Terms & Conditions
For the purpose of these Terms, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing registration data while registering on the Website as Registered User using the computer systems or any other similar or internet enabled devices. Company allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean Company i.e. Ultra Media & Entertainment Private Limited.
The domain name www.ultragiftbox.com(hereinafter referred to as "Website") is owned by Ultra Media & Entertainment Private Limited, a company registered and incorporated under the (Indian) Companies Act, 1956 with its Registered Office at Mumbai.
Eligibility to use
Use of the Website is available only to persons who can enter into legally binding contracts under Indian Contract Act, 1872 as amended from time to time. The services on the Website is not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Company system for any reason, whatsoever. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website.
Company 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 with or without according any reasons for doing so. You shall not have more than one active Account (defined here under) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to any another person or entity.
User Account, Password and Security
You may access and use the Website and the services either as a registered user or as a guest user. However, guest users may not have access to all sections of the Website and services. 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 use the Website, You shall be responsible for maintaining the confidentiality of your user name and password and You shall be responsible for all activities that occur under your user name and password. Please ensure that the details You provide to us are correct and complete and You shall inform us immediately of any changes to the information that You have provided while registering. Company reserves the right to refuse access to the Website, terminate accounts, remove or edit content at any time, at its sole discretion,with or without notice to You.
The Website is an electronic platform which offers You an online purchasing service which allows You to purchase a selection of the CDs/DVDs/Blu-Ray/toys/items available on the Website and to make payments to the Company for purchase of the products and such other services as are incidental and ancillary thereto. The services are offered to the Users through various modes which may include issue of coupons and vouchers etc. that can be redeemed for various products.
When You use the Website or send/share emails or other data, information or communication with/to Company, You agree and understand that You are communicating with Company through electronic records and You consent to receive communications via electronic records/information from Company periodically and as and when required. Company will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number or other details provided by You which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
Payment and Returns1. While availing any of the payment methods available on the Website, Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- i. Lack of authorization for any transaction/s; or
- ii. Exceeding the preset limit mutually agreed by You and between "Bank/s"; or
- iii. Any payment issues arising out of the transaction; or
- iv. Decline of transaction for any other reason/s.
- 2. All payments made against the purchases/services on Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.Before shipping / delivering your order to You, seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by You for your purchase. This is required in the interest of providing a safe online shopping environment to the Users.
- 5. You understand, accept and agree that the payment facility provided by Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit/debit/prepaid card payment gateway networks. Further, by providing payment facility, Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price/amount.
- 6. Company reserves its right to impose limits on the number of transactions or transaction amount which Company may receive from an individual valid credit/debit/ cash card / valid bank account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.
- 7. Company reserves its right to refuse to process any transaction by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with Company or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
- 8. Company may delay notifying the payment confirmation i.e. informing the seller to dispatch, if Company deems suspicious or for buyers conducting high transaction volumes to ensure safety of the transaction and transaction amount. In addition, Company may hold transaction amount and may not inform seller to dispatch or remit transaction amount to law enforcement officials (instead of refunding the same to buyer) at the request of law enforcement officials or in the event the buyer is engaged in any form of illegal activity.
- 9. The buyer and seller acknowledges that Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction amount or any delay in processing a transaction/transaction amount which is beyond the control of Company.
Buyer's arrangement with issuing bank:
For making payments for buying the films/toys/products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing authority/association may also be applicable to You. Your bank, financial institution or card issuing authority/association may decline or prevent You from making electronic payments for buying the products on the Website; and Company does not control the same and shall not be liable for the same, in any case, whatsoever.
Payment facility for Your orders
Company may, from time to time, contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
Compliance with Laws:
You/Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and the Website.
Company accepts return as per the following policy
- 1. Only defective/damaged products will be accepted for returns/refunds.
- 2. User need to raise an alert with us within 07(seven) days from the date of delivery for being eligible for the return.
- 3. Only those products will be eligible for return policies which are received by us within 15 days of the date of delivery.
- 4. Company retains the right to examine whether the product returned is defective/damaged and based on the verification Company will either reship/replace the product to the User.
- 5. In case product is defective or damaged, then the Company team will replace and reship the product to the same shipping address of the User, subject to the availability of the stock of the product.
- 6. In case the returned product is not defective/damaged, then the User will be informed about the same and the same product will be reshipped to the shipping address of the order.
- 7. User will have to bear the shipment charges for the replaced/reshipped product.
- 8. If the product is unavailable in stock, then a request for the refund will be initiated and the same shall be informed to the User through registered email.
- 1. If the delivery fails within the specified deadline, the order will be cancelled and the amount will be refunded to the User.
- 2. If the User places the order and due to some reason (unexpected lack of inventory or any other reason) the Company is not able to ship the product, the order will be cancelled and the amount will be refunded to the User.
- 3. If the Company reports order as shipped and delivered from their side and the User does not raise an alert within 02 (two) days, the transaction amount would be deemed successful.
- 1. Only those products which are returned from the customers as per the acceptable return policy and for which the replacement is not possible, will be eligible for refund.
- 2. 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, Company may, at its discretion, either contact the customer for instructions or cancel the order and notify customer of such cancellation. In such cases Company will refund the charged amount to the customer (only for which the payment has already been received).
- 1. In case the payment mode of the refunded order is Online (credit card/net banking) the amount will be refunded to the customer’s card account from which amount was paid.
- 2. Refund will be done within 15 working days from the date of request of refund.
- 3. For online refund the transaction might take 3-5 working days to reflect into your account.
- 1. In case the payment mode of the refunded order is offline (COD/cheque/DD/any other offline payment mode) the refund will be through cheque.
- 2. Refund will be done within 02 working days from the date of request of refund.
- 3. Refund cheque will be sent to the billing address of the refunded order.
- 3. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about the Company or the brand name or domain name used by the Company, or otherwise engage in any conduct or action that might tarnish the image or reputation of Company or sellers on platform or otherwise tarnish or dilute any Company's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by the Company. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company's systems or networks, or any systems or networks connected to Company.
- 4. You agree not to use any device, software or routine 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.
- 6. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable local laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of the Webiste/ service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- 8. From time to time, You shall be solely responsible for providing information relating to the products or services proposed to be sold/purchased by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not, as a seller, exaggerate or over emphasize the attributes of such products or services so as to mislead Users in any manner.
- 10. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between You and such advertiser. Company shall not be responsible or liable for any kind of 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 Website.
- 11. Other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and You may be involuntarily exposed to such offensive and obscene materials. It may also be possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. Company does not approve of such unauthorized uses, but by using the Website, You acknowledge and agree that the Company shall not be responsible for the use of any personal information that You publicly disclose or share with others on the Website. Company cautions You regarding the type of information that You publicly disclose or share with others on the Website.
- · In any way that breaches any applicable local, national or international law or regulation;
- · In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- · · For the purpose of harming or attempting to harm any other person including minors in any way;
- · To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
- · To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- 1. The Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through the Website 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, Company does not warrant that:
- · This Website will be constantly available, or available at all;
- · The information on this Website is complete, true, accurate or non-misleading;
- · The Website or the services will meet Your requirements or Your use of the Website or the services will be uninterrupted, timely, secure or error-free;
- · The results that may be obtained from the use of the Website or services will be effective, accurate or reliable;
- · The quality of the Website or services will meet your expectations;
- 2. Company shall not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. Company does not warrant that the Website; information, Content, Website Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication are free of viruses or other harmful components.
- 3. Nothing available on Website constitutes, or is meant to constitute, advice of any kind or any nature whatsoever. All the products available/sold on Website are governed by different state laws and if seller is unable to deliver such products due to implications of different state laws, seller shall return or shall give credit for the amount (if any) received in advance by seller from the sale of such product that could not be delivered to You
- 4. You will be required to enter a valid phone number while placing any order on the Website. By registering Your phone number, You consent to be contacted via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. Company will not use Your personal information to initiate any promotional phone calls or SMS, unless consent is obtained thereto.
- 5. You expressly understand and agree that, to the maximum extent permitted by applicable law,Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your account or account information in connection with the Website or any services, with or without Your knowledge. Company has endeavored to ensure that all the information on the Website is correct, but neither warrants nor makes any representation regarding the quality, accuracy or completeness of any data, information, product or service available on the Website.
- 6. Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Company's control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and User will be solely responsible for any damage to their computer systems/devices or loss of data that results from the download of such material or data. Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties.
- 7. THE COMPANY NETWORK IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE COMPANY NETWORK COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
- 1.INTERNATIONAL USE: Ultra Media & Entertainment Private Limited is a company based in India. By availing the Website/services of Company, You hereby acknowledge that Company is not responsible or liable in any manner to comply with any local laws of Your territory except India with respect to provision of the Website/services. Further, You hereby agree that by usage of Website, You undertake the responsibility and liability with respect to availing the services of Company in Your territory.
- 2. CONFIDENTIALITY: You agree that the Website, services, including, but not limited to, the object code components, provided to You is "Confidential Information" of Company. You shall retain all Confidential Information in strict confidence at least with the same amount of diligence that You exercise in preserving the secrecy of Your most-valuable information, but in no event less than reasonable diligence.
- 6. Assignment:You cannot assign or otherwise transfer the Agreements, or any rights granted here under or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void abinitio. Company's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Company to any third parties without the requirement of seeking Your prior consent. Company may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Company shall have right to transfer Your Account and Account Information to a third party who purchases Company's business as conducted under the Website.
For Online Refund
For Offline Refund
Use of Website/ User’s obligations:
The Website, processes, their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music, artwork and computer code on the Website (collectively, the "Website Content") is owned and controlled by Company and/or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Website Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. No rights, impliedly or expressly, are granted to You in respect of such Website Content, by mere Your use of the Website. Company reserves the right to change or modify the Website Content from time to time at its sole discretion.
The trademarks, logos and service marks displayed on the Website ("Marks") are the sole property of Company. You shall not use the Marks without the prior written consent of Company.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights to and into the trademark "Ultra", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Website Content through any medium without obtaining the necessary written authorization from the Company or thirty party owner of such Website Content.
The Website is controlled and operated by Company and products are also sold by the Company. All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website 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 email 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 Company, modification of the materials, use of the materials on any other website 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 money or otherwise, shall be commercial use for the purposes of this clause.
IPR infringement complaint
Company protects the intellectual property of the others. In case You feel that Your intellectual property has been infringed, You can write at firstname.lastname@example.org
Third Party Content
General third party information such as product catalogues, product description and specifications, lists of dealers, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). 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 or provided by the sellers in the process of advertising, exhibiting and offering to sell the products on the Website. Company may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Company shall not be held liable for any kind of loss suffered by You based on reliance or use of such Third Party Content.
In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. Company makes no warranty or representation regarding, and does not endorse, any website linked to the Website / services or the information appearing thereon or any of the products or services described thereon.
Indemnity and Limited Liability
Company may notify You of any claims which You shall be liable to defend and indemnify Company against. You will then be required to consult with Company regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Company without express prior written consent of Company which can be withheld or denied or conditioned by Companyat its sole discretion.
Notwithstanding anything to contrary in the Agreement(s), in no event shall Company, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or Website Content.
IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF INR 1000/- (RUPEES ONE THOUSAND ONLY). THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Company welcomes and encourages You to provide feedback, comments and suggestions for improvements to the Website and services ("Feedback"). You may submit Feedback by emailing us at _ECOMMERCE@ULTRAINDIA.COM. You acknowledge and agree that all Feedback will be the sole and exclusive property of Company and You hereby irrevocably assign to Company all of Your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Company's request and expense, You will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Any Feedback You provide to Company shall be deemed to be non-confidential. Company shall be free to use such information on an unrestricted basis. Further, by submitting the Feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Company is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Company may have something similar to the Feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Company for the Feedback under any circumstances.
To clarify, Company may at its discretion, make any modifications or changes to the Website, Content and / or services on the basis of such Feedback, however Company shall not be obliged to do so. Further, in the event that Company makes any changes or modifications to the Website, Content and / or services on the basis of any such Feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or services, and assign to Company, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or services, in perpetuity. You hereby waive all rights under Section 19(4) of the (Indian) Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or services.
In accordance with Information Technology Act, 2000 and Rules made there under, if You notice any discrepancies in the information provided or have any grievance against the Site/Company, You may contact our Grievance Officer. The contact details of the Grievance Officer are:
Address: Ultra Media & Entertainment Private Limited ,2-C , Thakkar Industrial Estate ,Lower Parel (E)
Email: ECOMMERCE@ULTRAINDIA.COM Contact number: 022-40190486
Monday to Friday except Public Holidays (10:00 AM to 6:00 PM)
Disclaimer: Please note that the Grievance Officer shall address complaints exclusively pertaining to Information Technology Act, 2000 and the Rules made there under. If you have any specific consumer complaints or any other complaints you may write an email to us at [ECOMMERCE@ULTRAINDIA.COM]. Any complaints to the Grievance Officer other than those related to the Information Technology Act, 2000 and Rules made there under will not be entertained by the Grievance Officer and will not be deemed to have been filed.
Important Warning: Giving false, misleading or inaccurate information in the Notice to the Company may result in civil and/ or criminal liability.