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Terms of Use

Welcome to www.itverdict.com and its affiliates (collectively, “ITVerdict”) make this website available to you subject to the following terms of use (the “Terms”).  Please read them carefully.  Do not use this website if you do not accept these Terms.  If you access or purchase a product or service from this website, you affirmatively accept these Terms.  ITVerdict reserves the right to change these Terms from time to time.  You are responsible for regularly reviewing these Terms.  Your continued use of this website after any modification of these Terms constitutes your affirmative acceptance of the modified Terms.

ACCESS AND USE OF WEBSITE BY CHILDREN

ITVerdict does sell product or services for children 13 and older, but it sells them to adults, who can purchase with a credit card.  If you are under 18, you may use this website only with the involvement of a parent or guardian.  ITVerdict reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.

PRIVACY

Please review our privacy policy at www.ITVerdict.com/privacy, which also governs your visit to this website, to understand our practices concerning the collection, use and disclosure of information about you.

ELECTRONIC COMMUNICATIONS

When you visit this website or send e-mail to us, you are communicating with us electronically.  Your visit to this website or communication with us via e-mail will be deemed to be your consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on this website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

When you sign up for our SMS text alerts, you agree that we may communicate with you through SMS text until you terminate your subscription.  We do not charge you to participate in our SMS text alert program, but your carrier’s standard SMS text messaging charges will apply.

INTELLECTUAL PROPERTY RIGHTS

All content included on this website, such as the user interface, the compilation of the content and arrangement of the website, and all text, graphics, pictures, sound, video, data, applications and other content (collectively, “Content”), is the property of ITVerdict or its content suppliers and protected by intellectual property laws and by international treaties.  Reproduction or redistribution of Content except as expressly permitted by these Terms is prohibited and may result in civil and criminal penalties.  Violators will be prosecuted to the fullest extent permissible under applicable law.

ITVerdict, the ITVerdict logo and associated trade dress are trademarks of ITVerdict.  ITVerdict’s trademarks and trade dress may not be used without the prior written permission of ITVerdict.  All other brand names, product names, service marks, logos or trademarks appearing on this website are the property of their respective owners, and may not be used without the owner’s prior written consent.

ITVerdict grants you a personal and limited license to access and make personal use of this website.  You may not download (other than page caching) or modify it, or any portion of it, except with express written consent of ITVerdict.  This license does not include the right to resell or make any commercial use of this website or any content; collect or use of any product listings, descriptions, or prices; make any derivative work from this website or content; download or copy account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  Neither this website nor any portion of this website may be copied, sold, resold or otherwise exploited for any commercial purpose without express written consent of ITVerdict.  You may not link, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this website without ITVerdict’s prior written consent.  You may not use any Meta tags or any other “hidden text” utilizing ITVerdict’s name or trademarks without the prior written consent of ITVerdict.  Your unauthorized use of this website will immediately terminate the license granted by ITVerdict.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and submit suggestions, ideas, comments, questions, or other information (a “Submission”), so long as the Submission is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of 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 otherwise mislead as to the origin of a Submission.

If you do post or submit a Submission, and unless we indicate otherwise, you grant ITVerdict 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 the Submission throughout the world in any media. You grant ITVerdict and its sub licensees the right to use the name that you submit in connection with the Submission.  You represent and warrant that you own or otherwise control all of the rights to any Submission that you post; that the Submission is accurate; that use of your Submission does not violate these Terms and will not cause injury to any person or entity.  You waive any claim against ITVerdict, and must indemnify and defend ITVerdict against all claims resulting from any Submission you supply.  ITVerdict has the right but not the obligation to monitor and edit or remove any Submission or activity.  ITVerdict.com takes no responsibility and assumes no liability for any Submission posted by you or any third party.

COPYRIGHT COMPLAINTS

ITVerdict respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately by telecopy at (+91) 484-2480017/ Email: info@itverdict.com or by internationally recognized overnight courier.  All communications should be directed to the attention of the Vice President – Business Operations at Carol Ville, Palliport PO, Ernakulam Dist, Kerala, India – 683515.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ITVerdict Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site, with enough detail for us to be able to locate it on the website, preferably including a specific URL;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

All reported complaints are immediately investigated for Terms of Use violations. ITVerdict will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or author is a repeat infringer, please follow the instructions above to contact ITVerdict and provide information sufficient for us to verify that the account holder or author is a repeat infringer.

Once you’ve submitted your complaint, we’ll email you a email confirmation. Our Support team will be in touch with you within 24 hours.

PRODUCT/SERVICE DESCRIPTIONS

ITVerdict attempts to be as accurate as possible.  However, ITVerdict does not warrant that product/service descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If a product/service offered by ITVerdict is not as described, your sole remedy is to return it to ITVerdict in an unused condition for a refund of the purchase price.

OTHER BUSINESSES

Parties other than ITVerdict operate stores, provide services, or sell products on this website.  We are not responsible for examining or evaluating their products, services or advertising.  We do not warrant the offerings of, any of these third parties or their products, services, the content of their websites or advertising, nor do we assume any responsibility or liability for their actions, products or services.  You should carefully review their privacy statements and other conditions of use before purchasing products or services, or visiting the websites of such third parties.

NO WARRANTIES

THIS WEBSITE IS PROVIDED BY ITVERDICT ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  ITVERDICT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT OR PRODUCTS INCLUDED ON THIS WEBSITE.  ITVERDICT DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM ITVERDICT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

DISCLAIMER OF IMPLIED WARRANTIES

ITVERDICT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

ITVERDICT WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER STATUTORY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) EXCEED US$50.00.  THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NO ACTION MAY BE BROUGHT FOR ANY BREACH OF THESE TERMS OR RELATING TO THIS WEBSITE OR ANY PRODUCT OR SERVICE MORE THAN ONE YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.

APPLICABLE LAW

By visiting this website, you agree that the laws India, without regard to principles of conflict of laws, will exclusively govern the construction of these Terms and any dispute of any sort that might arise between you and ITVerdict.  These Terms will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

INDEMNIFICATION

You release, and will defend and indemnify us and our officers, directors, employees, agents, successors and assigns, from and against all claims or causes of actions, and any liabilities, obligations, judgments, fines, costs and expenses (including reasonable attorneys’ and expert witnesses’ fees and costs) incurred by an indemnified party due to such claim or cause of action arising out of (i) any breach of these Terms by you (ii) your use of this website or (iii) the use by any other persons accessing this website using your account.  You further agree to pay our reasonable attorneys’ and expert witnesses’ fees and costs arising from any actions or claims by third parties and those incurred in establishing whether this section applies.

DISPUTES

ARBITRATION

PLEASE READ THIS PROVISION CAREFULLY.  IT MEANS THAT YOU AND WE WILL ARBITRATE OUR DISPUTES.  Any dispute relating in any way to your visit to this website or to products you purchase through this website will be submitted to final, binding arbitration.  Arbitration under these Terms will be conducted under the rules then prevailing of the Indian Council of Arbitration (ICA).  The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER

WHETHER IN COURT OR ARBITRATION YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.  IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THIS SECTION WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION.

JURY TRIAL WAIVER

WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT (AS PROVIDED IN THIS SECTION), YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.

MISCELLANEOUS

These Terms, together with ITVerdict’s privacy policy and any other policy posted at this website are the entire agreement between ITVerdict and you relating to this website or any purchase of a product from this website and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the product.  Rights and obligations under these Terms which by their nature should survive will remain in full effect after any termination or expiration of the Terms.  If any part of these Terms is found invalid or unenforceable by a court of competent jurisdiction, such finding will not affect the balance of these Terms, which will remain valid and enforceable.  You agree to comply with all applicable export regulations with regard to any product purchased by you.  Any notice under these Terms must be delivered by internationally recognized overnight courier to the attention of the Vice President – Business Operations at Carol Ville, Palliport PO, Ernakulam Dist, Kerala, India – 683515.