the Website, and the samples, if any, that Website may provide you with are entirely for your personal and/or your professional use only. The products or the services, or samples thereof, which you may receive from us in the future, shall not be sold or deal with any kind of reselling for any/commercial reasons.

PRICING INFORMATION

The Proprietor strives to provide accurate product and pricing information; however, errors may occur.

A proprietor cannot confirm the price of any product until the order is made. Without limiting the generality of Clause 7 (Cancellations, Refunds, and Returns) below, if any product is listed at an incorrect price or bears a piece of inaccurate information due to any technical error, Proprietor shall have the right, at its sole discretion, to cancel or refuse any orders placed for that particular product, unless the product has already been delivered to the customer. In the event when an item is wrongly priced, the Proprietor may, at its discretion, either contact you for all the necessary instructions or cancel your order and notify you about it. Unless the product that you ordered has been delivered, your offer will not be deemed accepted, and the Proprietor will have every right to modify or change the price of the product or service and then contact you for further instructions using the e-mail address which was provided by you either during the time of registration or placing the order, or even cancel the order and notify you of the cancellation. In such an event when the Proprietor accepts your order, the same shall get debited to your provided credit card/ debit card account and duly notified to you by e-mail that the payment has been processed. The payment may also be processed before the Proprietor dispatches the product that you’ve ordered. In case you have to cancel the order even after we have processed the payment, the exact amount will then be reversed to your credit or debit card account.

THE PRICES AND THE PRODUCTS ‘ AVAILABILITY PROVIDED OR OFFERED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT ANY PRIOR NOTICE AND AT THE SOLE DISCRETION OF THE PROPRIETOR. The Proprietor may revise and cease to make available any product/ services at any time. In the event, the Proprietor is either unable to deliver the product to you on time or entirely, you will then be notified by an e-mail, and the order will automatically get canceled majorly due to unavailability of the product or at least at your instructions due to the failure to deliver the product on time expected by our delivery partners. The Proprietor shall not be liable in any manner to pay for any damages that occurred in such an event owing to the same cancellation of the order or delay in delivery.

INTELLECTUAL PROPERTY RIGHTS

The names, logos, and related product names, design marks, and slogans are generally the trademarks, the logos, or the service marks (hereinafter referred to as “Marks”) of the Proprietor. None of the trademark or service mark licenses is granted in connection with any of the materials contained on the Website. Accessing this Website in no way authorizes anyone to use any Marks in any manner. Whether registered or unregistered, Marks displayed on this Website are of the Proprietor and are only the Proprietor’s intellectual property.

The Proprietor expressly and exclusively reserves all the intellectual property, alongside rights in all text, products, processes, technology, content, programs, software, and all other materials, which may appear on this Website, including its overall looks and also the feel. The compilation (meaning the collection, arrangement, and even assembly) of any of the content on the Website is also the exclusive belongings of the Proprietor and is protected by the Indian copyright laws and international treaties. Consequently, this website’s materials shall never be copied, republished, downloaded, posted, transmitted, reproduced, duplicated, distributed, or modified neither in whole nor in part or any other form whatsoever, except for personal non-commercial use only. No right on the title or interest in any downloaded materials or any software is transferred to you due to any such actions of downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing, or modifying.

LIMITED LICENSE

The Proprietor grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of this Website. All the rights that are not expressly granted to you in these Terms of Use are entirely reserved and retained by the Website alongside its affiliates.

The Proprietor reserves the right, at any point in time, without any notice, and at its sole discretion, to even terminate your license to use the Website and block and prevent future access to the Website.

REPRESENTATIONS AND WARRANTIES

This particular Website is provided to you “AS IS.” We make no kind of representations regarding the ultimate use of or the usual result of the use or the depiction of the Contents on the Website in terms of their accuracy, reliability, correctness, or otherwise. The Proprietor in any manner shall not be liable for any kind of loss suffered by the user as a result that depends directly or indirectly on the very depiction of the available Content on this Website.

You can acknowledge that this Website is provided solely based on set out in terms of Use. Any sort of your uninterrupted access or usage of this Website on this very basis may even be prevented by a certain number of factors outside our reasonable control including, the unavailability, inoperability, or, without limitation, interruption of the internet or other sort of telecommunications services that are formed as a result of any type of maintenance or other service work which is carried out on this Website.

The Proprietor shall also have the right, at any instance, to alter or discontinue any feature of the Website that includes, but is again not limited to, the content, hours of availability alongside equipment needed for the access or use. Further, this Website may even discontinue disseminating any portion of the information or the category of information. The Proprietor in no ways accepts any kind of responsibility and will not be liable for data loss or damage whatsoever that arises out of or in connection with any ability/inability to access or use the Website.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE WEBSITE IS PRESENTED HERE “AS IS.” NEITHER WE NOR OUR HOLDINGS, AFFILIATES, PARTNERS, SUBSIDIARIES, OR LICENSORS MAKE ANY REPRESENTATIONS OR THE WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR THAT IS IMPLIED, IN CONNECTION WITH THE MENTIONED TERMS AND CONDITIONS OR THE CONTENT OR THE WEBSITE ITSELF, THE CONTENT INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF THE MERCHANTABILITY, AND-INFRINGEMENT OR THE FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT THE EXTENT TO REPRESENTATIONS ALONGSIDE THE CORRESPONDING WARRANTIES ARE ALSO NOT ENTIRELY LEGALLY EXCLUDABLE.

YOU ALSO NEED TO AGREE TO THE FULLEST EXTENT THAT IS PERMITTED BY THE APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, AFFILIATES, PARTNERS, SUBSIDIARIES, OR THE LICENSORS WILL BE RESPONSIBLE OR LIABLE IN ANYWAYS(NO MATTER IN CONTRACT, OR INCLUDING NEGLIGENCE, OTHERWISE) UNDER ANY SITUATION FOR ANY KIND OF
INTERRUPTION IN BUSINESS.
ACCESS IN DELAYS OR THE ACCESS OF INTERRUPTIONS TO THE FOCUS WEBSITE.
DATA OF THE NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, LOSS, THEFT, OR ANY OTHER MODIFICATION.
AGAIN, LOSS OR DAMAGES OF ANY SORT THAT INCURRED AS A RESULT OF THE DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE.
VIRUSES AND SYSTEM FAILURES OR MALFUNCTIONS MAY OCCUR IN THE CONNECTION WITH THE USAGE OF THIS WEBSITE WHILE LINKING TO THE THIRD-PARTY WEBSITES OR FROM THE THIRD-PARTY WEBSITES THAT ARE AVAILABLE.
ANY INACCURACIES OR OMISSIONS IN CONTENT.
EVENTS BEYOND THE REASONABLE CONTROL OF THE PROPRIETOR.
NEITHER WE NOR OUR AFFILIATES, OR SUBSIDIARIES, WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.
WE BRING NO SUCH WARRANTY TO THE DEFECTS OR CAUSES TO THE ERRORS.
YOU ALSO AGREE THAT THERE EXISTS NO CLAIMS OR ACTION ARISING OUT OF THE VERY USE OF THIS SOURCE (WEBSITE).
SUPPOSE YOU HAVE A DISPUTE OF ANY KIND WITH US OR YOU ARE DISSATISFIED WITH THE CONTENT OF THE WEBSITE IN ANY MANNER, TERMINATING THE USAGE OF THE WEBSITE IS YOUR ULTIMATE CURE.
THE TERMS AND CONDITIONS SECTION MAY EVEN BE BROUGHT TO LIGHT BY YOU MORE THAN ONE 1 YEAR FOLLOWING THE CAUSE OF ACTION WHICH IS RELATED TO SUCH CLAIMS OR THE ACTION THAT AROSE.
NOTE: WE DON’T HAVE ANY KIND OF OBLIGATIONS OR HOLD ANY SORT OF LIABILITY OR RESPONSIBILITY TO YOU.

The disclaimer comprises an essential part of this Terms of Use.

THE TERMINATION

These Terms of Use are practical until and unless these are terminated by either the Proprietor or you.

You may decide to terminate the Terms of Use at any point in time, provided that you can discontinue any sort of further use of this Website. The Proprietor may even move a step ahead and terminate the Terms of Use at any moment and may do so without even providing any prior notice. Following that, can deny you the access to the Website under concern; such termination will also not hold any liability to the Website.

Upon any termination of the Terms of Use by either you or the Proprietor, you must promptly destroy all materials downloaded or else obtained from this Website, as well as all the copies of such materials, whether featured under the Terms of Use or any case otherwise. Any such termination of the value that belongs to the Terms of Use shall not cancel your obligation to pay for the same product which was already ordered from the Website or even affect any form of liability that may or may not have arisen under the section of Terms of Use.

INDEMNITY

You also agree to defend, indemnify and hold harmless to the Proprietor, its employees, directors, officers, agents, and their successors and assigns its holding, subsidiaries, affiliates, partners, or licensors from and against any 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 the Proprietor including but not limited to breach of any warranties, representations or undertakings or concerning the non-fulfillment of any of your obligations under the Terms of Use, or arising out of your violation of any applicable laws, regulations including but are not limited to the Intellectual Property Rights, or payment of the statutory dues and taxes, claim of the libel, defamation, or violation of the rights. The rights here are of privacy, publicity, or even the loss of service by any other subscribers. These eventually lead to the infringement of intellectual property or any other available rights. The clause shall suitably survive till Terms of Use expires.

THE GOVERNING LAW AND JURISDICTION

The Terms of Use alongside the Policies shall be crafted in accordance with all the applicable laws of India. For any further proceedings that might arise therein, the Courts at Mumbai will have exclusive jurisdiction.

Any form of dispute or difference, either in the interpretation or otherwise, of the Website’s Terms of Use and other Policies, between the parties, shall also be referred to any independent arbitrator who will further be appointed by the mutually and his/her decision shall be considered final and binding on the other available parties hereto. The arbitration as mentioned earlier shall be in accordance with the Arbitration and Conciliation Act, 1996, as it is amended in a timely manner. The desired seat and venue of the arbitration shall be held in Mumbai, India.

Without any sort of prejudice to the particulars listed in Clause 10 above, the Proprietor shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

For disputes relating to orders outside India, the International arbitration rules of the Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Mumbai.

WEBSITE SECURITY

You are absolutely prohibited from violating or even attempting to violate the security of the Website. The security includes limitation, accessing data that is not intended for you or the process of signing into a web server or a user account that you are not entirely authorized to access; attempting to probe, or action or attempt to breach the security of the website’s authentication measures without any proper authorization; trying to either interfere with service or to any other user, host or the network, including, the situation without limitation, or via the means of submitting a malware to the concerned Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” sending unsolicited e-mail, including promotions and/or advertising of products or services; or forging any header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

The Proprietor is entitled to investigate the occurrences that may or may not involve such violations and also involve, and co-operate with, the law enforcement and the authorities in prosecuting users who are interested in such form of violations. You further agree not to employ any device, software, or harmful routine to interfere or even attempt to interfere with this website’s working in a manner. Neither you can carry any of your activity on this specific Website, nor use or event attempt to use any misleading engine, software, or tool for navigating or searching the content within this Website other than the official search engine and also the search agents that are made available from the Proprietor on this particular Website and the different forms of the third party or external web browsers that are available.

ENTIRE AGREEMENT

Suppose any part of these Terms of Use is determined to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above. In that case, the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Proprietor concerning the Website. Also, it supersedes all the prior or contemporaneous communications and proposals, whether electronic, oral or written.

The Proprietor’s failure to act concerning the very breach by you or others does not relinquish the right to act concerning the infringement or subsequent and other similar violations.

GENERAL

You acknowledge and hereby agree to this set of Terms and Conditions. It constitutes the complete and exclusive agreement between us concerning your use of the Website and governs all the initial stages of contracts, proposals, or other forms of communications.

At our very sole discretion, we have reserved the right to either bring changes or modify this set of Terms and Conditions at any time by posting the changes on the Gadget Gear website. Any and all changes are effective immediately upon uploading to the Website. After that, your continued use of the Website constitutes your agreement to all such changed sections in Terms and Conditions. No matter with or without prior notice, we may even terminate any of the rights that are granted by these Terms and Conditions. You shall also comply immediately with any of the termination or other kind of notice that strictly belongs to the ceasing of all the Website usage.

Also, nothing contained in these mentioned sections of Terms and Conditions shall be further construed in creating any agency, partnership, affiliation, joint venture, or other forms of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time after that, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any appropriate arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. Still, these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the parties’ original intent as reflected in the published initial provision. The headings mentioned in the Terms and Conditions are for the convenience only and shall not be used in its interpretation.