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When you use the Site Sixaxis.in or any partner site of Sixaxis, it is understood that the usage is subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any sixaxis service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Sixaxis reserves the right to change these terms and conditions at any time. 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.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, Sixaxis hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Sixaxis in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Sixaxis in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Sixaxis in advance. Sixaxis reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Sixaxis believes that customer conduct violates applicable law or is harmful to Sixaxis's interests. You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or firm; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Indian or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Sixaxis may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent and in agreement with the terms and conditions of this Agreement, and Sixaxis has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Sixaxis of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide Sixaxis, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and Sixaxis shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Sixaxis and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant Sixaxis the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by Sixaxis will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead Sixaxis or third parties as to the origin of any Submissions or Content. Sixaxis may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
RISK OF LOSS; OTHER TERMS OF SALE
You agree, understand and acknowledge that Sixaxis Site is an online shopping platform, a venue enabling the users to buy any product listed on Sixaxis Site at the price indicated on the terms and conditions indicated therein at any time from any place. You further agree and acknowledge that Sixaxis is not involved in any sale and purchase of goods/products listed on this Site. Sixaxis is only a facilitator, an intermediary and is not and cannot be a party to or control in any manner any transactions between the Vendor/Seller and the Customer/Buyer. Sixaxis shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users.
Sixaxis shall neither be liable nor responsible for any actions or inactions of Vendors and/or Sellers or any breach of conditions, representations or warranties by the Vendor or manufacturer of the products.
Sixaxis does not sell or retail any products and does not ensure that the Users shall perform their obligations in respect of the transaction concluded on this Site and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on Sixaxis.
You further agree and undertake 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.
The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. Sixaxis is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with Sixaxis nor shall Sixaxis have any obligations or liabilities in respect of such contract. Sixaxis is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts.
Sixaxis accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Sixaxis is not responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users.
All orders shall be pre-approved with an acceptable method of payment as established by Sixaxis which may call for and require additional verification or information.
The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.
After the receipt of payment from the Buyer, the Vendor shall arrange for the invoicing and delivery of the product to the buyer at the shipping address provided by the Buyer. Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.
Before placing an order you are advised to 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.
CREDIT CARD DETAILS
You agree, understand and confirm that the credit card details provided by you for availing of services on Sixaxis will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to Sixaxis. Further the said information will be not be utilized and shared by Sixaxis with any of the third parties unless required by law, regulation or court order.
You understand, declare and agree that:
· Sixaxis shall not and is not required to mediate or resolve any dispute or disagreement between you and the Seller.
· You release and indemnify Sixaxis and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Sixaxis cannot control the information provided by other Users which is made available on the Site
· Seller shall be responsible to invoice and deliver the items to the Buyer within the time period specified for delivery by the Vendor.
· Seller shall be solely responsible for any undelivered or damaged items.
· Seller shall be solely responsible to make good the loss or damage or any claim raised by the Buyer in respect of damaged or non-receipt of items.
· Seller shall be responsible to deliver the products/items of the same quantity and same qualities as are listed on the Sixaxis Site and that such products shall correspond with the description of the items listed on Sixaxis. You further agree and acknowledge that Sixaxis shall not be liable if the description of goods supplied by the Seller do not match/correspond with the description provided at the time of placing of order by the Buyer.
· Vendor / Seller shall invoice / bill directly to the Buyer.
· Complete product responsibility and liability solely vest with Seller and Seller is responsible to the Buyer for the sale of the Product to Buyer including but not limited to the delivery of the item/product to the Buyer. Neither Customer nor Seller shall raise any claim on Sixaxis in this regard.
· The risk of loss and title for items purchased by you pass to you upon delivery of the items to the carrier pursuant to Sixaxis's standard terms of sale.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, Sixaxis may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Sixaxis shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than India. This Site may contain products or references to products that are not available outside of India. Any such references do not imply that such products will be made available outside India. If you access and use this Site outside India you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY SIXAXIS ON AN "AS IS" AND BEST EFFORT BASIS. SIXAXIS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SIXAXIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. SIXAXIS DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIXAXIS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIXAXIS'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO SIXAXIS DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO SIXAXIS'S LIABILITY.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our vendors or suppliers, Sixaxis shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Sixaxis shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sixaxis shall issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Sixaxis is not responsible for the operation of or content located on or through any such site.
Sixaxis respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at Customer Support.
You agree that Sixaxis's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Sixaxis shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Sixaxis may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Sixaxis shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Sixaxis of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.