Terms of Use

Please read the following terms of use very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).

By using any of our services you agree that you have read, understood, and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.

In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third-party service providers, and “we”, “us” and “our” shall mean Cody Impex Private Limited (OPC), its franchiser, affiliates, and partners.

This document is published by virtue of a legal requirement under the provisions of the Information Technology Act, 2000 that require ‘intermediaries’ to publish the rules and regulations, privacy policy, and terms for access or usage of our Website and is primarily governed by Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

We reserve the right to revise these terms at any time. Please re-visit the page “Terms of Use” on our Website to stay abreast of any changes that we may introduce. Your continued use of our services shall constitute your consent to such changes.

In the event of a conflict between these terms of service and any other terms governing the relation between the parties, these terms of service shall prevail.

INTRODUCTION:

1. 1. codyimpex.com is an Internet-based content and e-commerce portal operated by Cody Impex Private Limited (OPC), a company incorporated under the laws of India.
   2. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions, and notices contained in these Terms, as may be posted on the Website from time to time. codyimpex.com at its sole discretion reserves the 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 (a) immediately notify codyimpex.com 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. codyimpex.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2. For viewing the public content on the website you might not require login details, id or password, in those cases you would still be bound by these terms and conditions.

ELIGIBILITY TO USE THE SERVICE:

1. 1. This website does not cater to individuals less than 13 years of age, by using this website you represent that you are 13 years or older. That the website codyimpex.com does not intentionally collect personal information from children on our Website. codyimpex.com advises Parental discretion is advised for users in the age group of 13 to 18 years.
   2. Any person who shall be considered as incompetent to contract as per the provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the codyimpex.com (“User”).
   3. Any person using the Services and/or the Indirect Services on behalf of a proprietor/ partnership/ firm/ company represents and warrants that it is duly authorized to accept the Terms and Conditions and the Policies by the User and that such person has the authority to bind the User to these Terms and Conditions and the Policies

Services Offered:

1. 1. codyimpex.com provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to purchase aquarium products, gift articles, etc.(collectively, “Products”).
   2. All orders are subject to acceptance by Cody Impex Private Limited (OPC). We reserve the right to reject any order at any time without recourse. We also reserve the right to change the price at any time.
   3. Upon acceptance of the order by codyimpex.com, we shall ship the product to you and be entitled to its payment for the same. You will pay the charges incurred by you at the posted prices, including any applicable taxes.

PAYMENT TERMS

1. 1. You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with codyimpex.com to purchase the products using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the codyimpex.com using the Payment Facility.
   2. You represent and warrant that if you are purchasing something from codyimpex.com, that you may have the following options of payment:

i) NetBanking

ii) Debit Card

ii) Credit Card

iii) Cash on Delivery

iv) Wallets/UPI

iv) Other modes

You warrant that in case you are making the payment by Credit Card any credit information you supply is true and complete; charges incurred by you will be honored by your credit card company; and

1. 3. codyimpex.com reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Cody Impex Private Limited (OPC) or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
   4. codyimpex.com may do such checks as it deems fit before approving the receipt of/Buyer’s commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of codyimpex.com. As a result of such a check, if codyimpex.com is not satisfied with the credit-ability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay the Transaction Price.
   5. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
   6. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports the Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
   7. codyimpex.com reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service, or any other aspect of this site anytime in the future.

GENERAL TERMS FOR OFFERS AND PROMOTIONS:

1. 1. Discounts will be applied to the total merchandise value including GST and other applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied. Final charges after applying coupons and vouchers will be inclusive of product charges and as well as customization charges. The discount may not be applicable to Shipping cost.
   2. Only one credit note/gift coupon/coupon can be used per order unless otherwise stated.
   3. Discount coupons – Discount coupons may from time to time be offered to account holders; such coupons may only be applied to purchases made through the account to which the discount coupon was offered and registered. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, a combination of the two).
   4. Promotional discount coupons – We may from time to time offer promotional discount coupons which may apply in respect of any, or certain specified, purchases made through this Website.
   5. codyimpex.com shall introduce various offers, schemes, or contests at different times. The terms and conditions for such Contest shall be separately available on the Site.
   6. codyimpex.com reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in the market from time to time. codyimpex.com, at its discretion, can withdraw a particular scheme from the website or market.
   7. In case of any query pertaining to the use of coupon and/or credit note or regarding the schemes, please email customer care at support@codyimpex.com.
   8. While participating in any codyimpex.com contest you hereby agree to release and hold codyimpex.com (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, but not limited to reasonable attorneys’ fees, or arising out of or related to your participation in the said Contest.

COMMUNICATION:

By creating an account with codyimpex.com the user agrees that codyimpex.com may send you informational/Promotional text (SMS) messages and e-mail notifications as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages or e-mail notification from codyimpex.com at any time by sending an email to support@codyimpex.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages or e-mail notification may impact your use of the Services.

REWARD POINTS & REFERRAL PROGRAM:

codyimpex.com may from time to time introduce referral and/or incentive-based programs for its users (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Website terms. Further, codyimpex.com reserves the right to terminate/suspend the User’s account and/or credits/points earned and/or participation of the User in the Program if codyimpex.com determines in its sole discretion that the User has violated the rules of the Program and/ or has been involved in activities that are in contravention of the Program terms and/ or Site terms or have engaged in activities which are fraudulent/unlawful in nature. Furthermore, codyimpex.com reserves the right to modify, cancel, and discontinue its Program without notice to the User.

PRIVACY POLICY:

The User hereby consents, expresses, and agrees that he has read and fully understands the Privacy Policy of the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

DELIVERY:

Notwithstanding anything contained in the Shipping Disclaimer or in the Terms and Conditions, in the event the order is made to deliver through any courier agency or any third party, codyimpex.com does not make any representation or warranty in relation to the delivery of such order. The products will be delivered through other courier company and the delivery made by them are subject to the Terms and Conditions of such courier companies.

For products that are shipped using the services of our courier partners, the date of delivery is an estimate. Your order may be delivered a day prior or a day after the chosen date of delivery.

You acknowledge that the requested delivery date is non-binding. The estimated delivery date depends on the availability of the product and the destination to which you want the product to be shipped.

Our courier partners do not call prior to delivering an order, so we recommend that you provide an address at which someone will be present to receive the package.

The delivery cannot be redirected to any other address.

No deliveries are made by third party courier agencies on a Sunday and Public Holidays.

All courier orders are carefully packed and shipped from our warehouse. Soon after the order has been dispatched, you will receive a tracking number that will help you trace your order.

Courier partners sometimes have some delays due to holidays and strikes.

In case if the recipient is unavailable, we will attempt the delivery twice and in case the delivery location is incorrect or the recipient refuses to take the delivery, the delivery shall be deemed to have been made. The courier company will attempt to deliver the package twice before the parcel returns back to the point of origin.

In the event the delivery is not executed during the attempts, you shall still be charged for the order. We will consider the order executed in the below cases:

Wrong shipping/delivery address.Recipient not available. Premises locked. Recipient refusing to accept the delivery. In case if the recipient is not available, he/she can inform the delivery person to deliver the order to the gate/reception/neighbor.

DELIVERY AT REMOTE LOCATIONS AND TOWNS:

Orders can be delivered only in the cities mentioned in the List of Serviceable Cities. We can’t commit the exact time of delivery. The correct address and contact number is a must of the recipient for placing the order. No deliveries would be done on National Holidays. The delivery of the same would be done on the next working day. In case of floods/ heavy rains/ National Bandh/election dates/ curfews/ traffic jams/ festival times/regulated traffic movements or any other impediments that may restrict the delivery of the order. codyimpex.com reserves the right to reschedule the delivery to another date. The delivery of the products/items ordered will be attempted only once at the address as provided in the order received by codyimpex.com. In the event the delivery is not executed due to any reason whatsoever not attributable to codyimpex.com, the customer shall still be charged for the order and no redelivery or refund will be made by codyimpex.com. The order will be deemed executed and delivered in the following events:

Delivery not done due to the wrong address.Recipient not available. Premises locked. Wrong/incorrect phone or mobile or extension number / not working / no reply or not connecting /not reachable. Recipient refused the products. Delivered the product at the Gate/Reception/Neighbourhood.

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. Limited reproduction and copying of the content of the Website are permitted provided that codyimpex.com name is stated as the source and prior written permission of codyimpex.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, and unwarranted modification of data and information within the content of the Website is not permitted.

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:

1. 1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
   2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;
   3. 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;
   4. 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;
   5. Conduct or forward surveys, contests, pyramid schemes or chain letters;
   6. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
   7. 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;
   8. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
   9. Violate any applicable laws or regulations for the time being in force in or outside India; and
   10. 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.
   11. Might cause public outrage or inspire violence due to a recent event
   12. Have an overtly sexual connotation or tone, including strong sexual innuendo.

USER WARRANTY AND REPRESENTATION:

The user guarantees, warrants, and certifies that you are the owner of the content that you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights, or other rights of others. 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 codyimpex.com. All the images on the website are copyright protected and any form of reverse engineering, modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling will have legal consequences.

The user guarantees, warrants, and certifies that you are the owner of the content that you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights, or other rights of others. 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 codyimpex.com. User data and information provided may be shared by Cody Impex Private Limited (OPC) with its partners.

EXACTNESS NOT GUARANTEED:

codyimpex.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through the Website may have some variations compared to how it is visible on the Website. There may be 10% variations between the product as seen on the screen and the actual product due to the technical difference between how colors are represented on the screen and printed surface.

INTELLECTUAL PROPERTY RIGHTS:

1. 1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, com 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 codyimpex.com without obtaining authorization from codyimpex.com.
   2. 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 onto 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.

COPYRIGHTED MATERIAL FOR LIMITED USE:

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of codyimpex.com, and/or its subsidiaries (referred to herein as “codyimpex.com”) or the copyrighted property of parties from whom codyimpex.com has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. codyimpex.com reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

1. 3. codyimpex.com provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe on the rights of another party.

REVIEWS AND CONTENT GUIDELINES:

While we welcome your opinions and descriptions of your experiences, there are a few things we expect from every user on codyimpex.com.

Your reviews, as well as your profile and the comments you share, are all subject to Content Guidelines.

If your activity on codyimpex.com doesn’t match up to these content guidelines, we reserve the right to take action as we deem necessary. This could include altering or deleting your reviews or comments, or deleting your codyimpex.com account altogether, with or without notice. codyimpex.com also utilizes an algorithm to aid in removing suspicious reviews. If you feel your review was deleted in error, email us at support@codyimpex.com.

If you see content that does not align with these guidelines or our Terms of Service, please let us know. We will consider all reports. However, due to the diversity of our community, it is possible that content disagreeable to you might not meet the criteria to be removed.

LINKS TO THIRD PARTY SITES:

The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of codyimpex.com and codyimpex.com 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. codyimpex.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. codyimpex.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by codyimpex.com 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.

LIMIT OF CODYIMPEX.COM’S RESPONSIBILITY:

codyimpex.com will be responsible for acting only on those instructions sent to codyimpex.com that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. codyimpex.com is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. codyimpex.com is not responsible should you give incorrect instructions or if your credit card payment is not processed by your credit card company.

The information and materials contained in this Website, including text, graphics, links or other items, are provided “as is”, “as available”. codyimpex.com does not warrant the accuracy, adequacy, or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, or freedom from computer virus, is given in conjunction with the information and materials.

In no event will codyimpex.com be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if codyimpex.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

INDEMNIFICATION:

You agree to indemnify, defend and hold harmless codyimpex.com, 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 codyimpex.com, 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.

NOTICES:

You agree that codyimpex.com may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

TRANSFER OF TITLE:

The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Website.

JURISDICTIONAL ISSUES/SALE IN INDIA ONLY:

Unless otherwise specified, the material on the codyimpex.com is presented solely for the purpose of sale in India. codyimpex.com, make no representation that materials in the codyimpex.com, are appropriate or available for use in other locations/Countries other than India. Those who choose to access codyimpex.com, from other locations/Countries other than India do so on their own initiative and codyimpex.com, is not responsible for the supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

TERMINATION:

codyimpex.com may terminate these Terms and Conditions and the Policies and/or the Services hereunder for any reason including for reasons of breach of these Terms and Conditions, or any of the Policies on  codyimpex.com, or any other agreement between codyimpex.com, and the User in relation to the codyimpex.com. The User’s sole right to terminate these Terms and Conditions and the Policies is by not using the codyimpex.com, Platform and deleting its account with codyimpex.com

CONSEQUENCES OF TERMINATION:

Termination shall not affect any liabilities incurred by a User prior to the termination or for acts performed during the pendency of these Terms and Conditions and the Policies which may result in a dispute post-termination of these Terms and Conditions, nor any provision expressed to survive or to be effective on termination and the obligations set out in this Section shall remain in full force and effect notwithstanding termination. codyimpex.com and the User (where applicable) availing the Services provided by codyimpex.com, shall undertake to settle all outstanding dues to arising out of these Terms and Conditions and the Policies within 30 days of the termination taking effect.

GOVERNING LAW:

Court – Notwithstanding anything to the contrary, this agreement shall be governed by and construed exclusively in accordance with the laws of India. All claims and proceedings arising under this engagement shall be brought exclusively in the courts in Bengaluru, India, and Parties hereby consent to the personal jurisdiction therein.