Terms Of Use

GENERAL

By accessing and placing an order with CMD, you confirm that you are in agreement with and bound by the terms of service contained in the Terms and Conditions outlined below. These terms apply to the entire Site and any email or other type of communication between you and CMD.
Under no circumstances shall CMD team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use or the inability to use, the materials on the site, even if CMD team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this Site results in need for servicing, repair or correction of equipment or data, you assume any costs thereof.
CMD will not be responsible for any outcome that may occur during usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.
This Website (www.cmd.com or “Site”) is owned by XYZ Pvt. Ltd. (hereinafter referred to as “Owner” or “Company”), having its Registered Office at ABC , New Delhi, India and is the sole owner, operator, author and publisher of the Website.
It is advised to be thorough with and agree to both our Terms of Use as well as our Privacy Policy, before use or opt for any of our products/ services.
These Terms of Use are a binding contract between You (“Visitor”, “Your”, “Buyer” or “Customer”) and CMD (“we”, “our” or “us”) grants you a revocable, non-exclusive, non- transferable, limited license to download, install and use the website strictly in accordance with the terms of this Agreement.

ACCEPTANCE OF TERMS AND CONDITIONS

You agree to these Terms of Use if:
a. You visit, use, or shop at the Site or any future site associated with CMD;
b. You use any current or future services of CMD;
c. You visit or purchase from any business affiliated with CMD;
d. If you subscribe to any of our products or services, regardless of the medium you choose to subscribe from.


If You visit or purchase from any of the third-party vendor websites, linked onthe Site, you also will be subject to the guidelines and conditions applicable to such service or merchant.

MODIFICATION

We reserve the right to change, modify, adjust, vary, amend, or alter all or any of its Terms of Use at any time and at its sole discretion. We also reserve the right to modify, suspend or discontinue temporarily or permanently, the service or any service to which it connects, with or without notice and without
liability to you. The User agrees to abide by all applicable guidelines, policies, rules, terms and conditions for availing the Services on the Site, which may change from time to time.

RESTRICTIONS

You will not agree to, and you will not persuade others to:
• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the service or make the platform available to any third party.
• Modify, make derivation works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the services.
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of or it’s affiliates, partners, suppliers or the licensors of the services.
• Republish, archive, or retain any content on the internet, intranet, extranet, database, archive, or compilation. You are not allowed to use any content for commercial use.
• Use any data mining, bugs, viruses, worms, trap doors, web crawlers, robots, cancel bots, spiders, Trojan horses, other harmful code of properties or any data gathering or extraction method in connection with your use of the website.
• Post unsolicited promotional or advertising content.

ELIGIBILITY

You may use this website if you are eligible to enter into a legally binding contract under Indian Contract Act, 1872. If You are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. you are not eligible to use this Website.
We do not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or a guardian and you are aware that your child has provided us with Personal data, please contact us. If we become aware that we have collected Personal data from anyone under the age of 18 without verification of parental consent, we take steps to remove that information from our database.
Every Visitor/ User must only create one account with us. If you create more than one account with us, it shall amount to fraudulent act on part of the User and attract actions against such Users.
The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the Company or payments made by your credit card by any third party.
If you use the Site, you are responsible for maintaining the confidentiality and making any transaction in your account including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. Any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise will not be a responsibility of CMD. CMD reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
If you are a business entity, you represent that you are duly authorized by the business entity to accept these terms and conditions and you have the authority to bind that business entity to these terms and conditions.

SALE OF GOODS/ SERVICES

The Terms of Use of this website constitute the terms and conditions of the contract between CMD & You. By placing an order you confirm that you have read the terms and conditions and accept them.
Payment must be made at the time the products are ordered (unless you opt for the Cash-On-Delivery option, if available). When you place an order, you will be automatically redirected to a third - party website, i.e. the Payment Gateway we have opted for payment transactions to be processed. CMD does not store your credit card/ payment details.
CMD may have to deny any offer made due to the unavailability of any product, or for any other reason that may affect our ability to supply the products/ services ordered.
The electronic contract shall have the same legal force and effect as a written contract signed by you and will only become valid upon our acceptance to your order placed.

ACCURACY OF INFORMATION

CMD is committed to provide accurate product and pricing information, however, typographical errors may occur. In the event a product is listed incorrectly, due to an error in pricing or product information, CMD may use its discretion to contact you for instructions or cancel your order and notify you of such cancellation.

PRICING AND PROMOTIONAL DISCOUNTS

The prices of the products/ services listed on the Site are subject change without any prior notice.
If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Premium plan. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities with respect to your Payment Provider. By providing us with your credit card number and associated payment information, you agree that we are authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder. We reserve the rights to change its prices, billing methods, either immediately upon posting on our Site or by e-mail delivery to you/ your organization’s administrator.
We offer you promotional discount codes that are applicable on the purchases made on this website. These discount codes can be applicable on all or certain specified products. Please note that you cannot club multiple offers per order. You cannot use a discount code retrospectively.
The promotional offers will be sent to you upon your permission vide emails/SMS/calls. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. However, such offers are for limited period and CMD owes no responsibility to provide you any information regarding any change.

TAXES

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cess, etc.

INTELLECTUAL PROPERTY CONTENT

CMD and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to theSite and the SiteServices. The CMD logos and names are trademarks of CMD and are registered in certainjurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may bethe trademarks of their respective owners.
Nothing in the Terms of Service grants you a right to use any CMD Marks.

PRIVACY

Please review our Privacy Policy, which also governs your visit to CMD, to understand better about our practices.

RETURN, REFUND & CANCELLATION POLICY

1. You may not use, or encourage, promote, facilitate, or instruct, induce, or otherwise influence or cause others:

FRAUDLENT ACTIVITY

You may not use, or encourage, promote, facilitate, or instruct, induce, or otherwise influence or cause others: (1) to usethe Site or Site Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal orfraudulent purpose or any purpose that is harmful to others,
or (2) to transmit, store, display, distribute or otherwise makeavailable content that is illegal, fraudulent or harmful to others. CMD reserves the right to initiate proceedings and recover the cost of goods,
collection charges and other expenses that may occur from persons for using the Site fraudulently.

INDEMNIFICATION OF CMD

When you post User Content on the Site or through the Site Services or provide CMD with User Content, youunderstand and acknowledge that you are solely responsible for such User Content. Further, you represent and warrantthat you have the right, power, and authority to (a) post that User Content without violating the rights of third parties, and(b) grant the licenses specified below.
You acknowledge and agree that the poster of User Content, and not CMD, is responsible for any User Contentincluding any harms caused to you, another User, or a third party by such User Content. You will indemnify, defend, and hold harmless CMD, our Affiliates, and our respective directors,
officers, employees,representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs,
losses, andexpenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from orrelating to any claim,
suit, proceeding, demand, or action brought by you or a third party or other User against anIndemnified Party relating to or arising out of any User Content you post.

GOVERNING LAW & JURISDICTION

CMD operates this website from its Registered Office in New Delhi. These Terms of Use (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of India.

DISPUTE RESOLUTION MECHANISM

Grievance Redressal
Any complaint or concern with regards to the Services, access, usage, content, comment, or breach of the Terms of Use shall be addressed to the designated Grievance Officer of CMD. The complaint shall be registered through a phone call on the number provided below or by sending an email to the respective email ID as provided below. It shall be the endeavor of CMD to satisfactorily resolve and address the grievances at the earliest.
Contact Details:
Phone: - XXXXXXX
Email - hello@cmd.com
Dispute Resolution
Any dispute arising under or relating to the terms, contents, your use of the website, or products or services purchased using the website or with Heads Up For Tails shall solely and to the exclusion of all other courts be subject to the jurisdiction of the appropriate Courts situated in New Delhi, India alone. By using the website, you consent to the jurisdiction and venue of New Delhi courts with respect to any such dispute.

DISCLAIMER

You acknowledge and undertake that you are accessing the services on the site and transacting at your own risk and are using your best and prudent judgment before entering any transactions through CMD. If you are dissatisfied with the Site, any Contents, or any of these Terms of Use, we would like to hear from you. However, your only legal remedy is to stop using the website. CMD does not warrant your use of the Site.
Last Update: 14/12/2021