Terms of Use

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.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the FatakkSite is owned and controlled or licensed by us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

About This Policy

Welcome to www.Fatakk.com - We thank you for choosing to visit and be one of our customers. Your use of FatakkSite and affiliated sites will be treated as your acceptance of the general terms of use provided herein below as may be amended from time to time (the “Terms of Use”). If you do not agree to these Terms of Use, in whole or in part, you are requested to close your browser and exit from the FatakkSite.

This Terms of Use applies to use of the website www.Fatakk.com located at http://www.Fatakk.com (“FatakkSite"). The FatakkSite is the property of Gemini Power Hydraulics Private Limited (herein after referred to as “GEMINI”).

For the purpose of this Terms of Use, wherever the context so requires ‘You’ or “User” shall mean any natural or legal person who has agreed to become a member of the FatakkSite by providing his/her/its registration data while registering on the FatakkSite. FatakkSite allows User to browse or make purchases without registering on FatakkSite. The term “we”, “us”, “our” shall mean FatakkSite or GEMINI, as the case may be.

General Terms of Use

Registration, Customer Accounts, Use of FatakkSite

Certain services offered on or through the FatakkSite require you to register your contact information under the tab ‘My Account’. You are responsible for maintaining the confidentiality of the information provided in My Account, including your password, and for all activity that occurs there under. You agree to notify Fatakk.com immediately of any unauthorized use of your password or My Account, or any other security breach. You may be held liable for losses incurred by Fatakk.com or any other user of FatakkSite due to an unauthorized party using your password or your customer identification under registered with ‘My Account’. Unless specifically authorized, you are not permitted to use anyone else's password or customer account on Fatakk.com at any time. You may not attempt to gain unauthorized access to the FatakkSite. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, or in any other way aid or abet, then your registration under My Account will be terminated without advance notice to you and at the sole discretion of Fatakk.com. By accepting the Terms of Use, you hereby unconditionally waive any right to challenge or dispute any steps that may be taken by Fatakk.com with respect to dealing with your ‘My Account’ registration.

You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your ‘My Account’ information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the ‘My Account’ button and selecting the appropriate link. You may not use any automatic device, software program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the FatakkSite or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the FatakkSite or any of its Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the FatakkSite. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the FatakkSite or any of the systems or networks comprising or connected to the FatakkSite.

You also agree that FatakkSite may, in its sole discretion and without prior notice to you, terminate your access to the FatakkSite and your My Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the FatakkSite or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content on the FatakkSite, (3) discontinuance or material modification of the FatakkSite or any service offered on or through the FatakkSite, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies.

You agree that FatakkSite will not be liable to you or to any third party for termination of your access to the FatakkSite. By accepting the Terms of Use, you hereby unconditionally waive any right to challenge or dispute the termination of your access to FatakkSite for any reason whatsoever.

Electronic Communications

You agree to receive communications from us electronically by email or other forms of virtual media as may be developed by FatakkSite from time to time. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically by email will satisfy any legal requirement that such communications should be in writing.

Unless we indicate, if you post feedback, content or submit material on your own then you grant FatakkSite a nonexclusive, royalty-free, irrevocable, perpetual and fully sub-licensable right to use, modify, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant Fatakk and its sub-licensees the right, but not the obligation, to use the name that you submit with such content. You warrant and represent that you own or control all rights to the content you post or submit. You also warrant that the content is accurate, that use of the content you post will not violate this policy and will not cause injury to any person or entity. You agree to indemnify Fatakk for any and all claims resulting from content that you submit or post. You agree that Fatakk has the right, but not the obligation, to monitor, edit and/or remove any activity or content as it sees fit. Fatakk shall have no responsibility and assumes no liability for any content posted by you or anyone else.

Copyright & Trademarks

FatakkSite and its contents are intended for your personal use and shall not be exploited commercially or otherwise. Unless otherwise noted, all content on FatakkSite, including text, graphics, photos, videos, logos, button icons, images, audio clips, and software, is the property of FatakkSite and protected by Indian and International copyright and intellectual property laws. Third party content providers also own copyrights in the content original to it. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of FatakkSite content, on FatakkSite, in whole or in part. You may not download or copy FatakkSite content for any use.

You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on FatakkSite.

Indemnification

You agree to indemnify and hold harmless FatakkSite and / or GEMINI, its parents, sister companies, subsidiaries, affiliates, service providers, other end users, distributors, licensors, officers, directors, employees and subcontractors from any claim or demand. This includes arbitration or attorney fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on FatakkSite for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on FatakkSite is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through FatakkSite meet your specific requirements.

Limitation of Liability

IN NO EVENT SHALL FATAKKSITE AND / OR GEMINI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TERMS OF USE, EVEN IF FATAKKSITE AND / OR GEMINI HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Sales Policy

By placement of an order, and/or by acceptance of goods ordered, you signify agreement that no terms, conditions or warranties other than those stated in these Terms, and no agreement or understanding, oral or written, in any way purporting to modify these Terms, conditions and/or warranties, whether contained in your purchase order or elsewhere, shall be binding on FatakkSite, unless made in writing and signed by an appropriate officer of FatakkSite. FatakkSite expressly objects to any terms inconsistent with those expressly stated herein.

Pricing

Prices are exclusive of all taxes/ local levies/VAT/ Octroi or Entry Tax, duties etc.

Shipping charges are as per actual. We offer free shipping (no extra charges for shipping) on some selected shipping modes or some selected products or for some specific period, or beyond a certain amount of purchase in a given instance which will be updated in the FatakkSite at any time.

Price mentioned are fixed and non-negotiable. You can get discounts by using discount vouchers provided by us or by authorized third parties & promotional offers provided by us in specific time period or for some specific products for repeated purchases and during seasonal period. Provision of discount voucher or free gifts are under sole decision of FatakkSite.

Published prices are subject to change without notice.

Order Acceptance

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. FatakkSite reserves the right at any time after receipt of your order to accept or decline your order for any reason. FatakkSite further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by FatakkSite upon shipment of products or performance of services that you have ordered. Title to goods and all risk of loss passes to you upon delivery to the common carrier. Some orders may need pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

We as a merchant 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 the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Cancellation of order

We reserve the right to cancel any order at our sole discretion, under a situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the our policy or for any other reason. However, we will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.

Payment Terms

FatakkSite accepts cash (on delivery), checks, Visa, MasterCard, and American Express as payment forms. For customers with established FatakkSite credit, payment terms are set at mutually agreed days from the date of shipment or pick-up of products. All credit extended by FatakkSite to customer, and the limits of such credit, is at FatakkSite’s sole discretion, and may be reduced or revoked by FatakkSite at any time, for any reason. As a condition for the continued extension of credit, customer agrees to provide FatakkSite with current credit information and the latest annual financial statement within five (5) business days following request by FatakkSite. FatakkSite reserves the right to charge a convenience fee for late payments. FatakkSite further reserves the right to charge customer a late payment fee at the rate of two percent (2%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such amount as may be permitted under applicable law. Anticipation and cash discounts are not allowed. Export orders are subject to special export payment terms and conditions as may be specified from time to time. All payments must be made in INR. FatakkSite has the right of set-off and deduction for any sums owed by customer to FatakkSite.

If customer fails to make payment within specified days of shipment or pick-up, or fails to comply with FatakkSite’s credit terms, or fails to supply adequate assurance of full performance to FatakkSite within a reasonable time after requested by FatakkSite (such time as specified in FatakkSite 's request), FatakkSite may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order. Additionally, customer, and each of its subsidiaries and affiliates, agrees to provide to FatakkSite proper authorization necessary for FatakkSite to request any financial information from third parties.

Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates. Each of customer’s subsidiaries and affiliates purchasing from FatakkSite are jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.

Customer hereby grants to FatakkSite a first priority purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to FatakkSite. Customer agrees to file, and it permits and authorizes FatakkSite to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of FatakkSite’s lien or security interest.

Customer agrees that any credit balance(s) issued by FatakkSite will be applied to customer’s account within one (1) year of its issuance. If customer has not requested the credit balance within one (1) year, any remaining credit balance will be cancelled and FatakkSite shall have no further liability.

If customer elects to use a third party payment system provider (“Third Party Provider”) and FatakkSite is charged fees by the Third Party Provider, FatakkSite reserves the right to seek reimbursement from customer for any and all costs paid to the Third Party Provider for the transfer of funds, retrieval of payment detail, or any other purpose from the Third Party Provider.

Product Warranty

Customer should contact FatakkSite if not satisfied with a product for any reason. FatakkSite will promptly provide an exchange or refund if the product is returned within 15 days of delivery, in its original packaging and with proof of purchase from FatakkSite and as per other conditions stated in FatakkSite Returns Policy.

Fatakk warrants products against defects in materials and workmanship under normal use for periods as specified alongside features individually. For returns under warranty within warranty period, FatakkSite may, at its option (i)repair (ii) replace or (iii) refund the amount paid by customer. Other conditions governing returns would be as per Returns Policy.

Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. FatakkSite does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does FatakkSite accept responsibility for construction, installation and/or use of a product. It is customer's responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

Product cross-reference comparisons do not imply that products are available or perfectly comparable. Cross – referenced products are not represented or warranted as functional or performance equivalents. Customer shall review all cross-referenced product specifications prior to purchase and use to determine suitability of the product for customer's intended use.

Intellectual Property

Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by FatakkSite, or any trademarks or service marks owned by suppliers to FatakkSite. All materials contained on FatakkSite are subject to the ownership rights of FatakkSite / GEMINI and/or its suppliers. Customer shall have no right to copy or use any of the intellectual property of FatakkSite or its suppliers without FatakkSite 's written permission.

Independent Contractors

FatakkSite and customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer does not have the right to bind or otherwise obligate FatakkSite in any manner, nor may customer represent to anyone that it has the right to do so.

Force Majeure

FatakkSite shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of FatakkSite in the conduct of its business.

Assignment

Customer shall not assign any order, or any interest therein, without the prior written consent of FatakkSite. Any actual or attempted assignment without FatakkSite 's prior written consent shall entitle FatakkSite to cancel such order upon notice to customer.

No Third Party Benefit

The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.

Modification of Terms

FatakkSite’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth herein. Customer's assent to these terms and conditions shall be presumed from customer's receipt of FatakkSite’s acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of FatakkSite’s terms and conditions by customer shall be binding upon FatakkSite, unless agreed to in writing by an authorized representative of FatakkSite. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in FatakkSite’s acknowledgment, FatakkSite’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by FatakkSite of any of the terms and conditions contained herein or in FatakkSite’s acknowledgment.

Applicable Law

Your use of FatakkSite and any dispute arising out of such use of FatakkSite is subject to the laws of India or other regulatory authority. All legal disputes are subject to jurisdiction in courts of Mumbai only.

Updates

From time to time we may change our privacy policies because of changes in the relevant and applicable legal or regulatory requirements, changes in our business or business practices, or in our attempts to better serve our customers. Notice of any material changes in the manner in which we handle personally identifiable information under this policy will be provided on FatakkSite. Please check FatakkSite periodically for updates. Policy updates shall be effective the date the change is posted on FatakkSite. By continuing to use FatakkSite after we post any changes, you agree to the terms of the updated policy.

Questions

If users have any questions or suggestions regarding our Disclaimer Policy, please contact us as follows: by email at info@Fatakk.com; or
write to

Gemini Power Hydraulics Private Limited

2, CMPSC Complex, Kalamboli Warehousing Corporation,

Near Libra Kata, Kalamboli,

Navi Mumbai - 410218  

Maharashtra

or call +91 (0) 22 - 66819803

Policy Prepared: Version 1: 6th November, 2012

 

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