Terms & Conditions
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Terms & Conditions – Nar Mesra
Networks
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In General
Nar Mesra Networks
(“http://www.mesramart.com”) owns and operate this Website. This
document governs your relationship with mesramart.com (“Website”). Access to
and use of this Website and the products and services available through this
Website (collectively, the "Services") are subject to the following
terms, conditions and notices (the "Terms of Service"). By using the
Services, you are agreeing to all of the Terms of Service, as may be updated by
us from time to time. You should check this page regularly to take notice of
any changes we may have made to the Terms of Service.
Access to this
Website is permitted on a temporary basis, and we reserve the right to withdraw
or amend the Services without notice. We will not be liable if for any reason
this Website is unavailable at any time or for any period. From time to time,
we may restrict access to some parts or all of this Website.
This Website may
contain links to other websites (the "Linked Sites"), which are not
operated by mesramart.com. Mesramart.com has no control over the Linked Sites
and accepts no responsibility for them or for any loss or damage that may arise
from your use of them. Your use of the Linked Sites will be subject to the
terms of use and service contained within each such site.
Privacy Policy
Our privacy policy,
which sets out how we will use your information, can be found at [Privacy
Policy Link]. By using this Website, you consent to the processing
described therein and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse
this Website. You will not: commit or encourage a criminal offense; transmit or
distribute a virus, trojan, worm, logic bomb or any other material which is
malicious, technologically harmful, in breach of confidence or in any way
offensive or obscene; hack into any aspect of the Service; corrupt data; cause
annoyance to other users; infringe upon the rights of any other person's
proprietary rights; send any unsolicited advertising or promotional material,
commonly referred to as "spam"; or attempt to affect the performance
or functionality of any computer facilities of or accessed through this
Website. Breaching this provision would constitute a criminal offense and mesramart.com
will report any such breach to the relevant law enforcement authorities and
disclose your identity to them.
We will not be liable
for any loss or damage caused by a distributed denial-of-service attack,
viruses or other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to your
use of this Website or to your downloading of any material posted on it, or on
any website linked to it.
Intellectual
Property, Software and Content
The intellectual
property rights in all software and content (including photographic images)
made available to you on or through this Website remains the property of mesramart.com
or its licensors and are protected by copyright laws and treaties around the
world. All such rights are reserved by mesramart.com and its licensors. You may
store, print and display the content supplied solely for your own personal use.
You are not permitted to publish, manipulate, distribute or otherwise
reproduce, in any format, any of the content or copies of the content supplied
to you or which appears on this Website nor may you use any such content in
connection with any business or commercial enterprise.
Terms of Sale
By placing an order
you are offering to purchase a product on and subject to the following terms
and conditions. All orders are subject to availability and confirmation of the
order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract
with http://www.mesramart.com you must be over 18 years of age and possess a
valid credit or debit card issued by a bank acceptable to us. mesramart.com retains
the right to refuse any request made by you. If your order is accepted we will
inform you by email and we will confirm the identity of the party which you have
contracted with. This will usually be mesramart.com or may in some cases be a
third party. Where a contract is made with a third party mesramart.com is not
acting as either agent or principal and the contract is made between yourself and
that third party and will be subject to the terms of sale which they supply
you. When placing an order you undertake that all details you provide to us are
true and accurate, that you are an authorized user of the credit or debit card
used to place your order and that there are sufficient funds to cover the cost
of the goods. The cost of foreign products and services may fluctuate. All
prices advertised are subject to such changes.
(a) Our
Contract
When you place an
order, you will receive an acknowledgement e-mail confirming receipt of your
order: this email will only be an acknowledgement and will not constitute
acceptance of your order. A contract between us will not be formed until we
send you confirmation by e-mail that the goods which you ordered have been
dispatched to you. Only those goods listed in the confirmation e-mail sent at
the time of dispatch will be included in the contract formed.
(b) Pricing and
Availability
Whilst we try and
ensure that all details, descriptions and prices which appear on this Website
are accurate, errors may occur. If we discover an error in the price of any
goods which you have ordered we will inform you of this as soon as possible and
give you the option of reconfirming your order at the correct price or cancelling
it. If we are unable to contact you we will treat the order as cancelled. If
you cancel and you have already paid for the goods, you will receive a full
refund.
Delivery costs will
be charged in addition; such additional charges are clearly displayed where
applicable and included in the 'Total Cost'.
(c) Payment
Upon receiving your
order we carry out a standard authorization check on your payment card to
ensure there are sufficient funds to fulfil the transaction. Your card will be
debited upon authorisation being received. The monies received upon the
debiting of your card shall be treated as a deposit against the value of the
goods you wish to purchase. Once the goods have been despatched and you have
been sent a confirmation email the monies paid as a deposit shall be used as
consideration for the value of goods you have purchased as listed in the
confirmation email.
Disclaimer of
Liability
The material
displayed on this Website is provided without any guarantees, conditions or
warranties as to its accuracy. Unless expressly stated to the contrary to the
fullest extent permitted by law mesramart.com and its suppliers, content
providers and advertisers hereby expressly exclude all conditions, warranties
and other terms which might otherwise be implied by statute, common law or the
law of equity and shall not be liable for any damages whatsoever, including but
without limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to goodwill or reputation, or the cost of procurement of
substitute goods and services, arising out of or related to the use, inability
to use, performance or failures of this Website or the Linked Sites and any materials
posted thereon, irrespective of whether such damages were foreseeable or arise
in contract, tort, equity, restitution, by statute, at common law or otherwise.
This does not affect mesramart.com's liability for death or personal injury
arising from its negligence, fraudulent misrepresentation, misrepresentation as
to a fundamental matter or any other liability which cannot be excluded or
limited under applicable law.
Linking to this
Website
You may link to our
home page, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists. You must not establish a link from
any website that is not owned by you. This Website must not be framed on any
other site, nor may you create a link to any part of this Website other than
the home page. We reserve the right to withdraw linking permission without
notice.
Disclaimer as to
ownership of trade marks, images of personalities and third party copyright
Except where
expressly stated to the contrary all persons (including their names and
images), third party trade marks and content, services and/or locations
featured on this Website are in no way associated, linked or affiliated with Nar
Mesra Networks and you should not rely on the existence of such a connection or
affiliation. Any trade marks/names featured on this Website are owned by the
respective trade mark owners. Where a trade mark or brand name is referred to
it is used solely to describe or identify the products and services and is in
no way an assertion that such products or services are endorsed by or connected
to Nar Mesra Networks.
Indemnity
You agree to
indemnify, defend and hold harmless [Your Online Store URL], its directors,
officers, employees, consultants, agents, and affiliates, from any and all
third party claims, liability, damages and/or costs (including, but not limited
to, legal fees) arising from your use this Website or your breach of the Terms
of Service.
Variation
Mesramart.com shall
have the right in its absolute discretion at any time and without notice to
amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the
Terms of Service is unenforceable (including any provision in which we exclude
our liability to you) the enforceability of any other part of the Terms of
Service will not be affected all other clauses remaining in full force and
effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause
can be severed to render the remaining part valid, the clause shall be
interpreted accordingly. Alternatively, you agree that the clause shall be
rectified and interpreted in such a way that closely resembles the original
meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a
complaints handling procedure which we will use to try to resolve disputes when
they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these
conditions and we take no action, we will still be entitled to use our rights
and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of
Service constitute the entire agreement of the parties and supersede any and all
preceding and contemporaneous agreements between you and mesramart.com. Any
waiver of any provision of the Terms of Service will be effective only if in
writing and signed by a Director of Nar Mesra Networks.