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TERMS AND CONDITIONS OF USE OF WEBSITE AND PRIVACY POLICY

This use of the underaman.com website and all the materials on this website are subject to the terms and conditions ("Terms and Conditions") of this Legal Webpage.

Please read these terms and conditions carefully before using the underaman.com website. By using this website, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of use contained on this legal webpage. These terms and conditions of use may be amended or changed by us at any time at our discretion. You agree that your continued use of this website after any such amendment or change shall constitute your agreement to any such changes.

The terms and conditions of use ("Terms of Use") of the Website (as defined below) between registered seller/s, underaman.com (hereinafter referred to as REGISTERED SELLER(S) or underaman.com) and the users/ registrants of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which registered seller/s / underaman.com offers You access to the Website and the Services (as defined below) through the Website. 

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

TERMS & CONDITIONS

The Services are not available to minors under the AGE OF EIGHTEEN (18) or to any Users, suspended or removed from the REGISTERED SELLER(S) or underaman.com for any reason whatsoever. If You do not confirm to the above qualification, You shall not be permitted to avail the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by REGISTERED SELLER(S) or underaman.com through Your legal guardian in accordance with the applicable laws. REGISTERED SELLER(S) or underaman.com reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without assigning any reasons for doing so. You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party. REGISTERED SELLER(S) or underaman.com makes the Services available to You through the Website only, if You have provided REGISTERED SELLER(S) or underaman.com certain required User information and created an user account ("Account") through underaman.com - ID and password or other log-in ID and password, which can include a Facebook, Gmail ID, or any other valid email ID (collectively, the "Account Information"). The Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify underaman.com of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. REGISTERED SELLER(S) or underaman.com cannot and will not be liable for any loss or damage. You may be held liable for losses incurred by REGISTERED SELLER(S) or underaman.com or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

The Website also allows restricted access to the Services for unregistered Users.

You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or REGISTERED SELLER(S) or underaman.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, REGISTERED SELLER(S) or underaman.com has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

Subject to compliance with the Terms of Use, underaman.com grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.

You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with the Terms Of Use.

You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by underaman.com. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. underaman.com disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed hereunder:- ‘In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to care@underaman.com.

If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

  • Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
  • Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
  • Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any underaman.com server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
  • Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of underaman.com, including any underaman.com Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
  • Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
  • Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
  • Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of underaman.com or other third parties;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • Violate any applicable laws or regulations for the time being in force within or outside India;
  • Violate the Terms of use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
  • Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

TERMS OF USE

Except as expressly indicated to the contrary in any applicable Additional Terms, underaman.com hereby grants You a non-exclusive, freely revocable (upon notice from underaman.com), non-transferable access to view the materials available on the Website, subject to the following conditions:

  • You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
  • You may not modify or alter product catalogues or any other materials available on the Website;
  • You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
  • You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.

The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. Any software that is available on the Website is the property of underaman.com or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of underaman.com. Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandise or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandise purchased is not transferrable to any third party for profit. You shall solely be responsible for maintaining the necessary computer equipment’s and Internet connections that may be required to access, use and transact on the Website. You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website. You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person. underaman.com 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 you/cardholder having exceeded the present limit mutually agreed by underaman.com with our acquiring bank from time to time. You agree that You are solely responsible to underaman.com and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which underaman.com or its affiliates or its vendors may suffer) for any such breach. You agree that underaman.com shall, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users. YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.

PRIVACY

REGISTERED SELLER(S) & underaman.com, Company is absolutely committed to safeguarding your privacy. We keep the information of our customers in the strictest of confidence. The specific circumstances in which we can use and disclose the information of our customers is reserved by the Company.

IP ADDRESSES AND COOKIES

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. We may also collect such information from your Facebook friends and other Facebook users who use the Service. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

Please note that our advertisers may also use cookies, over which we have no control.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

You expressly agree that use of this site is at your sole risk. neither REGISTERED SELLER(S) / underaman.com, its affiliates nor any of its or their respective employees, agents, third party content providers, licensors or business partners warrant that this site will be uninterrupted or error free; nor do they make any warranty as to the results that may obtain from use of this site, or as to the accuracy or liability of any information, service or merchandise provided through this site. This site is provided on an as-is basis without warranties of any kind, either express or implied, including but not limited to warranties of Title, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties that are implied by and incapable of exclusion, restriction or modification under applicable law. Additionally, there are no warranties as to the results obtained from the use of this site. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, 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 this site whether for breach of contract, tortious behaviour (including strict liability), negligence or under any other cause of action. You specifically acknowledge that REGISTERED SELLER(S) / underaman.com is not liable for the defamatory or offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. In no event will REGISTERED SELLER(S) / underaman.com, or any person or entity involved in creating, producing or distributing this site, or the content included herein, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of inability to use the site. You hereby acknowledge that the provisions of this section shall apply to all use of and content on this site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall REGISTERED SELLER(S) / underaman.com total liability to you for all damages, losses or causes of action, whether in contract tort including its own negligence or under any other legal theory including strict liability, exceed the amount paid by you, if any, for accessing this site

GENERAL

www.underaman.com ("Website") is an Internet based portal owned and operated by BarterSphere Trading Pvt. Ltd., a company incorporated under the laws of India, with its registered office at No. 4/1, Serpentine Road, Kumara Park West, Bangalore, KARNATAKA, India. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Registered Seller(s)/underaman.com at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.

underaman.com or REGISTERED SELLER(S) shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.underaman.com to view the most current Terms of Use. You can determine when underaman.com last modified the Terms of Use by referring to the "Last Updated" legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. underaman.com or REGISTERED SELLER(S) may require You to provide Your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website's Privacy Policy available at the homepage, www.underaman.com.

underaman.com agrees to deliver the merchandise ordered by you only at such locations as per the Order Confirmation Form. underaman.com shall not be liable to deliver any merchandise or Services purchased by Users for delivery in locations outside India and same shall not be entertained. The Products pertaining to M/s Decathlon Sports India, order shall be accepted subject to availability. In the event the underaman.com is unable to fulfil the order the amount so paid against the order shall be refunded within Seven (7) working days.

INTELLECTUAL PROPERTYRIGHTS

Everything on this website, including without limitation, all text, graphics, software, logos, icons and images, is the valuable intellectual property of REGISTERED SELLER(S) / underaman.com its subsidiary, associates and Partners.

SEVERABILITY

If any provision of these Terms and Conditions is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force

VIOLATION OF TERMS OF USE

You agree that underaman.com shall, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if underaman.com determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to underaman.com, for which monetary damages would be made adequate, and You consent to underaman.com obtaining any injunctive or equitable relief that underaman.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies underaman.com may have at law or in equity.

You agree that underaman.com may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.

If underaman.com does take any legal action against You as a result of Your violation of these Terms of Use, underaman.com will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to underaman.com.

THIRD PARTY CONTENT

The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from underaman.com. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. underaman.com does not provide any guarantee with respect to any the Third Party Content and underaman.com shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.

PRICING INFORMATION

While underaman.com / Registered Seller(s) strives to provide accurate product and pricing information, pricing or typographical errors may occur. underaman.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, underaman.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mispriced, underaman.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and underaman.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event of cancellation of order the same shall be debited to your account and duly notified to you by email that the payment has been processed. The payment may be processed prior to underaman.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your account subject to reshipping the product so delivered to you.

SHIPPING & DELIVERY POLICY FOR PRODUCTS

We ship only in India and for domestic (India) buyers, territorial limitations solely at the discretion of underaman.com, orders are shipped through registered domestic courier companies and /or speed post only. Orders are shipped within 07 working days or as per the delivery date agreed at the time of order confirmation and delivering of the shipment, subject to Courier Company / post office norms. Registered Seller(s) /underaman.com is not liable for any delay in delivery by the courier company / postal authorities and only guarantees to hand over the consignment to the courier company or postal authorities within 07 working days from the date of the order and payment or as per the delivery date agreed at the time of order confirmation. Delivery of all orders will be dispatched to the registered address of the buyer or address as provided by you at the time of placing of order. Registered Seller(s)/underaman.com is in no way responsible for any damage to the order while in transit or at the time of delivery to the buyer. The buyer shall provide complete shipping details including landmarks and all such necessary in formation for effective delivery of the product. The buyer shall track the movement of the product from the shipping partner’s website and shall make necessary arrangements for delivery of the product. Any lapse/negligence on the part of buyer shall be his responsibility for which neither the shipping partner/courier agency or underaman.com take responsibility.

Shipping Charges as indicated at the time of purchase is applicable on every order.
In India, some state Governments levies the Octroi charges when the product enters the state. The Octroi charge is payable by the recipient.

ORDER CANCELLATION

All order cancellations will be handled as per our Standard Cancellation Policy

CANCELLATION BY UNDERAMAN.COM:

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. Cash payment mode orders will be cancelled for non-receipt of cash within 48 hours from the time of placing the order.  The order placed at the time of purchase through our website is only an invitation to treat and does not form any or part of contract.

CANCELLATION BY CUSTOMER:

If you cancel your order before your product has shipped, we will refund the entire amount.  

If the cancellation is after your product has shipped, you can do one of the following:

  1. If your product has shipped but has not yet been delivered, contact Customer Support and inform them of the same.
  2. If you received the product, it will be eligible for replacement, only in cases where there are defects found with the product.

REPLACEMENT :

In order to get a defective item replaced, contact Customer Care, care@underaman.com within 24 hours from the time of delivery. The defective product or part of the product will be recalled and a replacement will be shipped immediately after screening of the defective product.

In the event of non-availability of defective product for replacement the Registered Seller(s) /underaman.com shall intimate the same to the user and process for refund entire Amount.

REFUND AND RETURN

We in the company maintain high standards of product evaluation and pre-delivery inspection by a dedicated team, Dispatch of defective product is impossible. However, in the event You receive a damaged / defective product or a product that does not comply with the specifications as per your original order, You are required to get in touch with the customer service team through the below mentioned channel:

E-mail us to schedule a Call at your convenience: care@underaman.com

Upon receiving Your complaint, underaman.com shall verify the authenticity and the nature of the complaint and if underaman.com is convinced that the complaint is genuine, underaman.com will inform the relevant Vendor of such complaint and request for a replacement. However, in the event of frivolous and baseless complaints regarding the quality and content of the products, underaman.com reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by underaman.com in this regard. You expressly acknowledge that the Vendor selling the defective product/ service will be solely responsible to You for any claims that You may have in relation to such defective product/ service and underaman.com shall not in any manner be held liable for the same.

Before accepting shipment of any product, kindly ensure that the product's packaging is not damaged or tampered. If You observe that the package is damaged or tampered, request You to refuse to accept delivery and inform underaman.com at the earliest. The return process of the product may be restricted by underaman.com depending on the nature and category of the product.

Keeping patronage in mind, in the event you want to return any product for replacement, such requests shall be at the discretion of underaman.com/REGISTERED SELLER(S). Since, the underaman.com/REGISTERED SELLER(S) are providing products/service at a competitive price the request for replacement of product shall be inclusive of shipping charges payable by You before dispatch

In order to return any products sold through the Website, You are required to comply with the below mentioned conditions, viz:

Please notify underaman.com of receipt of a damaged/ defective product/service within 24-hours of delivery to You. If You are unable to do so within 24-hours, underaman.com shall not be held liable for the failure to replace the order;

  1. Products should be unused;
  2. You will be required to dispatch the product using a reputed courier in Your respective area within a day from the receipt of product. Courier freight charges will be reimbursed in case of defective products only.
  3. Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;
  4. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
  5. The returned products are subject to verification and checks by underaman.com in order to determine the legitimacy of the complaint/ return.

In the event the return of a product is duly accepted by underaman.com, the value of such product, as originally paid by You during acceptance of delivery of product or otherwise, will be refunded to You. Refund will be processed based on the mode of payment and underaman.com or the approved payment gateway will credit Your refunds directly into Your debit/credit card or online accounts or provide You with a cheque in this regard. Refunds will be subject to the following:

  1. Orders paid online will be refunded within 7-21 working days through the online account or via cheque, depending on the then current circumstances as determined by underaman.com;
  2. For Cash on Delivery payments, You will be provided with a refund cheque.
  3. If the product can be repaired by the service centre maintained, operated by the REGISTERED SELLER(S), underaman.com would get the same repaired and send it back to You.

TERMINATION

REGISTERED SELLER(S) / underaman.com may, in its sole discretion, terminate or suspend your access to all or any part of this site including, but not limited to, any bulletin boards on this site, for any reason, including without limitation, breach of this agreement. If this agreement is terminated, the restrictions regarding materials appearing on this site and the representations and warranties, indemnities and limitations of liability set forth in this agreement shall survive any such termination

JURISDICTION

This website is controlled by underaman.com from its registered office located in Bangalore, KA, India. underaman.com does not represent or warrant that any materials on this site are appropriate or available for use in any other location. If you choose to access this site from another location, you do so at your own risk and are responsible for complying with any and all local laws.

These Terms and Conditions shall be governed by and construed in accordance with the prevailing laws in India. Any action related to matters on this website shall be brought in the appropriate courts of Bangalore. Governed by the local laws.

INDEMNIFICATION

Any notices required or permitted hereunder may be given in writing or by e-mail. Notices delivered personally shall be deemed given as of the date of actual receipt. Notices shall be addressed as follows:

Underaman.com

No. 4/1, Serpentine Road, kumara Park West,

Bangalore, KA, India 560020.

General Manager

Customer Support Wing

 

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