1. Content; Copyright and Trademark Notice.
reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Peches 's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Peches reserves all rights not expressly granted hereunder. Peches expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site. PECHES , are registered trademarks, trademarks or service marks of Peches Lifestlyes Pvt. Ltd.
2. Registration; Customer Accounts; Use of Site.
Certain services offered on or through the Site require you to first register with us and create an Account with us, under My Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your account. You agree to notify Peches immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Peches or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You agree that Peches will not be liable to you or to any third party for termination of your access to the Site.
3. Consent To Collection, Use & Disclosure of Your Personal Information.
While Peches takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information.
IN NO EVENT SHALL PECHES OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER PECHES WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
4. Consent To Our Communication With You By E-Mail. By establishing an Account with us, and each time you make a purchase through our Site, you grant permission for Peches to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at email@example.com or follow the opt-out procedures set forth in such marketing emails.
5. Conditions of Sale and Payment Terms.
To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c)be a resident in India, exclusive of its commonwealths, territories and possessions ("India"). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card,
(ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
6. Methods of Payment, Credit Card Terms and Taxes.
YOU, AND NOT PECHES, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY.
You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Peches of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Peches does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Peches or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Peches shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses, any other states or localities that it deems is required.
7. Order Acceptance Policy.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Peches reserves the right at any time after receipt of your order to accept or decline your order for any reason. Peches further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Peches upon our delivery of products or services that you have ordered.
All orders placed over INR 10,000.00 must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Peches is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.
8. No Responsibility To Sell Mispriced Products Or Services.
Peches shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Peches 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 canceled, Peches shall immediately issue a credit to your credit card account in the amount of the charge.
9. Modifications to Prices or Billing Terms.
PECHES RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
11. LIMITATION OF LIABILITY.
12. Policy to Terminate Privileges for Copyright Infringement.
Pursuant to 17 U.S.C. 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Peches Inc. will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the Peches and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Peches will terminate the infringing customer's account. Peches may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. 512(c), Peches has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Peches respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the Peches website, please contact "Legal Department", via email firstname.lastname@example.org Any written notice describing the infringing activity must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
- A description of the allegedly infringing work or material;
- A description of where the allegedly infringing material is located on the site;
- Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
- A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
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