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T E R M S & C O N D I T I O N S
Welcome to the HAMARACD Web site provided by Saregama India Ltd.
The following terms and conditions and any other policies, rules,
or guidelines posted by HAMARACD on this site govern your use of
this site. IF YOU VISIT OR SHOP AT THIS SITE, YOU ACCEPT THESE TERMS
AND CONDITIONS. Please read these Terms and Conditions carefully before
using this site or purchasing any of the products or using any of the
services available on or through it. These Terms and Conditions may be
changed in the future without notice to you so please check back from
time to time. Your continued use of this site after such changes
constitutes your acceptance of the new Terms and Conditions.
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Your Use of this Site
HAMARACD 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 with express written consent
of HAMARACD. 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 without
express written consent of HAMARACD. 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 HAMARACD. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of HAMARACD
without express written consent. You may not use any meta tags or any
other "hidden text" utilizing HAMARACD's name or trademarks without the
express written consent of HAMARACD. Any unauthorized use terminates the
permission or license granted by HAMARACD. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page
of HAMARACD so long as the link does not portray HAMARACD or its products
or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any HAMARACD logo or other proprietary graphic or trademark as
part of the link without express written permission.
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Proprietary Rights
All content included on this Site, such as text, graphics, logos, button icons,
images, audio clips, data compilations, and software ("Content"), is the property
of HAMARACD or our suppliers, sponsors, licensors or affiliates (collectively,
"Business Partners"), and is protected by International copyright law, trademark
law, and trade secret law. We own a copyright in this Site as a collective work
and/or compilation, and in the selection, coordination and arrangement of the
Content. Except as expressly provided in these Terms and Conditions, neither
we nor our Business Partners grant any rights to you under any patents,
copyrights, trademarks or trade secret information. You understand that by
using the Site, you may be exposed to Content that is offensive, indecent or
objectionable to you. Under no circumstances will HAMARACD be liable in any way
for any Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use of
any Content made available via the Site. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content.
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Account Maintenance and Responsibility
If you wish to purchase any products or use the services on this Site, you must open
an account with us and/or provide the required information to us. By entering any
information on this Site, you represent and warrant that: (i) you are using your
actual identity; (ii) you have provided only true, accurate, current and complete
information; and (iii) you will maintain and promptly update the information that
you provide to keep it true, accurate, current and complete.
You are responsible for maintaining the confidentiality of your account and its
password, as well as for all activities that occur under your password or account.
HAMARACD cannot and will not be liable for any loss or damage arising from your
failure to comply with these obligations.
If you wish to cancel a username or password, or if you become aware of any loss,
theft or unauthorized use of a username or password, please notify us immediately.
We reserve the right to delete or change any username or password at any time and
without assigning any reason.
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Termination
You or we may suspend or terminate your account or your use of this Site at any time,
for any reason or for no reason at all. You are personally liable for any orders that
you place or charges that you incur prior to termination. We reserve the right to
change, suspend, or discontinue all or any aspects of this Site at any time without
prior notice.
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Product Orders
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT
TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or
service on this Site does not imply that the product or service is presently available
or that we endorse that product or service. In the event a product or service is
listed at an incorrect price due to a typographical error or error in pricing information
received from a supplier, we shall have the right to refuse or cancel any order placed
for such product or service at the incorrect price, even if the order has been confirmed
and/or your credit card has been charged. If your credit card has already been charged
for the purchase and your order is canceled, we shall promptly issue a credit to your
credit card account in the amount of the incorrect price.
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Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify our
acceptance of your order, nor does it constitute confirmation of our offer to sell. We
reserve the right at any time after receipt of your order to accept or decline your
order for any reason or for no reason at all. We reserve the right at any time after
receipt of your order, without prior notice to you, to supply less than the quantity
you ordered of any product or service.
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Restrictions
Not all products and services listed on this Site may be available for sale or delivery
in every area. All orders of products or services are subject to prevailing law, including,
as appropriate, export and import regulations and boycotting restrictions, if any, imposed
by governing bodies having jurisdiction over such orders, products or services.
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You agree not to use the Site to:
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upload, post, email, transmit or otherwise make available any User Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,religiously,
ethnically or otherwise objectionable;
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impersonate any person or entity, including, but not limited to, a HAMARACD
representative, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
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forge headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Site;
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upload, post, email, transmit or otherwise make available any Content that you do not
have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
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upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
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upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
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upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
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interfere with or disrupt the Site or servers or networks connected to the Site, or
disobey any requirements, procedures, policies or regulations of networks connected
to the Site;
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intentionally or unintentionally violate any applicable local, state, national or international law;
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collect or store personal data about other users.
You acknowledge that HAMARACD does not pre-screen User Content, but that HAMARACD and its
designees shall have the right (but not the obligation) in their sole discretion to refuse
or remove any User Content that is available via the Site. Without limiting the foregoing,
HAMARACD and its designees shall have the right to remove any User Content that violates
these Terms and Conditions or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any User Content, including any reliance on
the accuracy, completeness, or usefulness of such User Content.
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Submissions
We welcome feedback, suggestions and ideas about this Site and our services and how to
improve them. However, all User Content, feedback, suggestions, ideas, concepts, comments,
illustrations, Site postings and other materials that you disclose or offer to us on or in
connection with this Site ("Submissions") are submitted without any restrictions or
expectation of confidentiality. You agree that we shall exclusively own, and you hereby
assign to us without compensation or further obligation, all rights now known or hereafter
existing to the Submissions of every kind and nature throughout the universe. You further
agree that we shall be entitled to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation to you, including the right to
use, reproduce, publish, transmit, publicly perform or display, translate, create derivative
works from, or otherwise communicate to the public the Submissions on the Site or elsewhere.
You shall not assert any proprietary right or moral right of any kind with respect to any
Submissions.
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Advertisements
We, in our sole discretion, may post the advertisements or other materials of third parties
on this Site. Your correspondence or any other transaction with advertisers found on this
Site is solely between you and such advertisers. You agree that we shall not be responsible
for any loss or damage of any sort incurred as a result of any such dealings or as a result
of the presence of such advertisements on this Site. Moreover, we shall not be responsible
or liable for the statements or conduct of any such advertisers on this Site.
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Links
We make no claims or representations regarding the quality, content, nature or reliability
of sites accessible by hyperlink from this Site or sites linking to this Site, and we accept
no responsibility in connection therewith. Any linked sites are not under our control, and
we are not responsible for the content of any linked site or any link contained in a linked
site, or for any review, changes or updates to any such sites. Any linked sites are provided
to you only as a convenience. The inclusion of any link does not imply affiliation,
endorsement or adoption by us of the linked site or any information contained therein.
When leaving this Site, you should be aware that our terms and policies may no longer govern,
and, therefore, you should review the applicable terms, conditions and policies, including
privacy and data-gathering practices, of each linked site.
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Intellectual Property Infringement Complaints
It is HAMARACD's strict policy to respect the intellectual property rights of others.
If you believe that your intellectual property has been infringed upon, please provide
us with the following information:
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a description of the intellectual property that you claim has been infringed as well
as an explanation as to why you believe in good faith that the disputed use is not
authorized by the intellectual property owner, its agent, or the law;
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the location on the Site of the material that you claim is infringing;
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your address, telephone number, and email address;
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a statement signed by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the intellectual property owner or authorized
to act on the intellectual property owner's behalf.
Send to:
Saregama India Ltd
33, Jessore Road,
Dum Dum,
Kolkata-700028.
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DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE, AND ANY CONTENT
AVAILABLE ON THIS SITE, ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR
ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS; NOR DO WE OR THEY MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT
THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE OR
ANY CONTENT AVAILABLE ON THIS SITE. PRODUCT COMPARISONS DO NOT IMPLY THAT ALL PRODUCTS
COMPARED ARE AVAILABLE, OR IN THE CASE OF FUNCTIONAL EQUIVALENCY, THAT PERFORMANCE OR
OTHER CHARACTERISTICS ARE EXACTLY COMPARABLE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND EACH OF OUR BUSINESS PARTNERS
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT, WITH RESPECT TO THIS SITE OR ANY CONTENT AVAILABLE ON THIS SITE.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE
WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR
THROUGH THIS SITE.
WE DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL
WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE
WITH ANY CODES, OR MISAPPLICATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN
THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
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LIMITATIONS OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS
TO CEASE USING THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR
ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR
REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR
DISTRIBUTING THIS SITE OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY,
CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION
WITH THIS SITE OR ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER
UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH "ANY PURCHASE ON THIS SITE", YOU AGREE THAT YOUR SOLE REMEDY IS
"LIMITED TO REPLACEMENT OF THE PRODUCT". IT WOULD BE YOUR RESPONSIBILITY TO RETURN THE DEFECTIVE
PRODUCT FOR INVESTIGATION TO US AND TRANSPORT THE REPLACEMENT.
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Indemnification
You agree to indemnify and hold us harmless from any claim, action, demand, loss or damages
(including attorneys' fees) arising out of or related to your use of this Site, any
purchases you make on or through this Site, Content you post or transmit on this Site, any
violation of these Terms and Conditions by you, or any violation of any rights of any person
or entity by you.
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Choice of Law; Venue
Any dispute or difference between the parties hereto shall be settled by arbitration that
will be subject to / governed by The Arbitration & Conciliation Act, 1996 and all the
provisions of that Act so far as applicable or of any act of legislature for the time being
in force and passed any modification thereof or any substitution thereof shall apply to
every reference hereunder. The Arbitrator shall be appointed or nominated by Saregama.
The language of the arbitration shall be English and the venue of arbitration shall be
Kolkata. The Arbitrator shall have power to give interim directions and orders and also
publish interim awards and award interests and costs. The courts at Kolkata shall have
exclusive jurisdiction in respect of any matter concerning arbitration of disputes under
this agreement.
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Governing Law:
- These Terms & Conditions and/or the orders placed by the User on Saregama India Limited for goods/services and/or the use of services provided through www.hamaracd.com shall be governed by the laws of the Republic of India and no other nation. The User and the Bank agree to submit to the exclusive jurisdiction of the Courts located in Kolkata, India as regards any claims or matters arising under these terms & conditions.
- Saregama India Ltd., accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than the Republic of India.
- The mere fact that the www.hamaracd.com Service can be accessed through Internet by a User in a country other than India shall not bein terpreted to imply that the laws of the said country govern these terms and conditions and/or the operations in the www.hamaracd.com accounts of the User and/or the use of www.hamaracd.com
- The orders for any products/services placed on the site accessed through Internet by a User in a country shall be deemed to be placed at Kolkata, Republic of India for all purposes legal or otherwise.
- The shipping charges if charged extra or otherwise, shall be for the first attempt to deliver to the address as given by the customer during the placement of the order. If for any reason, it is returned undelivered, the company will not be held liable for delivering the consignment again. The customer would need to pay for the shipping charges (as applicable) for delivering the consignment again to address specified by the customer.
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Miscellaneous
These Terms and Conditions and any other policies, rules or guidelines posted by HAMARACD
on this Site and incorporated herein by reference constitute the sole agreement between
you and us relating to your use of this Site and the subject matter hereof, and no
representations, statements or inducements, oral or written, not contained in these Terms
and Conditions shall bind either of us. Any of these Terms and Conditions which are
determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the
extent of such invalidity or unenforceability in such jurisdiction, without rendering
invalid or unenforceable any of the remaining Terms and Conditions or affecting the
validity or enforceability of these Terms and Conditions in any other jurisdiction. No
waiver by us of any right under these Terms and Conditions will be deemed to be either a
waiver of any other right or provision or a waiver of that same right or provision at any
other time. You may not assign, transfer or delegate your rights or obligations hereunder,
in whole or in part, without our prior written consent. These Terms and Conditions shall
be binding upon and inure to the benefit of each of us and our respective successors and
permitted assigns.
Any action or claim against us must be brought within one year following the date on which
the claim first accrued or shall be deemed forever waived. We reserve all rights not
expressly granted herein.
A printed version of these Terms and Conditions and of any related notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to
these Terms and Conditions to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed form.
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Returns Policy:
All our shipping are done from our manufacturing facility in India and CDs are sent
in specially designed packaging to avoid any transit damages. Saregama shouldn't be held
liable for any damages to the CD cases etc. occurring at the courier's end. Also any complaints
regarding replacement due to manufacturing defects will be attended only after the receipt
of the original CD.
Please check the compatiability of your player for playing VCDs/DVDs. No returms on this count
will be accepted.
Any returns after 90 days from the date of purchase/invoicing (whichever may be earlier) for
any defects would not be accepted.
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Shipping and Delivery:
HAMARACD is always working to improve the quality and cost of shipping for both our Indian
and international customers. For this reason, shipping rates and policies are subject to
change without notice. The standard shipping time is 14 working days from the date of
payment clearance. Though it may get delayed due to unforeseen circumstances, which may
not be under our control. Saregama doen`t guarantee any fixed delivery times once it is
dispatched from our Premises.
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Pricing:
The price of each VCD/DVD excludes the shipping and handling charges, which depends
on the order size and the shipping location and will appear in your payment stage of the order
confirmation. Saregama India Ltd is not responsible for Credit Card Companies charging anything
extra for service charges etc. We would request you to check with your Credit Card company for
details regarding International transactions.
Also the VCD/DVD Price includes the sales tax and central excise and customs tax as per the Government
of India regulations. Saregama India Ltd. will not be responsible for any local taxes/duties
levied by the country of your residence for our shipments.
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Contact Information
If you have any questions regarding this Site
or any requests for additional information concerning HAMARACD,
please send us an email at
hamaracd.support@saregama.com.
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