Terms and Conditions
By subscription or usage of services offered, you have taken note, acknowledged, undertaken to have constructive notice of the Terms and Conditions laid down herein under. Upon subscription or usage of services you are legally bound by the Terms and Conditions. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Dennis Morton. Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement. By using the services of Dennis Morton you agree to be bound by these terms and conditions. All products/services and information displayed on www.dennismorton.in constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. If you do not want to be bound by the Terms, you must not subscribe to or use our services. Dennis Morton reserves the right to accept or reject your offer.
As used in this document, the following terms shall have the following respective meanings:
“Agreement” shall be interpreted to mean 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.
“We” / “Us” / “Our” / “dennismorton.in” / “Dennis Morton” /“store.dennismorton.in”/”website” means the online shopping platform and the services provided by it, owned and operated by G’Sons Apparels and its affiliates which provides a venue / platform to the Users of Dennis Morton to buy the products listed on www.dennismorton.in
“Product/Products” means and includes any goods / merchandise /products /services /offers /display items that are uploaded/ showcased/ displayed on dennismorton.in and the related description, information, procedure, processes, warranties, delivery schedule, etc.
“Customer” / “buyer” shall mean the person or any legal entity who accepts the offer for sale on dennismorton.in by placing an order for and purchases any product offered for sale on the platform of Dennis Morton.
“User” / “you” means and includes any person or an entity or any legal entity using or accessing the services provided on Dennis Morton.
“Service Providers” shall be interpreted to mean independent third party service providers.
Introduction:
Use of the Website is offered to you, is conditional on the acceptance of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. We always have the sole discretionary right, not to accept a User from registering on the Website without assigning any reason thereof.
User Account, Password, and Security:
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to:
Immediately notify dennismorton.in of any unauthorized use of your password or account or any other breach of security;
ensure that you exit from your account at the end of each session.
Upon failure or negligence on behalf of the end user to observe the above conditions/ modalities provided above, we shall not be liable for any loss or damage arising on account of your non-compliance or negligence.
Services Offered:
dennismorton.in provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to purchase original merchandise such as clothing (hereinafter collectively referred to as “Products”). Upon placing order, indianterrain.com shall ship the product to you and be entitled to its payment for the Services.
Privacy Policy:
The User hereby consents, expresses, agrees, acknowledges that he has read and fully understands the Privacy Policy of dennismorton.in in respect of the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
Limited User:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer; computer;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
violate any applicable laws or regulations for the time being in force in or outside India; and
violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorise to use. The content shall not be in violation or infringe the rights (inclusive of intellectual property rights) of any third parties. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by dennismorton.in.
Exactness Not Guaranteed:
Dennis Morton and its affiliates attempt to be as accurate as possible. However, does not warrant that product descriptions or other content or prices/amounts of this site is accurate, complete, reliable, current, or error-free. If a product offered by Dennis Morton itself is not as described, your sole remedy is to return it in unused condition.
Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, dennismorton.in owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to dennismorton.in without obtaining authorization from dennismorton.in.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Links To Third Party Sites:
The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of dennismorton.in or the Website and dennismorton.in is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. dennismorton.in is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. dennismorton.in is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by dennismorton.in or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer Of Warranties/Limitation Of Liability:
Dennis Morton has made this service available to use as a matter of convenience. Dennis Morton disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Dennis Morton does not warrant that this site, its servers, or e-mail sent from Dennis Morton are free of viruses or other harmful components. Dennis Morton 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.
Dennis Morton 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
the use or the inability to use the Services;
unauthorized access to or alteration of the user’s transmissions or data;
any other matter relating to the services; 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 Website or Service. Neither shall dennismorton.in be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services 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, dennismorton.in 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 Dennis Morton’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
User agrees and acknowledges that User shall be solely responsible for User’s conduct and that Dennis Morton 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 Dennis Morton, its affiliates, 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 Dennis Morton sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
Dennis Morton shall not be liable for any delay / non-delivery of purchased goods due to flood, fire, wars, acts of God or any cause that is beyond the control of Dennis Morton.
Notwithstanding anything contained herein,. In no event shall Dennis Morton, its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms. Dennis Morton shall only provide replacement and/or manufacturer’s warranty in case of Dennis Morton branded goods which will vary from goods to goods.
All prices, unless indicated otherwise are in Indian Rupees. The availability of products is subject to change without prior notice at the sole discretion of Dennis Morton and orders can be cancelled if the product goes out of stock. Dennis Morton reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or cheque or otherwise. In the event the payment has been processed by Dennis Morton the refund amount shall be credited to your credit card account and duly notified to you by email or sent by cheque.
In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Dennis Morton will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User. Any request for cancellation of orders once duly placed on the site, shall not be entertained.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by Dennis Morton for re-delivery shall be claimed from the User placing the order.
Dennis Morton reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes. Dennis Morton and its affiliates reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.
Indemnification:
You agree to indemnify, defend and hold harmless dennismorton.in from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by dennismorton.in that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Pricing:
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Dennis Morton’s discretion.
Shipping:
Title and risk of loss for all products ordered by you shall pass on to you upon Dennis Morton’s shipment to the shipping carrier.
Termination:
dennismorton.in may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached a term of these Terms.
Notwithstanding the above, these Terms will survive indefinitely unless and until dennismorton.in chooses to terminate them.
If you or dennismorton.in terminates your use of the Website or any Service, dennismorton.in may delete any content or other materials relating to your use of the Service and dennismorton.in will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
Governing Law:
These terms and conditions shall be governed by and constructed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the courts at Kerala.
Headings:
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation Of Number And Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
Severability:
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. dennismorton.in does not review the contents in any way before they appear on the Website. dennismorton.in does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to feedback@dennismorton.in.
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.
Our Office Address
G’Sons Apparels
P.O.Kuttikkakam
Edakkad,
Kannur,
Kerala – 670663