Terms & conditions
Access to and use of this Website and the goods 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
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post 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. TRANSFORM Badminton 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. The use of automated systems or software to extract data from this Website for commercial purposes, (‘screen scraping’) is prohibited without license.
Intellectual Property, Software and Content
TRANSFORM Badminton authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials.
The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Website are the sole property of TRANSFORM Badminton and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of TRANSFORM Badminton and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of TRANSFORM Badminton and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of TRANSFORM Badminton. TRANSFORM Badminton reserves the right to enforce its intellectual property rights to the fullest extent of the law.
Website Use and Registration
You are required to establish an account at the Website in order to take advantage of certain features of this Website, such as making a purchase. Where you register for any area of this Website, the following terms and conditions apply. If you provide information on the Website, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Website; and
(b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or TRANSFORM Badminton has reasonable grounds to suspect that such information is false, inaccurate or outdated, TRANSFORM Badminton has the right to suspend or terminate your account and prohibit any and all current or future use of the Website (or any portion thereof) by you.
You will create a username and password while completing the account 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. We are entitled to assume that anyone using that user name and password is you. You agree to:
(a) immediately notify TRANSFORM Badminton of any unauthorized use of your password or account or any other breach of security; and
(b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Website, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying TRANSFORM Badminton. TRANSFORM Badminton cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You agree to use the Website only for lawful purposes and that you are responsible for your use of and communications on the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Website.
You further agree that you will not access this Website by any means except through the interface provided by TRANSFORM Badminton for access to the Website. Creating or maintaining any link from another website to any page on the Website without the prior authorization of TRANSFORM Badminton is prohibited. Running or displaying this Website or any information or material displayed on the Website in frames or through similar means on another website without the prior authorization of TRANSFORM Badminton is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.
If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc.,) and do not sign out, someone else who uses that computer after you may be able to access your TRANSFORM Badminton account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer. TRANSFORM Badminton cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your TRANSFORM Badminton account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your TRANSFORM Badminton account(s). TRANSFORM Badminton cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
By submitting any content to TRANSFORM Badminton, you represent and warrant that:
• you are the sole author and owner of the intellectual property rights thereto;
• all "moral rights" that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you are at least 16 years old;
You further agree and warrant that you shall not submit any content:
• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
• that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold TRANSFORM Badminton (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to any affiliated parties.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant TRANSFORM Badminton a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address in connection with your rating and review, you agree that TRANSFORM Badminton and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
• From time to time, we may offer promo codes which may apply to any, or certain specified purchases made through the Website.
• There are two ways of receiving a promo code:
1. We may send one to you via email for reasons such as, without limitation, your birthday, based on your total purchases on the Website and festivals.
2. From time to time, we may offer promo codes on the Website that you can apply at checkout in order to receive a specific discount from us.
• Only one promo code can be used against an order at any one time.
• A promo code cannot be applied to an order after that order has been placed.
• Certain brand or product category exclusions may apply so we will let you know if you cannot use your promo code on anything before you complete your purchase.
• If the promo code has expired, you will not be able use it.
• We are afraid we cannot accept any responsibility once we have given you a promo code and we are not obliged to provide you with a replacement if it gets lost and/or gets used by someone else as this will result in the promo code being cancelled.
• If a promo code is offered on the Website and cannot run properly because of fraud, tampering, technical errors or anything else that is beyond our control which affects the running, administration, security or fairness of the promo code, we reserve the right to cancel, modify or suspend the promo code.
• Promo codes are non-transferable and cannot be exchanged for cash. If you receive a promo code, it can only be used by you on your own TRANSFORM Badminton account for the purpose for which it was issued. You must keep it confidential and only use it for making your own orders on the Website. Do not pass your code directly on to others or make it available to others (for example, posting it on social media or on a forum). If we believe that at the point of purchase or retrospectively you are abusing the use of promo codes in any way (for example, selling them to others), we reserve the right to cancel your promo code or suspend/close your TRANSFORM Badminton account(s) without letting you know beforehand.
• We reserve the right to amend these terms and conditions at any time.
• The promoter is Indo Rubber and Plastic Works Pvt. Ltd.
Terms of Sale
By placing an order for any goods on our Website you are offering to purchase the goods 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 any guarantees or representations made as to delivery times are limited to India and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our <a href="https://transformbadminton.com/delivery-charges">Delivery Charges</a> notice for further information.
In order to contract with TRANSFORM Badminton you must be over 16 years of age. If you make purchases on the Website using a credit or debit card, that credit or debit card must be valid and issued by a bank acceptable to us. TRANSFORM Badminton retains the right to refuse any order made by you.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised 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 changes as deemed necessary by us.
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 for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.
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'.
The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.
c) Payment - We appoint Shiprocket as our logistics partner to collect payments, for the goods you are purchasing, on our behalf. Please contact our Customer Care Team if you have any questions about invoicing and payment for goods.
Upon receiving your order, our billing agent carries out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once your payment has been approved.
Warranties, Disclaimers and Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(i) the Website will meet your requirements;
(ii) the Website will be uninterrupted, timely, secure, or error-free;
(iii) information that may be obtained will be accurate or reliable;
(iv) the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations or needs; and
(v) any errors in the Website will be corrected.
a) All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms of Service or their subject matter, not contained in these Terms of Service, are excluded from these Terms of Service to the maximum extent permitted by law.
b) Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited.
c) Subject to TRANSFORM Badminton's obligations under the our <a href="https://transformbadminton.com/refund-and-exchange-policy">Goods Return Policy</a>, and to the maximum extent permitted by law, TRANSFORM Badminton shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Website, including any liability:
(i) as a publisher of information;
(ii) as a reseller of any products or services;
(iii) for any incorrect or inaccurate information;
(iv) for any unauthorized access to or disclosure of your transmissions or data;
(v) for statements or conduct of any third party on the Website; or
(vi) for any other matter relating to this Website or any third party website.
This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between TRANSFORM Badminton and you. The products, information and services offered on and through the website would not be provided without such limitations.
Notwithstanding the foregoing, the sole and entire maximum liability of the TRANSFORM Badminton parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from TRANSFORM Badminton on this Website.
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.
You agree to indemnify, defend and hold harmless TRANSFORM Badminton, 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 of this Website or your breach of these Terms of Service.
TRANSFORM Badminton 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.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability 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 and Troubleshooting
We are always ready to address your questions and concerns regarding this policy and our privacy practices. If you would like to speak to a Customer Service representative, please contact us through one of the following methods:
• For problems placing an order on the Website, please call: (+91) 9105050516
• For all other Website or product related questions or queries, please contact us on: [email protected] Badmintonindia.co.in.
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. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorised representative of TRANSFORM Badminton.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Meerut, U.P., India and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the non-exclusive jurisdiction of the Meerut courts.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and TRANSFORM Badminton.