In
General
mcaservice.in owns and operate this
Website. This document governs your relationship with (“mcaservice.in”). Access to and use of
this Website and the products and services available through this Website
(collectively, the “Services”) are subject to the following terms, conditions
and notices (the “Terms of Service”). By using the Services, you are agreeing
to all of the Terms of Service, as may be updated by us from time to time. You
should check this page regularly to take notice of any changes we may have made
to the Terms of Service.
Access
to this Website is permitted on a temporary basis, and we reserve the right to
withdraw or amend the Services without notice. We will not be liable if for any
reason this Website is unavailable at any time or for any period. From time to
time, we may restrict access to some parts or all of this Website.
This
Website may contain links to other websites (the “Linked Sites”), which are not
operated by mcaservice.in. mcaservice.in has no control over the Linked Sites and accepts no
responsibility for them or for any loss or damage that may arise from your use
of them. Your use of the Linked Sites will be subject to the terms of use and
service contained within each such site.
No
service(s) rendered by the mcaservice.in shall be used as a substitute for health care treatment,
programs or advice normally received from doctors, lawyers or financial
advisors. Payments made to mcaservice.in are not tax deductible.
Privacy
Policy
Our
privacy policy, which sets out how we will use your information, can be found
at mcaservice.in. By using this Website, you
consent to the processing described therein and warrant that all data provided
by you is accurate.
Prohibitions
You
must not misuse this Website. You will not: commit or encourage a criminal
offense; transmit or distribute a virus, trojan, worm, logic bomb or any other
material which is malicious, technologically harmful, in breach of confidence
or in any way offensive or obscene; hack into any aspect of the Service;
corrupt data; cause annoyance to other users; infringe upon the rights of any
other person’s proprietary rights; send any unsolicited advertising or
promotional material, commonly referred to as “spam”; or attempt to affect the
performance or functionality of any computer facilities of or accessed through
this Website. Breaching this provision would constitute a criminal offense
and mcaservice.in will report any such breach
to the relevant law enforcement authorities and disclose your identity to them.
We
will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful material
that may infect your computer equipment, computer programs, data or other
proprietary material due to your use of this Website or to your downloading of
any material posted on it, or on any website linked to it.
Intellectual
Property, Software and Content
The
intellectual property rights in all software and content (including
photographic images) made available to you on or through this Website remains
the property of mcaservice.in or its licensors and are protected by copyright laws and
treaties around the world. All such rights are reserved by mcaservice.in and its licensors. You may
store, print and display the content supplied solely for your own personal use.
You are not permitted to publish, manipulate, distribute or otherwise
reproduce, in any format, any of the content or copies of the content supplied
to you or which appears on this Website nor may you use any such content in
connection with any business or commercial enterprise.
Terms
of Sale
By
placing an order you are offering to purchase a product on and subject to the
following terms and conditions. All orders are subject to availability and
confirmation of the order price.
Dispatch
times may vary according to availability and subject to any delays resulting
from postal delays or force majeure for which we will not be responsible.
In
order to contract with mcaservice.in you must be over 18 years of age and possess a valid credit or
debit card issued by a bank acceptable to us. mcaservice.in retains the right to refuse
any request made by you. If your order is accepted we will inform you by email
and we will confirm the identity of the party which you have contracted with.
This will usually be mcaservice.in or may in some cases be a third party. Where a contract is made
with a third party mcaservice.in is not acting as either agent or principal and the contract is
made between yourself and that third party and will be subject to the terms of
sale which they supply you. When placing an order you undertake that all
details you provide to us are true and accurate, that you are an authorized
user of the credit or debit card used to place your order and that there are
sufficient funds to cover the cost of the goods. All prices advertised are
subject to such changes.
(a)
Our Contract
When
you place an order, you will receive an acknowledgement e-mail confirming receipt
of your order: this email will only be an acknowledgement and will not
constitute acceptance of your order. A contract between us will not be formed
until we send you confirmation by e-mail that the goods which you ordered have
been dispatched to you. Only those goods listed in the confirmation e-mail sent
at the time of dispatch will be included in the contract formed.
(b)
Pricing and Availability
Whilst
we try and ensure that all details, descriptions and prices which appear on
this Website are accurate, errors may occur. If we discover an error in the
price of any goods which you have ordered we will inform you of this as soon as
possible and give you the option of reconfirming your order at the correct
price or cancelling it. If we are unable to contact you we will treat the order
as cancelled. If you cancel and you have already paid for the goods, you will
receive a full refund.
Delivery
costs will be charged in addition; such additional charges are clearly
displayed where applicable and included in the ‘Total Cost’.
(c)
Payment
Upon
receiving your order we carry out a standard authorization check on your
payment card to ensure there are sufficient funds to fulfill the transaction.
Your card will be debited upon authorisation being received. The monies
received upon the debiting of your card shall be treated as a deposit against
the value of the goods you wish to purchase. Once the goods have been
dispatched and you have been sent a confirmation email the monies paid as a
deposit shall be used as consideration for the value of goods you have
purchased as listed in the confirmation email.
Disclaimer
of Liability
The
material displayed on this Website is provided without any guarantees,
conditions or warranties as to its accuracy. Unless expressly stated to the
contrary to the fullest extent permitted by law and its suppliers, content
providers and advertisers hereby expressly exclude all conditions, warranties
and other terms which might otherwise be implied by statute, common law or the
law of equity and shall not be liable for any damages whatsoever, including but
without limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to goodwill or reputation, or the cost of procurement of
substitute goods and services, arising out of or related to the use, inability
to use, performance or failures of this Website or the Linked Sites and any
materials posted thereon, irrespective of whether such damages were foreseeable
or arise in contract, tort, equity, restitution, by statute, at common law or
otherwise. This does not affect mcaservice.in’s liability for death or personal injury arising from its
negligence, fraudulent misrepresentation, misrepresentation as to a fundamental
matter or any other liability which cannot be excluded or limited under
applicable law.
Linking
to this Website
You
may link to our home page, provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval
or endorsement on our part where none exists. You must not establish a link
from any website that is not owned by you. This Website must not be framed on
any other site, nor may you create a link to any part of this Website other
than the home page. We reserve the right to withdraw linking permission without
notice.
Disclaimer
as to ownership of trade marks, images of personalities and third party
copyright
Except
where expressly stated to the contrary all persons (including their names and
images), third party trademarks and content, services and/or locations featured
on this Website are in no way associated, linked or affiliated with mcaservice.in and you should not rely on
the existence of such a connection or affiliation. Any trademarks/names
featured on this Website are owned by the respective trade mark owners. Where a
trade mark or brand name is referred to it is used solely to describe or
identify the products and services and is in no way an assertion that such
products or services are endorsed by or connected to mcaservice.in
Indemnity
You
agree to indemnify, defend and hold harmless mcaservice.in, its directors, officers,
employees, consultants, agents, and affiliates, from any and all third party
claims, liability, damages and/or costs (including, but not limited to, legal
fees) arising from your use this Website or your breach of the Terms &
Condition.
Variation
mcaservice.in shall have the right in its
absolute discretion at any time and without notice to amend, remove or vary the
Services and/or any page of this Website.
Invalidity
If
any part of the Terms of Service is unenforceable (including any provision in
which we exclude our liability to you) the enforce-ability of any other part of
the Terms of Service will not be affected all other clauses remaining in full
force and effect. So far as possible where any clause/sub-clause or part of a
clause/sub-clause can be severed to render the remaining part valid, the clause
shall be interpreted accordingly. Alternatively, you agree that the clause
shall be rectified and interpreted in such a way that closely resembles the
original meaning of the clause /sub-clause as is permitted by law.
Complaints
We
operate a complaints handling procedure which we will use to try to resolve
disputes when they first arise, please let us know if you have any complaints
or comments.
Waiver
If
you breach these conditions and we take no action, we will still be entitled to
use our rights and remedies in any other situation where you breach these
conditions.
Entire
Agreement
The
above Terms of Service constitute the entire agreement of the parties and
supersede any and all preceding and contemporaneous agreements between you
and mcaservice.in. Any waiver of any
provision of the Terms of Service will be effective only if in writing and
signed by a Director of mcaservice.in.