Terms & Conditions
Welcome to Mckloskey. The website "www.mckloskey.com" is owned and operated by Mckloskey. Please read these Terms & Conditions carefully before using this website. In these Terms & Conditions, mckloskey.com is referred to as "Mckloskey" or "we," "us,", "our" and you the end user is referred to as "you" , "your" or "user".
Definitions
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
"Mckloskey'' / ''website '' means the online shopping platform and the services to buy the products listed on the site.
"Vendor" / "seller shall mean the person or any legal entity who offers for sale, sells the products on the Mckloskey platform / website. ''Product/Products'' means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on Mckloskey and the related description, information, procedure, processes, warranties, delivery schedule, etc.
Modified Terms
The Mckloskey reserves the right at all times to discontinue or modify any of these Terms and Conditions and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or confidentiality. It is also clearly understood that all warranties, implied or express take place between the vendors and the user. We do not endorse in anyway any advertisers/ contents of advertisers on its web pages or other communication.
We will not be responsible for any damage suffered by users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
User agrees and acknowledges that use shall be solely responsible for user's conduct and that the Mckloskey reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall the Mckloskey, its employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Mckloskey sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
We therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.
We shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of Mckloskey.
Reviews and Public Communication
Mckloskey may, but is not required to, monitor, edit, delete or disclose the contents of a user's email or reviews as required for normal maintenance of any of the Mckloskey websites or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Mckloskey; (2) protect and defend the rights or property of Mckloskey; (3) protect the personal safety of other Mckloskey website users or the public; or (4) to ensure compliance with our Terms and Conditions.
Copyright Infringement
without limitation, credit card and other personal information, you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party Mckloskey or advertiser.
Limitation of Liability
The Mckloskey, its directors, employees, agents, or licensers are not liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to Mckloskey content or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in any Mckloskey websites, including without limitation as a result of breach of any term of this agreement. Applicable law many not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In no event will the Mckloskey’s total liability to you for any and all damages, losses, and causes of action arising out of or related to your use of any TMckloskey website, regardless of the form, cause of action or the alleged basis for any claim, exceed the amount paid by you to Mckloskey, if any, for accessing the Mckloskey websites.
Indemnity
You agree that you will indemnify and hold harmless Mckloskey and its directors, employees and agents from any and all liability arising in connection with your use of the Mckloskey websites, including but not limited to any information or content that you post on any of the Mckloskey websites.
Force Majeure
Mckloskey shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement charges. We suggest to you, therefore, that you re-read this important notice containing our Terms and Conditions and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and Conditions and Privacy Policy and you continue to use Mckloskey, you are impliedly agreeing to the Terms and Conditions and Privacy Policy expressed therein. Any such deletions or modifications shall be effective immediately upon the Mckloskey’s posting thereof. Any use of Mckloskey by user after such notice shall be deemed to constitute acceptance by the user of such modifications.
Disclaimer of warranties and limitation of liability
Mckloskey has made this service available to use as a matter of convenience. We expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. We also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Service(s) of the Mckloskey is provided on an "as is" basis without warranties of any kind, whether express or implied. We do not represent or warrant maintaining the confidentiality of information; although our current practice is to ensure reasonable efforts to maintain such If you believe that your work has been used or is accessible on Mckloskey websites in a way that constitutes copyright infringement, you may notify Mckloskey by providing us the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed, including where the copyrighted work exists or a copy of the copyrighted work; (3) a description of where on the site the material that you claim is infringing is located, reasonably sufficient to permit Mckloskey to locate the material; (4) your address, telephone number, and email address; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Mckloskey’s agent for notice of claims of copyright infringement for the Mckloskey websites can be reached by mail at: sales.mckloskey.com
Warranty Disclaimers
Mckloskey recognizes the value of providing accurate and timely content. However: The Mckloskey websites are provided "as is" and without warranties of any kind either express, statutory or implied. Without limiting the foregoing, Mckloskey wants to ensure that you understand that there are no warranties:
• That access to the Mckloskey websites will be error free or uninterrupted;
• That the information on the Mckloskey websites will be accurate, complete or reliable
• That the Mckloskey websites will be free of any virus, worm, Trojan horse or other harmful software code or
• Of title or non-infringement.
Disclaimer as to Third Party Web Sites
Mckloskey also disclaims any responsibility for the accuracy, content, or availability of information found on websites that link to or from Mckloskey websites. You acknowledge that some advertisers or other companies employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive. Mckloskey is not liable for the accuracy, copyright compliance, legality, or decency of material or content contained in third-party sites and/or advertisements (including pop-up ads) and you hereby irrevocably waive any claim against us with respect to such sites or advertisements. Mckloskey does not ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Mckloskey websites. Mckloskey does not make any representations or warranties as to the security of any information, including, available on or through Mckloskey ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through Mckloskey for commercial or public purposes.
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to Mckloskey, Mckloskey may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the site if: The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of Mckloskey; The user has provided wrong, inaccurate, incomplete or incorrect information; Your actions may cause any harm, damage or loss to the other Users or Mckloskey. Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the Mckloskey site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
