Conditions of Use

User Agreement

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of VividCrackers.com website.

User Agreement

Your use of a Vividcrackers website including VividCrackers.com (hereinafter referred to as "the Website") and its related sites, services and tools} is governed by the following terms and conditions as applicable to the Website and the general principles for other Vivid Network websites of our subsidiaries and international affiliates. This User Agreement for the Website shall come into effect on 0000 hours India Standard Time 13th July, 2014 ("User Agreement"). If you reside in India, you are contracting with Vivid; a company incorporated under Companies Act, 1956 with registered office at 260, Amman kovil Patti middle street,
SIVAKASI 626189.

For the purpose of the User Agreement, Registered User / Guest User and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as Guest User by providing cell number and email id..

As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or clicking on 'Buy Now' button while transacting as Guest User or such other actions that implies your acceptance.

If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and VividCracker.com's Privacy policy  , please do not click on the "check box " and/or on the "continue" button and/or "Buy Now" button and do not seek to obtain access to or otherwise use the Website.

Amendments: When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these User Agreement, at any time without any prior written notice to You. It is Your responsibility to review these User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. 

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by VividCrackers.com Privacy policy   as provided from time to time.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not purchase any items on the Website. As a minor if you wish to purchase an item on the Website such purchase may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. VividCrackers.com reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to VividCrackers.com's notice or if it is discovered that you are under the age of 18 years.

Guest User: If you are transacting as a Guest User, there could be certain additional restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you.

Your Account and Registration Obligations
If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and cell number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password, email id and cell number as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your cell phone. You agree, inter alia, to: 1. Provide true, accurate, current and complete information about yourself as prompted by VividCrackers.com 's registration form or provided by You as Guest User (such information being the "Registration Data") 2. You must not include any of your contact details such as email addresses etc in your User ID while registering as Registered User; and 3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or VividCrackers.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, VividCrackers.com has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

Electronic Communications
When You use the Website or send emails or other data, information or communication to VividCrackers.com , You agree and understand that You are communicating with VividCrackers.com 's through electronic records and You consent to receive communications via electronic records from VividCrackers.com 's periodically and as and when required. VividCrackers.com 's will communicate with You by email or electronic records on the VividCrackers.com 's Website which will be deemed adequate service of notice/electronic record.

Fees and Services.
Membership on the Website is free. VividCrackers.com does not charge any fee for browsing and buying on the Website.

Use of the Website
i) You understand and agree that VividCrackers.com and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. VividCrackers.com neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. VividCrackers.com has no control over the third party user generated contents.

ii) You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

a. "Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration (as Registered User or as Guest User, buying, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.  

b. Your Information (product review / Blog):
The bold and underlined text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that: 
(a) belongs to another person and to which You does not have any right to; 
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; 
(c) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) harm minors in any way; 
(e) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; 
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) violates any law for the time being in force; 
(h) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 
(i) impersonate another person; 
(j) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; 
(k) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
(l). shall not be false, inaccurate or misleading; 
(m) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, VividCrackers.com does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items Policy which can be accessed at Privacy Policy
(n) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(o) shall not link directly or indirectly to or include descriptions of items, goods or services that: are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under; are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount; are concurrently listed for sale on a web site other than the Website;

iii) Solely to enable VividCrackers.com  to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. VividCrackers.com will only use Your Information in accordance with the User Agreement and VividCrackers.com 's Privacy policy .

iv) In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform VividCrackers.com of the same at support@VividCrackers.com .

Pricing:

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at VividCrackers.com ’s discretion. The price for the products are subject to change and the VividCrackers.com has the right to change the prices without any prior notice. 
Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published may be incorrectly reflected and in such an event we may cancel such your order(s).

Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers located in the United States and Asia Pacific at some of the best data centers in the world that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. Our current Privacy Policy is available at VividCrackers.com/privacy-notice. If you object to your Information being transferred or used in this way please do not use the Website.

Your Consent:
By using the Site and/ or by providing your information, you consent to the collection and use of the information you disclose on the Site by VividCrackers.com Privacy Policy.

Payments
Payments for items on the Website can be made through the electronic, as may be permitted by VividCrackers.com

Breach
Without limiting other remedies, VividCrackers.com may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to: 1. If you breach the User Agreement or Privacy policy  or the documents, agreements rules, policies, terms and conditions these incorporated herein by reference incorporated herein by reference; 
2. If VividCrackers.com is unable to verify or authenticate any information you provide; or
3. If it is believed that your actions may cause legal liability for you, other Users or VividCrackers.com. VividCrackers.com may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with VividCrackers.com or use the Website in any manner whatsoever until such time that such User is reinstated by VividCrackers.com . Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, VividCrackers.com reserves the right to recover any amounts due and owing by you to VividCrackers.com and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Buying
All purchases on the Website are a firm commitment to purchase. If you are the purchaser for any item, you are obligated to complete the transaction with VividCrackers.com. 

By purchasing on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful.

VividCrackers.com  strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by VividCrackers.com.

Please be aware that even if you do not give VividCrackers.com your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the Website we encourage you to post feedback on the VividCrackers.com after the transaction is closed.

Shipping.
Upon placing an order, VividCrackers.com shall ship the product to you and be entitled to its payment for the Services.

Cancellation by VividCrackers.com .
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 canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will inform you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit / debit card has been charged, the said amount will be reversed back in your Card Account.

We will seek authorization on your Card for the aggregate amount of the order placed by you, however, we may charge your card (capture) only with the amount corresponding to the actual portion of the order that we are able/willing to fulfill, and any associated shipping charges/taxes and levies etc. Any surplus amount, for which we might have originally sought and received an authorization on your card from your Card Issuer, if not captured by us in the time period stipulated by our Merchant Banker, will not be captured / charged. If however the same is charged to your card / bank account in error, we will refund it as soon as the same is realized by us or brought to our notice, whichever is sooner. VividCrackers.com reserves the right to capture / charge your card to the full or partial authorized amount for the concerned order.

To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, VividCrackers.com reserves the right to cancel pending and future orders without any liability. VividCrackers.com also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.

Shipping, Return and Cancellation.

Please go thorough out return and cancellation policy at http://VividCrackers.com /return-and-cancellation.

Terms and Conditions for VividCrackers.com Coupons & discounts

Review and Feedback
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to VividCrackers.com on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain VividCrackers.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to VividCrackers.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, VividCrackers.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. VividCrackers.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. VividCrackers.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'.

Governing Law
The User Agreement or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India.

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.