Last Updated: September 11, 2014
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This Website is a business and commercial site. As such, it is not intended for children or minors under the age of 18 years without the permission of a parent or guardian However, since we have no way of knowing that the site is being accessed by someone who is underage we are not responsible for purchases made under pretext of an adult and claims to refunds subsequently.
PRODUCT & SERVICES INFORMATION
All references on this Website to information, materials, products, and services apply to information, materials, products and services available in India with respect to such information only, unless otherwise stated. Nothing in this Website constitutes an offer to buy or sell our products or services in any jurisdiction.
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Columbia, Columbia Sportswear Company, Columbia Interchange System, Columbia River Lodge, Bugaboo, Bugabootoo, Cyberpack, Delta Hunter, Interchange, Tough Mother, GRT, Omni-Dry, Omni-Freeze, OmniGrip, OmniShield, OmniShade, Omni-Tech, PFG, PHG, Skeeter Beeter, Storm Dry, Techlite, Tested Tough, Timberwolf, and Titanium, along with the Columbia diamond, three arrow circle – and the PHG logos, and other product or service names, logos and slogans of Columbia that may appear on this web site, are trade-marks or registered trade-marks of Columbia Sportswear Company or its subsidiaries in the United States, Canada and other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Columbia or the applicable trade-mark holder. You may not use any metatags or any other hidden text utilizing Columbia or any other name, trade-mark or product or service name of Columbia or its subsidiaries without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trade-mark and/or trade dress of Columbia and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trade-marks, registered trade-marks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trade-mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
RESPONSIBILITY FOR USER-GENERATED CONTENT POSTED ON OR THROUGH THIS WEBSITE
- monitor all User-Generated Content;
- require that you avoid certain subjects;
- remove or block any User-Generated Content at any time without notice at our sole and absolute discretion;
- terminate your access to and use of this Website, or to modify, edit or block your transmissions thereto in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of User-Generated Content you post, and that you will retain ownership thereof as described above.
- upload, post, transmit or otherwise make available any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
- any User-Generated Content that constitutes or encourages activity illegal under criminal or civil law;
- any User-Generated Content that is false, misleading, or fraudulent;
- any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
- any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
- any request for or solicitation of any personal or private information from any individual;
- any request for or solicitation of money, goods, or services for private gain;
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- violate any local, state, national or international law, rule or regulation.
REMOVAL OF USER-GENERATED CONTENT
Although we do not claim ownership of User-Generated Content you post using this Website, the Feedback you provide to us through this Website will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
LINKS TO OTHER SITES
This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a website that is not ours does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites. Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, WHICH ARE PROVIDED FOR USE AS IS AND ON AN AS AVAILABLE BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. The information and all other materials on this Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
EXCLUSION OF LIABILITY
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. 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.
MODIFICATION AND DISCONTINUATION
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.
SEVERABILITY AND NON-WAIVER
Notwithstanding any other provision set forth herein, we shall not be liable for any failure or delay in performance due to any cause beyond our reasonable control, including, but not limited to, any act of war or civil disturbance/unrest, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, strikes, lockouts, work stoppages or other labour difficulties, supplier failures, unavailability of materials, rights of way or governmental acts. Provided, however, that we shall use commercially reasonable efforts to correct such failure or delay in performance to the extent possible in the circumstances.
LAWS & JURISDICTION
We care about our customers and thus in order to provide for speedier solutions to any of your concerns we have provided for a Grievance Redressal Mechanism. In case of any problems in dealing with us, please write in to us at email@example.com with subject reading as Grievance Redressal. Our Grievance Redressal officer shall get back to you as soon as possible to in case any of any doubts. Grievance Redressal officer shall endeavor to resolve and decide on the issue within a period of 30 days of receiving the entire facts of the matter from your end. In case you are not satisfied with the Grievance Redressal officer’s decision, you can send in an appeal to our E commerce Specialist by writing in at firstname.lastname@example.org within a period of 30 days from the date of the Grievance Redressal Officer’s decision.
GENERAL TERMS AND CONDITIONS FOR PARTICIPATION IN THE “CIRL – EBC TREK” CONTEST:
- This contest is being conducted by Chogori India Retail Ltd., (“CIRL”).
- You being the Participant may participate in the “CIRL – #Everest Base Camp” contest (said “Contest) by logging on columbiasportswear.co.in or Myntra(App/Desktop) or Jabong(App/Desktop) and fulfilling 2 contest requirements therein. The Participant(s) shall (i) Register his/her details on the landing page and (ii) answer the question, winner will be selected as per the terms hereof by lucky draw which shall be conducted solely by CIRL.
- By registering for the said Contest and/or sharing the posts/tweets, the Participant(s) is deemed to have accepted the terms hereof and agrees that the same shall be binding upon him/her unconditionally. The winner is deemed to have read these terms and conditions and is deemed to have understood the same. You acknowledge and understand that all terms and conditions mentioned on our website columbiasportswear.co.in also form part of this agreement.
- The said Contest shall be from on 1st September 2018 till 7th September 2018. No entry shall be considered after 11:59:59 hours on 7th September 2018 (GMT + 5:30).
- The Participant(s) shall be at least 18 years old or above at the time of participation.
- The said Contest is open to all residents of India.
- The winner(s) will be chosen by CIRL. The said process shall entirely be at the discretion of CIRL and the same is not open to challenge by any person whomsoever.
- The prize is an Everest Basecamp Trek and the winners assume full responsibility for this. CIRL in no way will be liable in case of any mishaps leading to injury/death. The Basecamp trek may be called off at any point of time whether before or after declaration of winning participant due to weather conditions or any other reasonable cause whatsoever as per sole discretion of CIRL. CIRL shall not be liable for any claims by any person whatsoever in such an event.
- You acknowledge that your personal information including but not limited to your personal details and photographs/ videos may be used by CIRL for its promotion marketing purposes and you do not raise any objection to the same.
- The prizes may not be redeemed for cash, in whole or part, exchanged for any other item or transferred to any other person. Each winner is responsible for possessing all necessary ID, visa and other documents required for travel.
- Travelling/Air fare costs and any other costs incurred by the winners aside from the prize shall be borne solely by the winners and CIRL shall not be liable.
- All qualified entries will go into a lucky draw and thereafter be selected by lucky draw, not on the basis of number of entries.
- All the winners shall share his/her travel experience images/pictures which will be displayed on the official website of Columbia Sportswear India& CIRL and shared on social media channels of Columbia Sportswear India and CIRL.
- CIRL does not take responsibility for failure to avail the prize due to inaccurate information provided by the participant.
- CIRL reserves the right to replace any winner/s if he/she is disqualified by CIRL and/or does not acknowledge its prize within one week of declaration thereof by CIRL.
- The Prize/s are Non-refundable, Non–Transferable and not exchangeable for cash, credit and/or kind either in part or in full except at the sole and absolute discretion of CIRL and no alternate Prize shall be available. The Prize/s cannot be sold or bartered in any manner whatsoever.
- CIRL may amend, suspend, withdraw, cancel or re-set the Contest for any reason whatsoever at its sole discretion and at any time.
- CIRL’s decision in relation to all matters affecting the said Contest is final, conclusive and binding on all participants and no correspondence whatsoever in that regards shall be entertained and CIRL’s decision in relation to all matters affecting the Contest cannot be contested and/or challenged in any forum or before any authority whatsoever.
- CIRL reserves the right, in their sole discretion, to disqualify any individual found to be tampering with the participation process or the operation of the said Contest or the said website / weblink, to be in violation of the Conditions of Access of the said website / Weblink, or to be acting in violation of the Information Technology Act or any other law or regulation.
- CIRL shall not be liable if any participants or contestants are not able to access the said websites or weblink for any reasons whatsoever.
- The Participant(s) agrees to provide complete and correct information in respect of his/her identity, contact details etc. The information so provided is deemed to be voluntarily supplied during the course of your participation in the above Contest and /or personal information provided by the winner/s as non-confidential, which hereby discharges all obligations of confidentiality. CIRL shall be free to reproduce, use, disclose and distribute the information to third parties without limitation and/or send SMS and mailer communication at their discretion.
- The Participant(s) must ensure that the information provided is authentic and accurate, and shall not contain any unauthorized third-party information. The Participant(s) who provide inaccurate and incorrect information shall be solely responsible for any losses and damages suffered by CIRL and/or its representatives and/or any third party. The Participant(s) shall be disqualified if the information provided is false, inaccurate and incorrect. CIRL is not liable in any manner whatsoever for the failure of prize notification to winners due to inaccurate and incorrect information.
- The Participant(s) hereby indemnify and keep indemnified CIRL saved and harmless against all claims made by any parties whomsoever and demands made by any authorities whomsoever for any submissions made on Facebook/or any other media channel which are derogatory/defamatory/obscene in nature.
- All rights, titles and interests, including but not limited to the Intellectual Property Rights, in the said contest and/or the said article and/or the said story shall vest solely and exclusively with CIRL at all times. CIRL or any person or entity permitted by CIRL in this regard shall be entitled to use any information in connection with the entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and or payment to the Participant(s). All material submitted in connection with the contest (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film taken of Participants are assigned to CIRL upon submission and become the property of CIRL exclusively. CIRL may use the material in any medium in any reasonable manner it seems fit. Copyright in any such material remains the sole property of CIRL.
- Entry and participation in the said contest is deemed unconditional acceptance of these terms and conditions including any modifications there to (“Terms and Conditions”). The decisions of CIRL shall be final and binding in all matters related to the said contest. Further, the contestant(s)/ Participants recognize that these Terms and Conditions may be modified from time to time without any prior/public notice by posting the applicable terms and conditions on the said Website. CIRL also reserves the right to cancel or terminate the said contest at any stage without assigning any reasons whatsoever. Successfully entering the Contest and winning a prize is subject to all requirements set forth herein
- All participants who will be entering their contact details agree to receive promotional SMSs/E-mailers from CIRL.
- Nothing contained herein amounts to a commitment or representation by CIRL to conduct further or other such contests.
- CIRL accepts no liability for any errors or omissions, whether on behalf of itself, its representatives or any third parties.
- Each individual can be granted only one contest prize each.
- CIRL shall not be liable for any loss, damages, costs, charges etc. to anyone whosoever under this agreement except specifically mentioned herein.
- 32.In case any of the winner decides not to go on the trek after he has received Columbia gear, the goods received by him would be considered sold and he would be liable to pay for the same on MRP. This is in addition to any other rights and remedies that CIRL would have against him. In case of participants other than winners, such as influencers, RJs, journalists etc. the liability will be theirs or of their employers.
- All the participants need to get adequate mandatory health insurance done recommended by CIRL at their own cost before going on the trek. CIRL shall under no circumstances cover any part of this liability and thus the insurance cover should be adequate.
- All the participants need to get mandatory medical test done recommended by CIRL at their own cost to be able to go on the trek.
- All the raw content generated by the participants will have to be shared with Columbia without any exceptions.
- 35. Columbia will exclusively have all the rights to use all images/ video/other content generated by all the participants.
- All the participants need to sign a waiver on the gear collection event which will be provided by Columbia before going on trek.