Please read the following important Terms of Service Agreement (the "Agreement") before accessing or using the indianhouseware.com website (the "Site"), which are made available to you ("You") by Mercantile International NA, (Mercantile). By using the Site or downloading content from the Site, you agree to abide by the terms and conditions set forth in this Agreement. If you do not agree to abide by these terms and conditions do not use the Site or download content from the Site.
Use of Site
Mercantile authorizes you to access and use this Site, subject to the terms and conditions of these Terms of Service. You agree to abide by all additional restrictions displayed on the Site as they may be updated from time to time. Mercantile does not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside of our control.
Intellectual Property Rights
The Site, including all
information available at the Site ("Content"), is protected by copyrights,
trademarks, service marks, patents or other proprietary rights under the law.
Representations and Warranties
a. You represent and warrant that You are over the age of majority and can form a legally binding contract under applicable law.
b. You represent and warrant that You have provided true, accurate, current and complete information about Yourself as prompted by the Mercantile email form.
c. You represent and warrant that You are not using the Mercantile service for any improper purpose, and that You will act in good faith in Your relationships with Mercantile.
d. You represent and warrant that You are buying for Your own use or Your company's use, and not for resale. If You wish to purchase for resale, please contact the respective Mercantile company.
Information Provided by You
Mercantile does not want You to, and You should not, send any confidential or proprietary information to Mercantile via the Site. You agree that any information or materials that You provide to Mercantile will not be considered confidential or proprietary. By providing any such information or materials to Mercantile, You grant to Mercantile an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and You further agree that Mercantile is free to use any ideas, concepts or know-how that You or individuals acting on Your behalf provide to Mercantile. You further recognize that Mercantile does not want You to, and You represent and warrant that You shall not, provide any information or materials to Mercantile that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Disclaimer of Warranties
THE CONTENT MAY CONTAIN
INACCURACIES AND TYPOGRAPHICAL ERRORS. MERCANTILE DOES NOT WARRANT THE ACCURACY
OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION,
STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU
ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT,
MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. MERCANTILE RESERVES THE
RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY
PORTION OF THE SITE. MERCANTILE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE
CONTENT AND THE PRODUCTS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT
ANY TIME WITHOUT NOTICE.
THE SITE, THE INFORMATION AND CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The branded product offered on this Site have a limited warranty from the manufacturer. Please print and retain Your online purchase confirmation as proof of the purchase. Read the complete warranty statement included with Your cookware, appliance or any product.
Limitation of Liability
IN NO EVENT SHALL MERCANTILE BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISEOUT OF OR OTHERWISE ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF MERCANTILE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes to these Terms of Service
Mercantile reserves the
right, at its sole discretion, to change, modify, add or remove any portion of
these Terms of Service in whole or in part, at any time. Changes in these Terms
of Service will be effective when notice of such change is posted. Your
continued use of the Site after any changes to these Terms of Service are
posted will be considered acceptance of those changes. You should periodically
visit this page to determine the then current Agreement.
Mercantile may terminate, change, suspend or discontinue any aspect of the Mercantile Site, including the availability of any features of the Site, at any time. Mercantile may also impose limits on certain features and services or restrict Your access to parts or the entire Site without notice or liability. Should You object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with Mercantile in any way, Your only recourse is to immediately: (1) discontinue use of indianhouseware.com site; (2) terminate Your registration; and (3) notify Mercantile of termination.
These Site are controlled, operated and administered by Mercantile from its offices within USA, is intended for residents of USA and its territories.
Choice of Law and Forum; Arbitration
These Terms of Service
shall be governed by the laws of the state of New Jersey, USA, without giving
effect to its conflict of laws provisions. Any claim or controversy in any way
arising out of or relating to these Terms of Service shall be filed in a court
of competent jurisdiction sitting in New Jersey courts. Both parties consent to
exclusive jurisdiction in New Brunswick, NJ, provided, however that either
party may elect to settle any litigation in any way arising out of or relating
to these Terms of Service by binding arbitration administered by JAMS pursuant
to its Comprehensive Arbitration Rules and Procedures. If elected, such
arbitration shall be conducted in New Brunswick, NJ, and judgment on the
arbitration award may be entered into any court having jurisdiction thereof.
Except as explicitly stated otherwise, notice to Mercantile shall be given by postal mail to Mercantile International NA, 1130 Somerset Street, Unit 104, New Brunswick, NJ and notice to You shall be given by an e-mail sent to the address, You provided during the process. In addition, Mercantile may give You notice by certified mail to the postal address provided during the checkout process. Postal notice shall be deemed given 3 days after the date of mailing. E-mail notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
These Terms of Service constitutes the entire agreement between Mercantile and You with respect to Your use of the Site. Any cause of action You may have with respect to Your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Service, and the remainder of these Terms of Service shall continue in full force and effect.