Terms & Conditions
Trademarks: The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of Clixicle. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of Clixicle.
External links: External links may be provided for your convenience, but they are beyond the control of Clixicle and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
Warranties: Clixicle makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.
Product Availability: Clixicle may not own some or all of the products listed on the Website. In such cases, Clixicle orders the products listed on the Website from third party traders and merchants after the confirmation of the order by the Member and delivers the same to the Member. In such a scenario, there is a possibility that the item ordered by the Member might not be available at that point of time. In such a scenario, Clixicle will suggest an alternative product to the Member. In case the Member chooses the new product, Clixicle shall confirm the new order. If the cost of the new selection is more expensive than the previous one, the Member shall have to pay the differential amount. If the cost of the new selection is less expensive than the previous one, Clixicle shall refund the excess amount to the Member in the manner specified below in this Terms & Conditions. In case the Member does not choose the new product, Clixicle shall refund the order amount to the Member in the manner specified below in the Terms & Conditions.
Prices: Our pricing is calculated to give you the best possible value. These prices do change from time to time, owing to the fluctuations in prices of source products, so our prices change as well. Prices are subject to change without notice. Please expect to be charged the price for the merchandise you buy as it is listed on the day of purchase.
Uploads: As a User/Member/Customer of Clixicle, you are responsible for all items uploaded by you. You may not submit items that are abusive, copyrighted without appropriate permission from the owner of such material, material containing pornographic or obscene materials or any material that is harmful to anyone, illegal under any applicable law or provides a link to information that is harmful or illegal under any applicable law. Clixicle reserves the right to decline acceptance of your order if your uploads violate any of the above conditions. Clixicle reserves the absolute right to modify any images submitted by you to the Site, as a part of the upload and product creation process. Clixicle hereby specifically acknowledges that it shall claim no ownership rights over any images you upload to the Site.
Disclaimer of liability: Clixicle shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither Clixicle nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
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.
Conflict of terms: If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Severability: Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Applicable laws (choice of venue and forum): Use of this website shall in all respects be governed by the laws of the state of Karnataka, India, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the courts located in Karnataka, India shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
Use of the Website: By accessing the website, you warrant and represent to Clixicle that you are legally entitled to do so and to make use of information made available via the website. By using this website you represent and warrant that:
- All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
- Your personal and non-commercial use of this Website shall be subjected to the following restriction
- You may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product;
- You may not decompile, reverse engineer, or disassemble the content,
Remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content
- You will not use the Website and / or Services in any way that is unlawful, or harms Clixicle or any other person or entity, as determined by Clixicle’s sole discretion.
- You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and / or Services
- You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
- You will not delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
- All information, content and material contained in the Website and / or Services are Clixicle's copyrighted property. All trademarks, services marks, trade names, are proprietary to Clixicle. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Clixicle's express written permission
You expressly understand and agree that:
- The information, content and materials on this website and / or services are provided on an "as is" and "as available" basis. Clixicle and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.
- Clixicle makes all reasonable efforts to display the products listed for sale on its web site(s) as accurately as possible. However, Clixicle cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. Clixicle does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While Clixicle makes every effort to ensure that the products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Clixicle reserves the right to refuse the sale of that item.
- Clixicle does not warrant that the functions contained in content, information and materials on the website and / or services, including, without limitation any third party sites or services linked to the website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the website or the servers that make such content, information and materials available are free of viruses or other harmful components.
- Any material downloaded or otherwise obtained through the website and / or services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
- You hereby indemnify, defend, and hold Clixicle, Clixicle's distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the website.
- You expressly understand that under no circumstances, including, but not limited to, negligence, shall the company be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to:
- The use or the inability to use the website and / or services
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website and / or services
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the website and / or services; or
- Any other matter relating to the website and / or services.
- Clixicle or any of the foregoing entities' respective resellers, distributors, service providers and suppliers be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the company's reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the company or any of the foregoing entities' respective resellers, distributors, service providers and suppliers You further acknowledge and agree that neither the company nor any of the foregoing entities' respective resellers, distributors, service providers and suppliers are responsible or liable for
- Any incompatibility between the website and / or services and any other website, service, software or hardware
- Any delays or failures you may experience with any transmissions or transactions relating to the website in an accurate or timely manner.
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you