All products/services and information displayed by CuraFoot Pvt Ltd (hence forth called “Cura Foot” in this document) constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed hereunder.
CuraFoot reserves the right to accept or reject your offer. If you have supplied us your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act of omission of CuraFoot prior to the actual dispatch of the product(s) order will constitute acceptance of your offer.
CuraFoot may also provide a marketplace that facilitates the online sale and purchase of merchandise and services offered by various affiliate, registered merchants, manufacturers, vendors, service providers of CuraFoot. The purchase of products and services on the website shall be governed by the Terms of Offer for Sale.
MEMBERSHIP ELIGIBILITY: Use of the site is available only to person who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of Indian Contract Act 1872 are not eligible to use the website. If you are a minor i.e. under the age of 18 years you shall not registered as a user of CuraFoot and shall not transact on or use the website.
ORDER CANCELLATION BY CURAFOOT
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in products or pricing information, or any other problem identified by CuraFoot. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if any additional information is required to accept your order. If your order is cancelled after your payment is received by us the said amount will be refunded back to you.
You agree, understand and confirm that the credit card details provided by you for availing of services on CuraFoot will be correct and accurate and you shall not use the credit card which is not lawfully owned by you i.e. in a credit card transaction you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to CuraFoot. Further the said information will not be utilized and shared by CuraFoot with any of the third parties unless required for fraud verifications or by law, regulation or court order.
CuraFoot will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you.
YOU AGREE AND CONFIRM
That in the case non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information provided) any extra cost incurred by CuraFoot for redelivery shall be claimed from you.
That you will use the services provided by CuraFoot, its affiliated, consultants, vendors, contracted companies for lawful purpose only and comply with all applicable law and regulations while using the website and transacting on the website.
You will provide true information at all instances where such information requested of you. CuraFoot reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly) CuraFoot has the right in its sole discretion to reject the registration and debar you from using the services at CuraFoot, without prior intimation.
That the addresses of which delivery of the product ordered by you are to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of the sale included in the item’s description.
Payments can be made by credit card, debit card, net banking or Cash on Delivery (COD) in some cities. You would be charged Rs 200 delivery charges if your order is less than Rs 2,000. Also a charge of Rs 200 will be applicable as COD charges if your purchase is less than Rs 2,000. This is valid for only those pincodes we serve with a delivery infrastructure – there will be pincodes where we do not currently deliver. Please check while placing your order.
This user agreement shall be construed in accordance with the applicable laws of India. The courts at Kolkata shall have exclusive jurisdiction in any proceeding arising out of this agreement. Any dispute or differences either in interpretation or otherwise of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by CuraFoot Pvt Ltd shall be final and binding on the parties hereto.
The above arbitration shall be in accordance with the arbitration and Conciliation Act 1996 as amended from time to time. The arbitration shall be held in Kolkata. The high court of judicature at Kolkata alone shall have the jurisdiction and the laws of India shall apply.
You agree to indemnify and hold harmless CuraFoot Pvt Ltd, its employees, directors, officers, agents, and their successors and assigns from and against any and all 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 CuraFoot or any third party including but not limited to breach of any warranties, representations, undertakings, or any relation to non-fulfillment of any of your any obligation under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property Rights, Payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This user agreement is effective unless and until terminated by either you or CuraFoot. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the site or affect any liability that may have arisen under the User Agreement.
PLATFORM FOR TRANSACTION AND COMMUNICATION
The website is also a platform that users utilize to meet and interact with one another for their transactions. CuraFoot is not and cannot be a party to or control in any manner any transaction between the website users.
All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping cost, payment method, payment terms, days, period, and mode of delivery warranties related to products and services and after sales services related to products and services. CuraFoot does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers.
CuraFoot does not make any representation or warranty as to specifics (such as quality, value, saleability etc.) of the products or services proposed to be sold or offered to be sold or purchased on the website. CuraFoot does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the website. CuraFoot accepts no liability for any errors or omissions, whether on behalf of itself or third party.CuraFoot is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers.
CuraFoot cannot and does not guarantee that the concerned buyers and/or the sellers will perform any transaction concluded on the website. CuraFoot shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers.CuraFoot does not make any representation or warranty as to the item specifics (such as legal title, creditworthiness, identity etc.) of any its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the website and use with your best judgment in that behalf.
CuraFoot does not at any point of time during any transaction between Buyer and Seller on the website come into or take possession of any of the products or services offered by sellers not does it at any point gain title or to have any rights or claims over the products or services offered by seller to buyer.
At no time shall CuraFoot hold any right, title or interest over the products nor shall CuraFoot have any obligations or liabilities in respect of such contract entered into between buyers and sellers. CuraFoot is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
The website is only a platform that can be utilised by users to reach a large base to buy and sell products or services. CuraFoot is only providing platform for communication and it is agreed that the contract for sale of any of the products or services shall be strictly bipartite contract between the seller and buyer. At no time CuraFoot hold any right, title or interest over the products nor shall CuraFoot have any obligations or liabilities in respect of such contract. CuraFoot is not responsible for unsatisfactory or delayed performance of services or damages or delays as results of products which are out of stock, unavailable or back ordered.
You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc with the seller(s) that you transact with.
You release and indemnify CuraFoot and/or any of its officers, directors, employees and representative from any cost, damage, liability or other consequence of any of the actions of the vendors 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, Tribeca Car cannot control the information provided by other sellers which is made available on the site. You may find seller’s information to be offensive, harmful, inaccurate, and deceptive. Please use caution, common sense, and practice safe trading when using the website. Please note that there is also risk of dealing with underage persons or people acting under false pretense.
All other terms and conditions of this user agreement are applicable to such transactions.
Disclaimer For Equipment Rental Services
Some of the equipment being rented is not a service offered by CuraFoot Private Ltd and we do not guarantee availability as per requirement.
The service provider Terms and conditions will be informed to you and this contract would be between you and the Service Provider directly with no liabilities accruing to CuraFoot and will be signed separately at the time of the delivery of the equipment. In case the same is not acceptable to you can cancel the same .However no refund will be done for the booking amount if the cancellation is done after the delivery has been done.
CuraFoot will make all efforts to ensure that the equipment reaches you as required. However in case the same is not possible, our liability is restricted to the amount transacted on our site i.e. the booking amount and the same will be refunded to you at no charge.
The equipment condition, damage to it etc. are all conditions governed by the Service Provider’s terms & conditions document which you will receive at the time of the delivery of the equipment.
All refunds, deposits, rentals etc. are a matter between you and the Service Provider. CuraFoot has no part in the same.
The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information provided here or by the service provider.