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NEWS
March 10, 2010
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    Terms & Conditions
    Grooveindia.com is owned and controlled by Geist Enterprises. The laws of India shall apply and courts of Delhi/New Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers. Geist Enterprises reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of Grooveindia.com.

    Definitions
    • "Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
    • "Acceptance" shall mean the affirmative action by user in clicking the check box "I agree to the Terms & Conditions and Privacy Policy".
    • "Grooveindia.com''  / ''website '' means the online shopping platform and the services provided by it, providing a venue/platform to the Users of Grooveindia.com to buy the products listed on Grooveindia.com.
    • ''Product/Products'' means and includes any goods/merchandise/ products/services/offers/ display items that are uploaded /showcased/displayed on Grooveindia.com and the related description, information, procedure, processes, warranties, delivery schedule, etc.
    • "Customer" / "buyer" shall mean the person or any legal entity who accepts the offer for sale on Grooveindia.com by placing an order for and purchases any product offered for sale on the platform of Grooveindia.com.
    • "User" / ''you" means and includes any person or an entity or any legal entity using or accessing the services provided on Grooveindia.com.
    • "We"/"us"/"our" shall mean the owner of the website, Geist Enterprises

    Geist Enterprises provides its services to you subject to the terms and conditions given hereunder. If you visit us at Grooveindia.com, you accept these terms and conditions. Please read them carefully.

    In addition, when you use any current or future service from Geist Enterprises (e.g. Your Account/Profile and Forums etc.) or visit or purchase from any business affiliated with Geist Enterprises, whether or not included on Grooveindia.com website, you will be subject to these guidelines and conditions for such service or business.

    By using the shopping services of Grooveindia.com you agree to be bound by these terms and conditions. All products/services and information displayed by Geist Enterprises on Grooveindia.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Geist Enterprises reserves the right to accept or reject your offer.

    Electronic Communication
    When you visit Grooveindia.com or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website/forum. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement.

    Disclaimer of warranties and limitation of liability
    Geist Enterprises has made this service available to use as a matter of convenience. Geist Enterprises expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. Geist Enterprises also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

    Geist Enterprises does not warrant that this site, its servers, or e-mail sent from Grooveindia.com are completely free of viruses or other harmful components. Geist Enterprises will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

    The Service(s) of the website is provided on an "as is" basis without warranties of any kind, whether express or implied. Geist Enterprises does not represent or warrant maintaining the confidentiality of information; although Geist Enterprise’s current practice is to ensure reasonable efforts to maintain such confidentiality.

    Geist Enterprises will not be responsible for any damage suffered by Users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.

    User agrees and acknowledges that User shall be solely responsible for User's conduct and that Geist Enterprises reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall Geist Enterprises employees, agents, consultants be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.

    Geist Enterprises therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites

    In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Geist Enterprises will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.

    In case of a Bank Transfer, you may be offered certain discount/offer/scheme, which will be displayed while selecting Bank Transfer as your payment option. Geist Enterprises will consider your offer to purchase a product only when you have transferred the required amount into the Bank Accounts mentioned by Geist Enterprise on the website and the same has been verified by Geist Enterprises.

    Any request for cancellation of orders once duly placed on the site, shall not be entertained.

    Presently, the service(s) of the website are being offered free. However, Geist Enterprises reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes.

    Risk of Loss, Availability and Delivery Terms
    All items purchased from Geist Enterprises are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to the carrier by Geist Enterprises.

    You will be offered free shipping for orders whose value is equal to or greater than Rs. 1495 in case of Games and Accessories.

    Shipping charges will apply for orders whose value is less than Rs. 1495 as well as in the case of consoles. Shipping charges will be calculated by our systems depending on the shipping address entered by the user in case of the said charges not being mentioned on the product details page. Shipping charges for Consoles will be mentioned clearly on the said product's detail page on the website.

    "Out of Stock/Reorder on Demand" stock category means that the said product/item is out of stock/unavailable and if order is still booked by user, then Geist Enterprises undertakes no guarantee as per the delivery period/time. It simply means that the said product/item will be sought from vendors/suppliers and if procured, will be shipped to the user who had ordered for the said product/item.

    Geist Enterprises shall not be liable for any delay / non-delivery of purchased goods due to flood, fire, wars, acts of God or any cause that is beyond the control of Geist Enterprises.

    The availability of products is subject to change. Geist Enterprises reserves the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.

    In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or shipping address, absence of receiver at shipping address, etc.) any extra cost incurred by Geist Enterprises for re-delivery shall be claimed from the User placing the order.

    We offer Insurance as an additional service from our designated carriers to assist you in safeguarding your order's delivery. The amount charged for Insurance will be clearly displayed after you select to avail the Courier Insurance offer. We do not bear the liability to pursue the carrier on your behalf for settlement of any claims made by you regarding non-delivery of ordered items.

    Local Taxes including/not limited to Octroi, Local Levies if incurred during delivery to you will be borne by the user.

    Trademark
    The logo / image of Grooveindia.com on the home page of the website & other pages and as used in the communication to the User belongs to Geist Enterprises and cannot be used or communicated or distributed without the specific and written permission of Geist Enterprises.

    License and Site Access
    Geist Enterprises grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except in case Geist Enterprises gives consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Geist Enterprises.

    You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Geist Enterprises and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" and Grooveindia.com's name without the express written consent of Geist Enterprises.

    Any unauthorized use terminates the permission or license granted by Geist Enterprises. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website as long as the link does not portray the website, it’s owners, its affiliates and their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form.

    The website can only be used by persons who can form legally binding contracts under the Indian Contracts Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contracts Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the website.

    Your Account
     If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and also you agree to accept responsibility for all activities that occur under your account or password.

    Geist Enterprises does sell products for children, but it sells them to adults, who can purchase with a credit card or otherwise. If you are under 18, you may use the website and/or forums only with involvement of a parent or guardian or otherwise, Geist Enterprises has the right to cancel any order or service to the User if the above mentioned conditions are not met.

    Geist Enterprises and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

    Product Description and Warranties
    Geist Enterprises attempts to be as accurate as possible. However, Geist Enterprises does not warrant that product descriptions or other content or prices/amounts of this site is accurate, complete, reliable, current, or error-free.

    Release dates mentioned on our website may differ from actual release dates. The release dates mentioned on our website are the dates communicated to us by our suppliers/vendors/affiliates.  They are on reference basis only and must not be taken as factual data.

    The products listed on our website are compatible with original gaming hardware (consoles, accessories) sold in India.

    All products are duly screened by Geist Enterprises to ensure that the products are of standard, quality, composition, style or model that they represent and as displayed on the website.

    If a product offered by Geist Enterprises itself is not as described, your sole remedy is to return it in unused condition.

    It is also clearly understood that all warranties, implied or express take place between the Manufacturer/Publisher and the User.

    Pricing
    All prices, unless indicated otherwise are in Indian Rupees (INR).

    Geist Enterprises reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or debit card or bank transfer or otherwise. In the event the payment has been processed by Geist Enterprises the refund amount shall be credited to your credit / debit card account or bank account and duly notified to you by email or sent by cheque.

    Except where noted otherwise, the Selling Price/HS18 price/MRP/MOP/List Price displayed for products on the website represents the full retail price listed on the product itself, suggested /offered by the manufacturer or supplier or one of our merchants/affiliates, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.

    The Selling Price/HS18 price/MRP/MOP/List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

    For certain items that are offered as a set/pack/combo/arrangement, the Selling Price/List Price/HS18 price may represent “open-stock” prices, which mean the aggregate of the manufacturers’ estimated or suggested retail price for each of the items included in the set/pack/combo/arrangement.

    You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any items or services being offered on the website.


    Material Submitted by Users: Reviews, Comments, Communications, and other Content
    Certain elements of the site will contain material submitted by users. Geist Enterprises accepts no responsibility for the content, accuracy, conformity to applicable laws of such material.

    Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

    You may not use a false e-mail address, impersonate any person or entity or other content. Geist Enterprises reserves the right (but not the obligation) to remove or edit such content.

    If you do post content or submit material, and unless we indicate otherwise, you grant Geist Enterprises and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Geist Enterprises and its affiliates the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Geist Enterprises or its affiliates for all claims resulting from content you supply. Geist Enterprises has the right but not the obligation to monitor and edit or remove any activity or content. Geist Enterprises takes no responsibility and assumes no liability for any content posted by you or any third party.

    Advertising Material
    Part of the site may, currently or in future, contain advertising/other material submitted to Geist Enterprises by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable International and National law is exclusively on the advertisers and Geist Enterprises will not be responsible for any claim, error, omission or inaccuracy in advertising material.

    Geist Enterprises does not endorse in anyway any advertisers/ contents of advertisers on its website or other communication. Geist Enterprises reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.

    Suspension due to Non-Compliance with Agreement
    Notwithstanding other legal remedies that may be available to Geist Enterprises, Geist Enterprises may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the site if:

    • The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of the website
    • The user has provided wrong, inaccurate, incomplete or incorrect information
    • Your actions may cause any harm, damage or loss to the other Users of the website
    • Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress

    Data Protection
    Grooveindia.com may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy policy here www.grooveindia.com/privacy-policy.php

    Force Majeure
    Grooveindia.com shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.

    Entire Agreement
    These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement.

    You shall comply with all applicable Indian Laws, Rules and regulations, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Customs Duty, Local Levies) regarding your use of our services.

    If any dispute arises between you and Geist Enterprises during you use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who would conduct the arbitration proceeding in the English language and who shall be an independent and neutral third party identified by Geist Enterprises. The place of arbitration shall be Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.

    You shall indemnify and hold harmless the website, it's owners, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney fees, made by any third party or penalty imposed due to or arising out of your breach of the Terms and Conditions, or documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.

    This document is an electronic record as defined in the IT Act 2000, and the amended provisions pertaining to electronic records in various statutes as amended by the said act. This computer generated electronic record does not require any physical or digital signature.



    Grooveindia.com,
    Geist Enterprises,  A-2/61, Sector-3,Rohini, Delhi – 110085

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