1.1. Thank you for visiting the www.joshypyrotechnics.com By accessing or using www.joshypyrotechnics.com website or the mobile application or any other media ("Website"), whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein you ("User") agree to be bound by these Terms and Conditions ("Terms") and any additional terms and conditions of third party sellers ("Sellers").
1.3. In these Terms, references to "you", "User" shall mean the end user/customer accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers or Sellers, and references to the "Website", "joshy", "www.joshypyrotechnics.com", "we", "us" and "our" shall mean the Website and/or Joshy Pyrotechnics Private Limited, its affiliates and partners (as applicable).
1.5. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
1.6. The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
1.7. The Website is operated by Joshy Pyrotechnics Private Limited., a company incorporated under the laws of India having its operating office at Vadamalapuram, Sivakasi. All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
1.9. We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified.
1.10. These Terms will continue to apply until terminated by either you or www.joshypyrotechnics.com in accordance with the terms set out below:
1.10.1. The agreement with www.joshypyrotechnics.com can be terminated by (i) not accessing the Website; or (ii) closing Your Account, if such option has been made available to you.
1.10.2. The above clause shall also apply to any additional Terms applicable to the use of the Website and www.joshypyrotechnics.com reserves the right to terminate access to the Website (including any services offered as part thereof);
1.10.3. Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of this agreement.
2.1. Use of the Website is available only to such persons who can legally contract 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. shall not be eligible to use the Website.
2.2. Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.
2.3. The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website's notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.
2.4. By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
3.1. Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
3.2. If you wish to register yourself with the Website, you shall be required to create an account by registering through Facebook or your email account or by filling in the details prescribed in the Website registration form. You will then receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. www.joshypyrotechnics.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
3.3. If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
3.4. If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
3.5. The Website may be inaccessible for such purposes as it may, at its sole discretion deem necessary, including but not limited to regular maintenance. However, under no circumstances will www.joshypyrotechnics.com be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against www.joshypyrotechnics.com in this regard.
4.1. All Products exhibited on the Website are on an "as is" and "as available" basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.
4.2. www.joshypyrotechnics.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
4.3. Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.
5.1. Prices for Products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees.
5.2. The Website does not charge any registration/membership or browsing fee. In the event, the Website alters its services; it may introduce new fees for such altered services. All such fees that the Website may charge will be intimated to the Users and such change shall automatically become effective immediately after they are posted on the Website. All such fees charged by the Website shall be in Indian Rupees. The Users continued use of the Website shall be deemed as an acceptance of the amended terms and conditions.
5.3. www.joshypyrotechnics.com may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment to Users. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are delivered to the User and such other additional time as may be agreed between Website and directly the users.
5.4. While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising or indirectly to the User due to:
5.6. The Website may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products. Additionally, the Website reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts.
5.7. The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).
6.1. You agree and undertake to use the Website only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when the Website, you will not:
7.1. While using the Website, the User specifically undertakes not to host, display, upload, modify, publish, transmit, update or share any information or content that:
7.2. The User shall use the Website and purchase any Products available on it, for personal, non-commercial use only and shall not re-sell the same to any other person or commercialize the same in any manner whatsoever.
7.3. The User may need to install updates that the Website or any third party may introduce from time to time to access the Products /Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. By using the Website, the User shall be deemed to have agreed to receive such updates.
Unless otherwise specified, the products/items listed on the Website are solely for the purpose of delivery in India. The Website shall under no circumstance be held liable for use or availability of Products for use in locations/countries other than India.
9.1. The Website's User protection program provides for resolution of disputes to the User to successfully resolve a dispute regarding refund or replacement or non-delivery of a Product.
9.2. In such an eventuality, the User can write to firstname.lastname@example.org if the issue remains unresolved.
9.3. The Website's Users support team shall provide reasonable assistance and take such relevant actions, at its sole discretion may deem fit.
Notice: All notices to be issued pursuant to these Terms shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms shall be sent to the Website's grievance officer by e-mail email@example.com
Assignment: These Terms shall not be assigned or otherwise transferred by the User. However the Website's obligations under these Terms are freely assignable or otherwise transferable by the Website to any third parties without the requirement of seeking the Users prior consent.
Severability: If any provision of these Terms is void, or is so declared, such provision shall be severed. The Terms shall otherwise remain in full force and effect. Waiver: Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Relationship and Exclusivity. Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.
Force Majeure: If performance of any Service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.