Terms & Conditions for Content
CapriCoast.com provides its services to you subject to the notices, terms, and conditions set forth in these terms of Service (the "Terms"). In addition, when you use any CapriCoast.com service (e.g., Customer Reviews, CapriCoast Credits or Guest Curation), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, as they are incorporated into these Terms by reference. CapriCoast.com reserves the right to change the Sites (defined below) and these Terms at any time. CapriCoast.com retains the right to deny access to anyone at any time if CapriCoast.com has reason to believe that a person has violated any of these Terms. If you are under 18, you may use CapriCoast.com only with involvement of a parent or guardian.
Accessing, browsing or otherwise using the site indicates your agreement to all terms. So please read the terms carefully before proceeding.
Content Posted on Site
Rules of Conduct on Site:
1. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
2. CapriCoast.com may review, edit, reject, refuse to post and/or delete any Content. CapriCoast.com may also review, edit, reject, refuse to post and/or delete Content that violates the Terms or which might be offensive, illegal or that might violate the rights, or harm or threaten the safety of another person.
3. Any information provided by you shall not be misleading in any way.
4. You may not post or transmit Content, (even if made in a joking, sarcastic or unintended manner), if it in any way:
a. is offensive; such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
b. harasses or advocates harassment of another person;
c. involves transmission of "junk mail," "chain letters", or unsolicited mass mailing or "spamming";
d. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
e. infringes upon or violates any third party's rights [including but not limited to, intellectual property rights, rights of privacy (including without limitation, unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
f. promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
g. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
h. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
i. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
j. contains videos, photographs, or images of another person of (a) age 18 or older without his or her express written consent and permission, or (b) those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
k. tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
l. engages in commercial activities and/or sales without CapriCoast's prior written consent; such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout these terms, CapriCoast.com's "prior written consent" means a communication coming from CapriCoast.com's legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
m. solicits gambling or engages in any gambling activity which CapriCoast.com, in its sole discretion, believes is or could be construed as being illegal;
n. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
o. interferes with another user's use and enjoyment of the Sites or any other individual's use and enjoyment of similar services; or
You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses and/or other information of registered members by electronic or other means for any purpose including sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.
You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services, including, but not limited to, products or services related to the Sites. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Sites. It is also a violation of these Terms to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Sites without their prior explicit consent. In order to protect our users from such advertising or solicitation, CapriCoast.com reserves the right to restrict the number of messages or emails which a user may send to other users in any defined period to a number which CapriCoast.com deems appropriate in its sole discretion.
You understand that CapriCoast.com has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
CapriCoast.com reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Sites. CapriCoast.com shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms or is otherwise inappropriate. Notwithstanding this right of CapriCoast.com, you remain solely responsible for the content of the materials you post in the public areas of the sites and in your private messages. Please be advised that Content posted in public areas of the Sites does not necessarily reflect the views of CapriCoast.com. In no event shall CapriCoast.com assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Sites. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. CapriCoast.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
CapriCoast.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
CapriCoast.com does not take responsibility or liability or warrant, including but not limited to, the actions, products, content and services on the Sites, which are linked through, including but not limited to, affiliates and sites using Sites' APIs. In addition, CapriCoast.com provides links to the sites of affiliated companies and certain other businesses for which, CapriCoast.com is not responsible for examining or evaluating the products and services offered by them, and does not warrant the offerings of any of these businesses or individuals or the content of their website.
The Sites may contain links to other web sites or you may be linked through other web sites ("Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. CapriCoast.com is not responsible for the content of the Linked Sites, whether or not CapriCoast.com is affiliated with sponsors of the Linked Sites. We do not in any way endorse the Linked Sites.
We welcome links to the Sites. You may establish a hypertext link to the Sites, provided that the link does not state or imply any sponsorship or endorsement of your site by CapriCoast.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the CapriCoast.com site, including any logos or characters, without the express written consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another web site or present in conjunction with or juxtaposed against such a website any of the content or other materials on the CapriCoast.com site without our prior written consent.
Disclaimer of Warranties and Liability
The Sites, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through the Sites are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, CapriCoast.com does not warrant that:
- the Sites or any of them will be constantly available, or available at all; or
- the information on the Sites is complete, true, accurate or non-misleading.
CapriCoast.com will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, this website.
CapriCoast.com does not warrant that the Sites; information, content, materials, product (including software) or services included on or otherwise made available to you through the Sites; their servers; or electronic communication sent from CapriCoast.com are free of viruses or other harmful components.
Nothing on the Sites constitutes, or is meant to constitute, advice of any kind.
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. If such laws apply to you, the limit of liability shall be the maximum permissible limit under such applicable law.
All the products sold on CapriCoast.com are governed by different state laws and if CapriCoast.com is unable to deliver such products due to implications of different state laws, CapriCoast.com will return or will give credit for the amount received by CapriCoast.com from the sale of such product that could not be delivered to you.
In no event will CapriCoast.com be liable for any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of Credits or association with the Credits.
Trademark, Copyright and Restriction
Except as otherwise explicitly stated, the Sites are controlled and operated by CapriCoast.com. All material on the Sites, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on the Sites owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly, and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in cash or otherwise, is a commercial use for the purposes of this clause.
You agree that any use on the sites is at your own risk and CapriCoast.com is not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Products sold on CapriCoast.com are not for people below age 18, however any products available for children below age 18, can be bought by adults.
We at CapriCoast.com respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us [email protected]
Risk of loss
All items purchased on the Sites are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery by the carrier.
CapriCoast.com tries to be as accurate as possible. However, CapriCoast.com does not warrant that product description or other content on this site is accurate, complete, reliable, current, or error-free. If a product offered by CapriCoast.com itself is not as described, your sole remedy is to return it in unused condition.
Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers' prices of the product may vary. CapriCoast.com will try to be accurate, however, if you come across any difference in pricing on the Sites pre and post orders, we request you to contact us within 72 (Seventy Two) hours of placing your order. CapriCoast.com shall then refund the difference amount within 10-15 business days of intimation. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by Cheque. If CapriCoast.com comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order. If you have paid a lower amount, CapriCoast.com may request you to pay the difference.
Limitation of Liability
In no event shall CapriCoast.com be liable for any special, incidental, indirect or consequential damages of any kind in connection with this agreement, even if CapriCoast.com has been informed in advance of the possibility of such damages.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to [email protected]
The Terms apply to all Sites with suitable modifications as required and to the extent applicable.
1. CapriCoast.com may modify the terms herein contained at any time. Such modifications shall be communicated by email and shall be binding on you.
2. All disputes relating to these terms and any supplies made by CapriCoast.com to you shall be governed by the laws of India without reference to its conflict of laws principles and is subject to the exclusive jurisdiction of the courts in the Bangalore Urban District.
3. CapriCoast.com's opinion on all issues pertaining to the interpretation of these Terms shall be final and binding on you.
4. CapriCoast.com is subject to existing laws and legal process and nothing contained in these Terms is in derogation of CapriCoast.com's right and obligation to comply with the Law or governmental, court and requests of enforcement agencies.
5. If any part of these terms are held to be invalid or unenforceable including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid and enforceable, and the remainder of these terms shall continue in effect.
6. You may not assign any rights or obligations against CapriCoast.com without CapriCoast.com's prior written consent. CapriCoast.com reserves the right to transfer any right or obligation against you upon notice to you. Upon such assignment, the assignee shall be bound by the Terms in the same manner as CapriCoast.com and CapriCoast.com shall cease to have any liability to you.
7. CapriCoast.com shall not be responsible for any delay or deficiency due to any force majeure events such natural disasters, acts of terrorism, civil labour strife, labour and transportation strikes.
Cancellation and Refund
Once confirmed with payment, orders cannot be cancelled or refunded, Defective parts will be replaced for the duration of the warranty period.