TERMS & CONDITIONS
Elevar solely reserves the right to accept, reject and remove users from registrations on the website & related web assets without stating any reason thereof. We reserve the right to restrict access to some parts or all of this Website.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
JURISDICTION AND GOVERNING LAW
Any dispute or difference arising any time between the Parties hereto in respect of the Agreement or the interpretation of any of the provision of this Agreement and/or any amendments or modification thereof for the time being and from time to time in force, shall be decided in accordance with Indian Law by Courts courts situated in Mumbai, which Courts shall have the exclusive jurisdiction to adjudicate such disputes.
"Agreement" means the aforesaid terms and conditions;
"Elevar" refers to the trade name Elevar operating under Elevar Sports Pvt Ltd; "Products" mean consumer items, inclusive of but not restricted to Cricket Bats and other items as may be manufactured / sourced by Elevar from time to time; “Offerings” mean all the products, packages, features, applications and the like provided by us, inclusive of but not restricted to, site functionalities, subscription and any other third party offerings. "Site" means the website maintained by Elevar, http://www.elevarsports.com on which all the Creations, Products and Reproductions shall be displayed for the benefit of the users of the website; "End User(s)" means any person, who may or may not have an account registered on the Site, who has logged on to the Site for the purpose of browsing and/or use of the features available thereon.
LICENSE & SITE ACCESS
Elevar & elevarsports.com does not permit copying or downloading of any kind of content (text, graphics, clip arts, icons, images, audio clips, videos or software) and these are solely owned by Elevar Sports Pvt. Ltd. Any unauthorized use of the content of the website by you shall bring to an immediate end, any permissions granted to you by Elevar & result in appropriate action at the sole option of the Company. Elevar and related web assets on third party sites may include links to third party websites that are controlled and maintained by others. Any link to other websites or any other destination on the internet or mobile is not an endorsement of such websites or destination and Elevar or its properties are not liable for the content or availability of any such sites. Unauthorized use of Elevar may give rise to a claim for damages and/or regarded as a criminal offense resulting in appropriate legal action.
INCORPORATION BY REFERENCE
TRADEMARKS & LOGOS
The trademarks, logos and service marks displayed on elevarsports.com are registered trademarks of Elevar Sports Pvt Ltd., its affiliates and other respective third parties. Nothing contained on elevarsports.com should be construed as granting any license or right to use any trademarks without the prior written permission of the website owner.
Persons who cannot enter into legally binding contracts in accordance with the provisions of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not entitled to use elevarsports.com. Persons under the age of 18 years but above 13 years of age (“Minors”) may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. If the Minor’s age is below that of 18 years, only the Minor’s parents or legal guardians can transact on behalf of such Minors, provided that their parents/ guardians are registered users. Minors are prohibited from purchasing any material. The Site is freely accessible to the End User, however; the End User will have to register with elevarsports.com and create their individual registration account prior to any purchase of products. All registration information must be correct, complete and promptly updated by the End User.
Use of elevarsports.com shall in all respects be governed by the laws of India, regardless of the laws that might be applicable under principles of conflicts of law. These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws. Disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai.
elevarsports.com, its officers, directors, shareholders, parents, subsidiaries, affiliates, employees, or joint venture partner are not liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages and/or costs of any kind, arising from your use of this website or your breach of these terms.
LIMITATION OF LIABILITY
In any event the liability of elevarsports.com, for any loss or damage caused to you, whether direct or indirect, shall not exceed the amounts already paid by you to the elevarsports.com in relation to the purchase of Offerings through your Account. elevarsports.com will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of elevarsports.com, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. We suggest you take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of destructive nature. While availing any of the payment method/s offered by elevarsports.com, elevarsports.com is not responsible or takes no liability of any kind in respect to any loss or damage arising directly or indirectly to you out of the decline due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by you and between your "Bank/s" and/or Service Provider/s, or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s.
Certain of our Offerings, including the purchase of any products offered by us, may be subject to payments now or in the future (the “Paid Offerings”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Offerings (your “Billing Account”) for use of the Paid Offerings. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Offerings, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Offerings in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
We may terminate your access to all or any part of the Offerings at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Offerings. Any fees paid hereunder are non-refundable. All provisions of these Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
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