Terms & Conditions
These terms and conditions are between www.skymagicfireworks.com and between the buyers or users of this website. We recommend all users to read the terms and conditions carefully before using or registering on the website or accessing any material, information or services through the website. Your use of this website or the services provided by the website shall signify your acceptance of the terms and conditions and your agreement to be legally bound by the same.
Any document produced through this website www.skymagicfireworks.com will be electronic system generated. It means that any document generated as an electronic record as per the information technology ACT of 2000, does not require an electronic or physical signature.
A.1 www.skymagicfireworks.com(“Website”) is an Internet based portal owned and operated by M/S.SkyMagic Fireworks, CHENNAI, a company incorporated under the laws of India, with its registered office at No: 2/553B, Sattur Main Road, Mettamalai Village, SIVAKASI – 626189, Tamilnadu, INDIA. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by M/S.Udhaya Pyro Park at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
A.4 www.skymagicfireworks.com agrees to deliver the merchandise ordered by you only at such locations as per the areas mentioned in the delivery chart. skymagicfireworks.com shall not be liable to deliver any merchandise or Services purchased by Users for delivery in locations outside India shall not be entertained.
B.1 You hereby expressly agree to receive communications by way of SMS, e-mails from www.skymagicfireworks.com relating to services provided through the website.
B.2 A User can unsubscribe from receiving communications from www.skymagicfireworks.com through SMS and e-mail anytime by unsubscribing from the website by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail
B.3 All notices of www.skymagicfireworks.com will be served by email or by general notification on the website only. Any notice provided to www.skymagicfireworks.com pursuant to the Terms & conditions should be sent to www.skymagicfireworks.com customer support firstname.lastname@example.org
B.4 You cannot assign or otherwise transfer the terms and conditions, or any rights granted here under to any third party. www.skymagicfireworks.com has rights under the Terms and conditions to freely transferable to any third parties without the requirement of seeking Your consent.
C.1The Website is a platform that facilitates the online sale and purchase of “Anil brand” crackers and services offered by www.skymagicfireworks.com various affiliate/ registered merchants/ vendors/service providers at a discounted price. The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the Terms of Offer For Sale (“Terms of Offer For Sale”)
D. ELIGILIBITY FOR USE
D.1The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the www.skymagicfireworks.com system by for any reason whatsoever. If you do not conform to the above qualification, you shall not be permitted to avail of the Services or use the Website. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, you may avail the Services provided by skymagicfireworks.com through Your legal guardian in accordance with the applicable laws.
D.2 www.skymagicfireworks.com reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
D.3You shall not have more than one active Account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party.
E. USER ACCOUNT, PASSWORD AND SECURITY
E.1 www.skymagicfireworks.com makes the Services available to you through the website only if you have provided skymagicfireworks.com certain required User information and created an account (“Account”) through and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID(collectively, the “Account Information”). The Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms”). If there is any conflict between the Terms and conditions, the Additional Terms shall take precedence in relation to that service.
E.2The Website requires you to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to immediately notify skymagicfireworks.com of any unauthorized use of your Account information or any other breach of security, and ensure that you exit from your account at the end of each session. www.skymagicfireworks.com cannot and will not be liable for any loss or damage arising from your failure. You may be held liable for losses incurred by www.skymagicfireworks.com or any other user of or visitor to the website due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.
E.3The Website also allows restricted access to the services for unregistered Users.
E.4You shall ensure that the account information provided by you in the website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
E.5If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or www.skymagicfireworks.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, www.skymagicfireworks.com has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
F. PRICING INFORMATION
F.1 www.skymagicfireworks.com strives to provide you with the best prices possible on products and services you buy or avail of from the website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer For Sale.
F.2You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verification or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. skymagicfireworks.com expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
F.3 www.skymagicfireworks.comor M/S.Udhaya Pyro Park, 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 you/cardholder having exceeded the preset limit mutually agreed by skymagicfireworks.com with our acquiring bank from time to time.
G. USER OBLIGATION:
G.2 You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by the terms and conditions and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
G.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials that you access on the website.
G.4 You agree not to access the website and the materials or services by any means other than through the interface that is provided by skymagicfireworks.com. You shall not use any program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website.
G.5You acknowledge and agree that by accessing or using the website or Services, You may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. skymagicfireworks.com disclaims all liabilities arising in relation to such offensive content on the Website.
G.6If Website allows you to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to: Defame, abuse, harass, threaten or otherwise violate the legal rights of others, Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer. Engage in any activity that interferes with or disrupts access to the Website or the Services. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
H. USE OF WEBSITE
H.1 www.skymagicfireworks.comhereby grants you a non-exclusive, freely revocable, non-transferable access to view, download and print product catalogs or any other materials available on the Website, subject to the following conditions:
H1b) You may not modify or alter product catalogs or any other materials available on the Website.
H1c) You may not distribute or sell, rent, lease, license or otherwise make the product catalogs or any other materials available on the Website available to others.
H1d) You may not remove any text, copyright or other proprietary notices contained in the product catalogs or any other materials available on the Website.
I. INTELLECTUAL PROPERTY RIGHTS
I.1The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music, artwork and computer code on the website is owned and controlled by skymagicfireworks.com and the design, structure, selection, coordination, expression, look and feel and arrangement of such content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
I.2 The trademarks, logos and service marks displayed on the website are the property of skymagicfireworks.com or their vendors or respective third parties. You are not permitted to use the marks without the prior consent, the vendor or the third party that may own the marks.
J. DISCLAIMER OF WARRANTY & LIABILITY
J.1 The website www.skymagicfireworks.com, provide services and other materials on an as is basics, that means there shall be no warranties for the following
J1a) The website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error free
J1b) The result that may be obtained from the use of the website or services or materials will be effective, accurate or reliable.
J1c) The quality of the website or services or materials will meet your expectations.
J1d) We at www.skymagicfireworks.com will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or your account information in connection with the website or its services or materials either with or without your knowledge.
J1e) We will not be responsible for any non availability of the website during periodic maintenance operation or any unplanned suspension of access to the website that may occur due to technical reasons or for any reasons beyond our control.
K. INDEMNIFICATION AND LIMITATION OF LIABILITY
K.2 In no event shall www.skymagicfireworks.com or M/S.Udhaya Pyro Park, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not www.skymagicfireworks.com has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
L. VIOLATION OF TERMS AND CONDITIONS
L.1 You agree that www.skymagicfireworks.com may, in its sole discretion and without prior notice, terminate your access to the website and block your future access to the Website if we at www.skymagicfireworks.com determines that You have violated these terms and conditions or additional terms. You also agree that any violation by you of these terms and conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to www.skymagicfireworks.com , for which monetary damages would be inadequate, and you consent to www.skymagicfireworks.com obtaining any disjunctive or equitable relief that skymagicfireworks.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies skymagicfireworks.com may have at law or in equity.
L.2 You agree that www.skymagicfireworks.com may, in its sole discretion, and without prior notice, terminate or modify or correct or change or remove the information or material of the website or any service offered on or through the website at any time.
L.3 If we at www.skymagicfireworks.com or M/S.Udhaya Pyro Park does take any legal action against You as a result of Your violation of these terms & Conditions, M/S.Udhaya Pyro Park,SIVAKASI will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to M/S.Udhaya Pyro Park.
M.1 If You want to terminate your agreement with www.skymagicfireworks.com, you may do so by not accessing the website or by closing Your accounts from our website.
M.3 www.skymagicfireworks.com may also terminate or suspend all or a portion of your account or access to the services with or without reason. Termination of your account may include the following
M3a) Removal of access to all offerings within the website or with respect to the services.
M3b) Deletion of your materials and account information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your account and
M3c) Barring of further use of the services.
M.4 You agree that all terminations shall be made in www.skymagicfireworks.com sole discretion and that we shall not be liable to you or any third party for any termination of your account or your access to the website and services.
N. GOVERNING LAW
N.1 These terms and conditions and all transactions entered into on or through the website and the relationship between you and www.skymagicfireworks.com shall be governed in accordance with the laws of India without reference to conflict of laws principles.
N.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the website shall be subject to the exclusive jurisdiction of the courts at SIVAKASI, INDIA and you hereby agree to and accept the jurisdiction of such courts.
O. REPORT ABUSE
In the event you come across any abuse or violation of these terms and conditions or if you become aware of any objectionable content on the Website, please report to email@example.com
P. FEEDBACK & INFORMATION
Any feedback you provide to this website shall be deemed to be non confidential. www.skymagicfireworks.com shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant the following
P.1 Your feedback does not contain confidential or proprietary information of you or of third parties
P.2 www.skymagicfireworks.com is not under any obligation of confidentiality, express or implied, with respect to the feedback.
P.3 You are not entitled to any compensation or reimbursement of any kind from www.skymagicfireworks.com for the feedback under any circumstances.
Q.OFFERS AND DEALS
Q.1 Offers cannot be transferred from one account to another.
Q.2 Coupons cannot be redeemed for cash.
Q.3 The expiration of the offers will depend on the activity it is being credited against.
Q.4 www.skymagicfireworks.com reserves the right to decide/alter/change the expiration period of the activities at any time with or without notice.
Q.5 www.skymagicfireworks.com reserves the right to extend or terminate the validity of offers and deals associated to any activity at any time.
Q.6 www.skymagicfireworks.com has no obligation to compensate the customer after the termination/expiration date of the offers and deals.
Q.7 www.skymagicfireworks.com reserves the right at any time, without notice, to add/alter/change/or vary any or all of these terms and conditions or to replace, wholly or in part, the offers and deals featured on the website or to withdraw it altogether.
Q.8 The use of the offers and deals by the customer for redemption will be deemed to the acceptance of these Terms and Conditions in addition to the rest of the terms and conditions and that the customers understand and agree to be unconditionally bound by the same.
Q.9 www.skymagicfireworks.com reserves the right to disqualify any customers from the benefits mention herein above. In case of any fraudulent activity, prosecution will be carried out against the concerned customer.