Terms & Condition
General
The Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 mandates the rules and regulations, privacy policy and Terms and Conditions for access or usage of www.Skyseaoil.com website publishing. The terms and conditions published herein is an electronic record and is generated by a computer system and does not require any physical signatures.
The domain name www.Skyseaoil.com (hereinafter referred to as “Skyseaoil.com”) is owned by Yashuda Nand Gupta, a sole proprietor of HOLTEN KING.
The following terms and conditions will govern Purchaser’s use of the Skyseaoil.com. It will also govern enforceable services and tools to the Skyseaoil.com including the policies which are available. Incorporation of these are done herein by way of reference. If the purchasers transact on the Skyseaoil.com, they shall be subject to the policies that are applicable to the Skyseaoil.com for such transaction. The purchasers shall be impliedly contracting with Skysea by mere use of the Skyseaoil.com. By mere use of the Skyseaoil.com, these terms and conditions with all the policies constitute Purchaser’s binding obligations, with Skysea.
For the purpose of these Terms and Conditions, “Purchaser” shall mean any natural or legal person who has agreed to become a purchaser on the Skyseaoil.com by providing Registration Data while registering on the Skyseaoil.com as Registered Purchaser using the computer systems. To make purchases, the purchaser must be registered on the Skyseaoil.com, however, Skysea allows the purchaser to browse the Skyseaoil.com without registering on the Skyseaoil.com.
When The purchasers use, through the Skyseaoil.com, any of the services provided by Skysea including but not limited to, (e.g. Product Reviews), The purchasers will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and Conditions and shall be considered as part and parcel of this Terms and Conditions. Skysea reserves the right, at Skysea’s sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to The purchasers . It is Purchaser’s responsibility to review these Terms and Conditions periodically for updates / changes. Purchaser’s continued use of the Skyseaoil.com following the posting of changes will mean that The purchasers accept and agree to the revisions. As long as The purchasers comply with these Terms and Conditions, Skysea grant The purchasers a personal, non-exclusive, non-transferable, limited privilege to enter and use the Skyseaoil.com.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES PURCHASER’S AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms and Conditions, The purchasers also accept and agree to be bound by Skysea Policies (including but not limited to Privacy Policy etc.) as amended from time to time.
Eligibility
Only to persons who can form legally binding contracts under Indian Contract Act, 1872 are allowed usage of, and purchases at the Skyseaoil.com. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, un-discharged insolvents etc. are not eligible to use the Skyseaoil.com. If the purchasers are a minor i.e. under the age of 18 years, the purchasers shall not register on the Skyseaoil.com and shall not transact on or use the Skyseaoil.com. As a minor if the purchasers wish to use or transact on the Skyseaoil.com, such use or transaction may be made by Purchaser’s legal guardian or parents on the Skyseaoil.com. Skysea reserves the right to terminate Purchaser’s membership and / or refuse to provide the purchasers with access to the Skyseaoil.com if it is brought to Skysea’s notice or if it is discovered that the purchasers are under the age of 18 years.
All persons wishing to use, register on, and purchase at the Skyseaoil.com shall provide the following information –
a). Name,
b). Mobile Number or Email ID,
c). Pin Code (mandatory for Skyseaoil.com) &
d). Address.
Purchaser’s Account and Registration Obligations
If The purchasers use the Skyseaoil.com and register as a purchaser, The purchasers shall be responsible for maintaining the confidentiality of Purchaser’s Display Name and Password and The purchasers shall be responsible for all activities which occur under Purchaser’s Display Name and Password. The purchasers agree that if The purchasers provide any information that is untrue, inaccurate, not current or incomplete or Skysea has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms and Conditions, Skysea shall have the right to indefinitely suspend or terminate or block access of Purchaser’s membership on the Skyseaoil.com and refuse to provide The purchasers with access to the Skyseaoil.com.
Communications
When The purchasers use the Skyseaoil.com or send emails or other data, information or communication to us, The purchasers agree and understand that The purchasers are communicating with Skysea through electronic records and The purchasers consent to receive communications via electronic records from Skysea periodically and as and when required. Skysea may communicate with the purchasers by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication: The Skyseaoil.com is a platform that Purchasers utilize to discover Skysea products and to show interest in purchasing these products.
Henceforward
All commercial/contractual terms are offered by and agreed to between the purchasers and Skysea. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
The purchasers can take a close look at the Skyseaoil.com for a complete description of the products. In spite of Skysea doing its best to describe and present the articles being sold on the Skyseaoil.com as accurately as possible, some product characteristics may be altered slightly. Despite all precautions by Skysea, there may be inadvertent errors, and Skysea shall not under any circumstances be held liable should this arise. The photographs of products shown on the Skyseaoil.com are not contractually binding. Under no circumstances may Skysea be held liable on the basis of said photographs or description of the products being sold. Skysea also does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the products to be sold or offered to be sold or purchased on the Skyseaoil.com.
The purchaser shall be responsible for any non-performance or breach of any contract entered into between Purchaser and Skysea.
Skysea attempts to keep the elements mentioned on its Skyseaoil.com accurate and complete. In particular the information about pricing, specifications and in general case all information about Skysea’s products is subject to change without notice. It is possible that there could be errors or omissions in the information provided in this Skyseaoil.com. The information could also be incomplete. Skysea is not responsible for any errors, omissions or representations on any of Skysea’s pages or any links on any of Skysea’s pages.
Disclaimer: The prices displayed on products are expressed in Indian Rupees and shall include all taxes applicable by law. Product prices shall not include delivery charges, the cost of certain forms of packing or charges for certain optional services selected by the Customer. SKYSEA shall have the right to refuse or cancel any orders placed by the Customer. Pricing on any product(s) as is reflected on the Skyseaoil.com may be subjected to some technical issue, typographical error or product information published may be incorrectly reflected and in such an event Skysea may cancel Purchaser’s order(s).
The purchasers release and indemnify Skysea and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the purchasers of the Skyseaoil.com and specifically waive any claims that the purchasers may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Skysea cannot take responsibility or control the information provided by other Purchasers which is made available on the Skyseaoil.com. The purchasers may find other Purchaser’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Skyseaoil.com.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Unless otherwise specified explicitly, all Terms and Conditions entailed herein are enforceable to Purchaser’s visit or purchase at Skysea’s stores.
Charges
Membership on the Skyseaoil.com is free for purchasers. Skysea does not charge any fee for browsing and buying on the Skyseaoil.com. Skysea reserves the right to change its Fee Policy from time to time. In particular, Skysea may at its sole discretion introduce new services and modify some or all of the existing services offered on the Skyseaoil.com. In such an event Skysea reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Skyseaoil.com and such changes shall automatically become effective immediately after they are posted on the Skyseaoil.com. Unless otherwise stated, all fees shall be quoted in Indian Rupees. The purchasers shall be solely responsible for compliance of all applicable laws including those in India for making payments to Skysea.
Use of the Skyseaoil.com
The purchasers agree, undertake and confirm that following binding statements shall strictly govern Purchaser’s use of Skyseaoil.com:
The purchasers shall not upload, publish, host, display, modify, transmit, update or share any details, particulars, facts, figures, statistics, data, material, documentation or documents which:
belongs to another person and to which The purchasers does not have any right to is directly or indirectly harassing, obscene, pornographic, blasphemous, defamatory, invasive of another’s privacy, racially or/and ethnically objectionable, relating money laundering, or otherwise unlawful in any manner whatever; or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 threatens in any way to defame or/and harm Skysea is patently offensive to the online/offline community, such as sexually explicit content, or content promoting obscene, pornographic, blasphemous, racist or/and defamatory materials or physical/mental harm of any kind against any community, group or individual person involves the transmission of “spamming”or unsolicited mass mailing.infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, privacy rights (including without limitation unauthorized disclosure of a person’s name, email, physical address or contact mobile/phone number), third party’s copyrighted work or publicity rights promotes an unauthorized copy of third party’s or another person’s copyrighted work ( for instructions on complaining about uploaded copyrighted subjects/items/products or substance see “Copyright complaint” below), such as providing pirated computer programs/ pirated digital products including but not limited to Music/ video files or providing information to bypass manufacture-installed copy-protect devices. Skysea reserves the right to bar any such activity contains hidden, restricted or password-only access pages or images provides instructional, productional, promotional information about illegal or prohibited activities such as making or buying illegal weapons tries to gain unauthorized access or exceeds the scope of authorized access to the Skyseaoil.com or to profiles, blogs, communities, account information, or other areas of the Skyseaoil.com or solicits passwords or personal identifying information for commercial or unlawful purposes from other Purchasers. Skysea reserves the right to bar any such activity;
engages in direct or indirect, offer, attempt to offer, trade or attempt to trade in commercial activities and/or sales without Skysea’s prior written consent such as contest, barter, advertisement and network marketing/pyramid schemes, or the buying or selling of products related to the Skyseaoil.com. Throughout this Terms and Conditions, Skysea’s prior written consent means a communication coming from Skysea’s Legal Department, specifically in response to Purchaser’s request, and specifically addressing the activity or conduct for which The purchasers seek authorization interferes with another Purchaser’s use and enjoyment of the Skyseaoil.com or any other individual’s Purchaser and enjoyment of similar services;
refers to any website or link or URL that, in Skysea’s sole discretion, contains material that is inappropriate for the Skyseaoil.com or any other Skyseaoil.com, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions;
harm minors in any way infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent violates any law for the time being in force deceives or misleads the addressee/ Purchasers about the origin of such messages or communicates any information which is grossly offensive or menacing in nature impersonate another person contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, Ransomware ,worms, time bombs, cancel bots, email-based worm, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation shall not be false, inaccurate or misleading shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force shall not create liability for Skysea or cause Skysea to lose (in whole or in part) the services of Skysea’s internet service provider (“ISPs”) or other suppliers
The purchasers shall not use any automatic device including but not limited to “deep-link”, “page-scrape”, “robot”, “spider”, or other, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Skyseaoil.com or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Skyseaoil.com or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Skyseaoil.com. Skysea reserves the right to prevent, restrict or stop any such activity.
The purchasers shall not attempt to gain unauthorized access or exceeds the scope of authorized access to any portion or service of the Skyseaoil.com, or any other systems connected to the Skyseaoil.com including but not limited to any server, computer, or to any of the services offered on or through the Skyseaoil.com, by hacking or any other illegitimate means.
The purchasers shall not probe or test the vulnerability of the Skyseaoil.com or any server, computer, network or to any of the services connected to the Skyseaoil.com nor breach the security or identity or profile authentication arrangements on the Skyseaoil.com or any other connected network to the Skyseaoil.com. The purchasers shall not trace any information about any other Purchaser of or customer or visitor to Skyseaoil.com, or any other customer, including any profile account on the Skyseaoil.com not owned by The purchasers , to its source, or exploit the Skyseaoil.com or any service, product or information made available or offered or linked by or through the Skyseaoil.com, in any way where the purpose is to disclose and/or reveal any data and/or information, including but not limited to personal identification data or information, other than Purchaser’s own information data, as given for by the Skyseaoil.com.
The purchasers shall not make defamatory statement(s) or comment(s) about Skysea or the brand name or the domain name used by Skysea including but not limited to the terms “Skysea”, “Skyseaoil.com”, or otherwise engage in any conduct or activity that might taint or defame the image or reputation of Skysea on platform or otherwise taint or dilute any Skysea’s trade or service marks, trade name and/or reputation connected with such trade or service marks, trade name as may be owned or used by the Skysea. The purchasers agree that they will not take any conduct, activity or action that imposes an unwarranted unreasonable or disproportionately large load on the infrastructure, networks, and/or systems of the Skyseaoil.com or any systems, arrangements or networks connected to Skysea.
The purchasers agree not to use any device, machine, tool, software, computer program or activity to interfere or attempt to interfere with the proper activity and functioning of the Skyseaoil.com or any transaction being done on the Skyseaoil.com, or with any other individual’s use of the Skyseaoil.com.
The purchasers may not forge or manipulate headers or otherwise forge or manipulate identifiers in order to disguise and misrepresent the origin of any message or transmission of such message The purchasers send to Skysea, on or through the Skyseaoil.com or any service offered on or through the Skyseaoil.com. The purchasers shall not pretend that they are, or that they represent, someone else, or impersonate any other person or entity.
The purchasers shall not use the Skyseaoil.com or any material for any purpose that is unlawful, invalid, restricted or prohibited by these Terms and Conditions, or to promote the performance of any illegal activity or other activity which infringes the rights of Skysea and / or others.
The purchasers shall ensure at all times, the full compliance with the provisions of the Information Technology Act, 2000 as applicable and the applicable rules and regulations thereunder and as amended from time to time and also all the Domestic laws, Statutes, Ordinances and regulations (including any applicable Exchange Control laws, rules and regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies) applicable regarding Purchaser’s use of Skysea’s service and Purchaser’s listing, purchase, solicitation of offers to purchase, and sale of products or services. The purchasers shall not engage in any transaction in a product or service, which is prohibited by any applicable laws, Statutes, Ordinances and regulations for the time being in force.
To enable Skysea to Solely use the information supplied by The purchasers to Skysea, so that Skysea is not infringe any rights The purchasers might have in Purchaser’s Information, The purchasers agree to provide Skysea an irrevocable, non-exclusive, perpetual, sub-licensable (through multiple tiers) worldwide, royalty-free right to exercise the copyright, database rights, publicity, or any other rights The purchasers have in Purchaser’s Information, in any media now known or not currently known, with respect to Purchaser’s Information. Skysea will only use Purchaser’s information in accordance with the Terms and Conditions and Privacy Policy applicable to use of the Skyseaoil.com.
The purchasers shall be responsible to up keeping the providing data and information relating to the products proposed to be sold by Skysea. In this connection, The purchasers undertake that all such data and information shall be secured and protected in all the respects. The purchasers shall not taint and defame the characteristics and reputation of such products or services so as to mislead other Purchasers in any manner.
The purchasers shall not advertise, or solicit other Purchasers of the Skyseaoil.com to buy any item, including, but not limited to, items or services being displayed or related to the Skyseaoil.com or related to us. The purchasers shall not send any junk chain mails or unsolicited commercial email to other Purchasers via the Skyseaoil.com. It shall be a violation of these Terms and Conditions to use any data obtained from the Skyseaoil.com in order to harass or harm another person, or in order to contact, advertise to or sell to another person without Skysea’s prior explicit consent. In order to protect Skysea’s Purchasers from such advertisements or solicitation, Skysea reserve the sole discretionary right to restrict the number of messages or emails which a Purchaser may send to other Purchasers in any Twenty Four (24) hours period which Skysea deems appropriate. The purchasers completely understand that Skysea have the right to disclose any information (including the identity of the persons providing information or materials on the Skyseaoil.com),at all times, as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, the information disclosure in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order, writ or subpoena. In addition, Skysea can (and The purchasers hereby expressly authorize Skysea to) disclose any information about The purchasers to law enforcement agencies and officials or other government officials, as we, in Skysea’s sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
Skysea reserves the right, but has no obligation, to monitor the products and contents posted on the Skyseaoil.com. Skysea shall have the right, in Skysea’s sole discretion, to remove or edit any material that violates, or is alleged to violate, any applicable provisions of laws or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, THE PURCHASERS REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATTERS THE PURCHASERS POST ON THE SKYSEAOIL.COM AND IN PURCHASER’S PRIVATE MESSAGES. Skysea, in no event, shall assume or have any liability or responsibility for any Content of the material posted by another Purchaser or for any claims, damages or losses resulting from use of Content of the material and/or appearance of Content of the material on the Skyseaoil.com. The purchasers hereby represent and warrant that the content of the material the purchasers publish on the Skyseaoil.com shall not infringe any proprietary or other rights of Skysea or any third parties or contain any defaming, tortious, or otherwise unlawful information.
Purchaser’s communication, correspondence or business dealings with, or agreement or participation in promotions of, advertisers found on or through the Skyseaoil.com, including payment and delivery of related products or services, and any other terms, conditions, warranties, agreements or representations associated with such dealings, are solely between The purchasers and such advertiser. For any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Skyseaoil.com, Skysea shall not be responsible or liable in any way.
It is possible that other Purchasers (including unauthorized Purchasers or “hackers”) may upload, post or transmit prohibited, offensive, defamatory, sexually explicit or obscene materials on the Skyseaoil.com and that The purchasers may be involuntarily exposed to such materials. It also is possible for others to obtain personal information about The purchasers due to Purchaser’s use of the Skyseaoil.com, and that the recipient may use such information to harass or injure The purchasers . Skysea does not approve of such unauthorized uses, but by using the Skyseaoil.com The purchasers fully acknowledge and agree that Skysea is not responsible in any event for the use of any personal information that The purchasers publicly disclose or share with others on the Skyseaoil.com. Please very carefully select the type of information and the data that The purchasers publicly disclose or share with others on the Skyseaoil.com.
Skysea shall have all the rights in its sole discretion, to take necessary action and claim damages that may occur due to Purchaser’s involvement/participation in any way on Purchaser’s own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Unless such right is expressly granted to the purchaser in writing by Skysea, the purchasers shall not have the right to resell any of the products purchased from Skyseaoil.com.
Skysea reserves the right to restrict the sale of goods and/or services.
Contents Posted on Skyseaoil.com
In relation to the products and services offered on the Skyseaoil.com, the text, graphics, Purchaser interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is Skysea generated content.
Without Skysea’s express prior written consent and except as expressly provided in these Terms and Conditions, no part of the Skyseaoil.com and no Content may be republished, copied, encoded, reproduced, translated, transmitted, uploaded, posted, publicly displayed, or distributed in any way (including “mirroring”) to any other website, server, computer, or other medium for publication or distribution or for any commercial usage.
The information on products and services purposely made available on the Skyseaoil.com for downloading may be used by The purchasers, provided that The purchasers
(1) do not deletes or remove any proprietary notice language in all copies and files of such information documents,
(2) use such information for personal, non-commercial informational purpose of the Purchaser only and do not copy or upload such document, content and information on any networked computer and device or broadcast it in any platform or the media ,
(3) make no modifications to any such document, content and information, and
(4) do not produce any additional representations or warranties relating to such document, content and information.
The purchasers shall be responsible for any profiles, notes, images, videos, audio files, messages, photos, drawings, emails, billboard postings, opinions, ideas, or other materials or information posted or transmitted to the Skyseaoil.com (collectively, “Content”). Such Content will become Skysea’s property and The purchasers grant Skysea the worldwide, perpetual and transferable rights in such Content. Consistent with Skysea’s Privacy Policy as adopted in accordance with applicable law, Skysea shall be entitled to any type of use, forever, the Content or any of its elements, including but not limited to promotional and advertising purposes and in any media or platform whether now known or hereafter devised, including the creation of derivative works that may include the Content The purchasers provide. The purchasers shall agree that any Content the purchasers post may be used by Skysea, consistent with Skysea’s Privacy Policy and Rules of Conduct on Site as mentioned herein, and The purchasers are not entitled to any payment or other compensation for such use.
Privacy
Protection of Purchaser’s privacy is a very important principle in the Skysea vision. The purchasers and Purchaser’s Personal Information is one of Skysea’s most important assets which Skysea clearly understands. Skysea stores and process Purchaser’s Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Privacy Policy Page shows Skysea’s current Privacy Policy. The purchasers are requested not to use Skyseaoil.com if The purchasers object to Purchaser’s Information being transferred or used in this way.
Skysea may share personal information with Skysea’s other corporate entities and affiliates and which then, may market to the purchasers as a result of such sharing unless the purchasers explicitly opt-out.
Skysea may disclose personal information to third parties to facilitate the purchasers access to Skysea’s Services, to comply with Skysea’s legal obligations with rules and regulations, to enforce Skysea’s Purchaser Agreement and other Terms and Conditions mentioned, to facilitate and support Skysea’s marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to Skysea’s Services. Without Purchaser’s explicit consent, Skysea does not disclose Purchaser’s personal information to third parties for their marketing and advertising purposes.
Skysea may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. Skysea may disclose personal information and data to law enforcement agencies and offices, owners of third party rights, or others in the good faith belief that such disclosure is reasonably necessary to: enforce and apply Skysea’s Terms or Privacy Policy; respond to claims and petitions that an advertisement material, posting or other content violates the third party’s rights; or protect the rights, property or personal safety of Skysea’s Purchasers or the general public at large.
Should Skysea (or assets of Skysea) plan to merge with, or be acquired by another business entity, or re-organization, restructuring or amalgamation of business takes place , Skysea and affiliates of Skysea will share and/or transfer some or all of Purchaser’s personal information with another business entity. The other business entity (or the new combined entity), should such a transaction occur, shall follow this Privacy Policy with respect to personal information of the Purchaser.
Disclaimer of Warranties and Liability
This website, that is Skyseaoil.com, all the items and products (including but not limited to software) and services, included on or otherwise made available to The purchasers through Skyseaoil.com are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Skysea does not warrant that:
a) This Skyseaoil.com will be constantly available, or available at all.
- b) The information on this Skyseaoil.com is complete, accurate or non-misleading.
Skysea shall not be liable to The purchasers in any way or in relation to the Contents of, or their use of, or otherwise in direct or indirect connection with, the Skyseaoil.com. Skysea does not warrant that this website; information, graphics, Content, materials, items, product (including software) or services included on or otherwise made available to The purchasers through the Skyseaoil.com; their networks and servers; or electronic communication including but not limited to emails sent from Skysea are free of viruses or other harmful components.
Nothing on Skyseaoil.com constitutes, or is meant to constitute, advice of any kind. Different state laws govern all the Products sold on Skyseaoil.com and due to implications of different state laws, if Seller is unable to deliver such Products, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to The purchasers .
Entering a valid phone number by the purchaser will be required while placing an order on the Skyseaoil.com. By registering Purchaser’s valid phone number with Skyseaoil.com, The purchasers consent to be contacted by Skysea via phone/telephonic calls and/or SMS and/or communication via application based platforms, in case of related updates about any order or shipment or delivery. Purchaser’s personal information will not be used by Skysea to initiate any promotional phone calls or SMS notifications or communication via application based platforms, unless the purchasers has consented to the same. Further, the purchasers shall have the option to use email, phone call or application based communication platforms to contact Skysea for any queries, grievances,complaints and feedback, subject to the availability of the features.
Payment
While availing any of the payment and transactions method/s available at the Skyseaoil.com, Skysea will not be responsible or assume any liability, directly or indirectly, whatsoever in respect of any loss or damage arising directly or indirectly to The purchasers due to:
a) Lack of authorization for any transaction/s, or
b) Any payment issues arising out of the transaction,, or
c) Exceeding the pre-set limit mutually agreed by The purchasers and between “Bank/s” or
d) Decline of transaction for any other reason/s.
All the payments made against the purchases/services on Skyseaoil.com by the purchasers shall be compulsorily in Indian Rupees (INR) acceptable in the Republic of India. Transaction with respect to any other form of currency with respect to the purchases made on Skyseaoil.com will not be facilitated by Skyseaoil.com.
Skysea may request the purchasers to provide supporting documents (including but not limited to Government issued ID and local or permanent address proof), before shipping or delivering Purchaser’s order to the purchasers, to establish the ownership of the payment instrument used by the purchasers for Purchaser’s purchase. This is done to provide a safe online transaction and shopping environment to Skysea’s Purchasers.
Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bi partite contractual obligations between Purchaser and Skysea and Payment Facility is merely used by the purchaser and Skysea to facilitate the completion of the Transaction.
Skysea or its service providers are specifically authorized by The purchasers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Purchasers in respect of transactions through Payment Facility. Purchaser’s relationship with Skysea is on a principal to principal basis.
The purchasers understand, accept and agree that the Payment Facility provided by Skysea is neither a banking nor a financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Skyseaoil.com using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Skysea is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Skysea does not provide any credit facilities.
All prices displayed on the Skyseaoil.com are final and no further discounts or facilities are available for any customer
Payment Facility for Purchasers
The purchasers understand that upon initiating a Transaction the purchasers are entering into a legally binding and enforceable contract with Skysea to purchase the items and products using the Payment Facility (a mechanism to pay through debit or credit card, cash, or online medium), and the purchasers shall pay the Transaction Price through Purchaser’s Issuing Bank to Skysea using Payment Facility.
The purchasers may agree with Skysea through electronic communication platforms and electronic records and using the automated features as may be provided by Payment Facility on any extension or increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension or increase of Dispatch and/or Delivery time or subsequent novation or variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
The purchasers shall electronically notify Payment Facility using the appropriate Skyseaoil.com features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non notification by The purchasers of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash on Delivery transactions, Purchaser is not required to confirm the receipt of products or services.
The purchasers shall be entitled to claim a refund of the Transaction Price (as Purchaser’s sole and exclusive remedy) in case The purchasers do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case the purchasers do not raise a refund claim using Skyseaoil.com features within the stipulated time than this would make The purchasers are ineligible for a refund.
The purchasers understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence The purchasers may not be entitled to a refund in respect of the Transactions for those products and /or services.
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
Refund shall be conditional and shall be with recourse available to Skysea in case of any misuse by Purchaser.
Refund shall be subject to Purchaser complying with Policies.
Skysea reserves the right to impose limits on the number of Transactions or Transaction Price which Skysea may receive from on an individual Valid Credit or Debit or Cash Card or Valid Bank Account and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India (RBI) to provide enabling support facility for collection and remittance of payment or by an individual Purchaser during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
Skysea reserves the right to refuse process Transactions by Purchasers with a prior history of questionable charges including without limitation breach of any agreements by Purchaser with Skysea or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
Skysea may do such checks as it deems fit before approving the receipt of/Purchasers commitment to pay (for Cash On Delivery transactions) Transaction Price from the purchaser for security or other reasons at the discretion of Skysea. As a result of such check if Skysea is not satisfied with the creditability of the purchaser or genuineness of the Transaction or Transaction Price, it will have the right to reject the receipt of or Purchasers commitment to pay Transaction Price.
Skysea may delay notifying the payment confirmation i.e. delay to Dispatch, if Skysea deems suspicious or for Purchasers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Skysea may hold Transaction Price and Skysea may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Purchaser) at the request of law enforcement officials or in the event the purchaser is engaged in any form of illegal activity.
The purchaser and Seller acknowledge that Skysea will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Skysea.
Compliance with Laws
Purchaser shall comply with all the applicable laws, Statutes, Ordinances and regulations for the time being in force, (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Income Tax Act, 1961, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Customs Act, and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Prevention of Money Laundering Act, 2002, and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Skysea Skyseaoil.com.
Purchaser’s arrangement with Issuing Bank
All Valid Credit or Debit or Cash Card and/or 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 purchaser and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the purchasers . All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Purchaser and the respective Issuing Bank.
Replacement Policy
Warranty: The purchaser undertakes to take all the necessary measures to preserve in good condition all the products ordered.
Term: Most of the Skysea products are covered by a warranty specified on the product or its packaging or by Skysea at the time of sale. However, this warranty shall not apply in the case of natural wear and tear of the product, damage caused by negligent use of the product, or by use in a manner for which the product was not intended.
The 10 Day Replacement Guarantee seeks to assist Purchasers who have received defective goods due to purchase on the Skyseaoil.com. If at the time of delivery and/or within 10 days from the date of delivery of the product/s, if any defect is found, then the purchaser of the product/s can ask for replacement of the product/s from Skysea subject to the following terms and conditions: a. Notify Skysea of any defects in the product/s at the time of delivery of the product/s and/or within 10 days from the date of delivery and the same product/s will be replaced in return of the defective product/s.
Replacement can be for the entire product/s or part/s of the product subject to availability of the same with Skysea. Following products shall not be eligible for return or replacement:
a). Damages due to misuse of product;
b). Incidental damage due to malfunctioning of product;
c). Any consumable item which has been used/installed;
d). Products with tampered or missing serial/UPC numbers;
e). Digital products/services;
f). Any damage/defect which are not covered under the Skysea warranty policy; g). Any product that is returned without all original packaging and accessories, including the box, packaging if any, and all other items originally included with the product/s delivered;
On Clothing, and footwear, Skysea accepts 10 day exchange subject to the following conditions: a). Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way. b). Original tags and packaging should be intact. For items that come in packaging, the box should be undamaged. c). Damaged or defective clothing and footwear products are covered by the 10 Day Replacement Guarantee.
If Skysea has suspicion or knowledge, Skysea may while reserving its rights to initiate civil and/or criminal proceedings against person who are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, may also at its sole discretion suspend, block, restrict, cancel the Display Name of such purchaser and /or disqualify that Purchaser and any related Purchasers from availing protection through this program.
Against a Purchaser who, files an invalid and/or false claims or provides false, incomplete, or misleading information, Skysea reserves its right to initiate civil and/or criminal proceedings. In addition to the legal proceedings as aforesaid, Skysea may at its sole discretion restrict, block, suspend, cancel the Display Name, and its related Display Names, of such Purchaser and/or disqualify that Purchaser and any related Purchasers from availing protection through this program. Any person who, files a Fraudulent Complaint containing false, incomplete, or misleading information, knowingly and with intent to injure, defraud or deceive, may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
Profanity Policy
Skysea prohibits the use of language that is hateful, racist, sexual or obscene in nature in a public area.
This policy extends to all the areas of the site that another Purchaser may view including but not limited to text within listings, on Seller pages . If the profane words are part of a title for the item being sold, Skysea will ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:
a) Report offensive language in a listing or otherwise &
b) Report offensive Display Names
Please review Skysea’s feedback removal policy and submit a request for action/removal, if a feedback comment; or any communication made between Purchasers on the Skysea.com; or email communication between Purchasers in relation to transactions conducted on Skyseaoil.com contain profanity.
Disciplinary action may result in the indefinite suspension of a Purchaser’s account, temporary suspension, or a formal warning.
Skysea will consider the circumstances of an alleged policy violation and the purchaser’s trading records before taking action.Violations of this policy may result in a range of actions, including:
a) Limits placed on account privileges;
b) Account suspension;
c) Loss of special status.
Indemnity
The purchasers shall indemnify and hold harmless Skysea, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers ,directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Purchaser’s breach of this Terms and Conditions, Privacy Policy and other Policies, or Purchaser’s violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Skysea is not responsible for injury to person, or the damage or loss of personal items, occurring at the premises, play grounds and parking area of Skysea.
Applicable Law
Terms and Conditions shall be governed by and interpreted and construed in accordance with the Indian Laws. The place of jurisdiction shall be exclusively in Katni.
Jurisdictional Issues/Sale in India Only
The material on the Skyseaoil.com is presented solely for the purpose of sale in India, unless otherwise specified. Skysea make no representation that materials in the Skyseaoil.com are appropriate or available for use in other locations or Countries other than India. Those who choose to access this site from other locations or Countries other than India do so on their own initiative and Skysea is not responsible for supply of products or refund for the products ordered from other locations or Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Intellectual Property
Skysea is the owner of all the rights of intellectual property attached to the products ordered by the purchasers . Skysea reserves the right to proceed to the necessary formalities with the aim of their protection on the Territory. Skysea undertakes to the purchasers a non-exclusive right of use on the brands and Protected Elements owned by Skysea. The purchaser recognises the existence and validity of the brand of Skysea’s products and undertakes never to challenge their validity, registration and use in the Territory. The purchaser undertakes not to derive any right from the use of Skysea’s products and undertakes never to attempt to register, directly in his name or indirectly by a third party, any identical or confusingly similar brand or internet domain name that may infringe Skysea’s brand identity or constitute unfair competition. In case the purchaser applies for or uses any identical or similar trademark or domain name to Skysea’s products, they shall immediately take all necessary actions, at their own expense, to cancel or transfer the infringing trademarks or domain names to Skysea upon Skysea’s first demand. The purchasers undertake to inform and to immediately notify Skysea of illicit imitation and more generally of any unfair competition practices based on the Protected Elements.
Trademark, Copyright and Restriction
This site is controlled and operated by Skysea and products are sold by Skysea. All material on this site, including but not limited to images, grahics, illustrations, audio clips, and video clips, are protected by intellectual property rights. Material on Skyseaoil.com is solely for Purchaser’s personal, non-commercial use. The purchasers must not copy, republish, upload, reproduce, post, transmit or distribute such material in any way, including by email or other electronic mediums or platforms and whether directly or indirectly and The purchasers must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment and setup or use of the items or materials for any purpose other than personal, non-commercial use is a violation of the intellectual property rights and proprietary rights, and is prohibited. Commercial use for the purposes of this clause is any use for which The purchasers receive any remuneration, whether in money or otherwise.
IPR complaint
In case The purchasers feel that an IPR has been infringed, The purchasers can write to Skysea at info@holtenking.com
Product Description
Skysea does not warrant that Product description or other content of this Skyseaoil.com are completely accurate, complete, current, or error-free and assumes no liability in this regard.
Limitation of Liability
IN NO EVENT SHALL SKYSEA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS AND CONDITIONS, EVEN IF PURCHASER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Contact Us
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Skyseaoil.com at info@holtenking.com or phone number +917003415463
Replacement
Definition: Replacement is the action or process of replacing something in place of another. A Purchaser can request for replacement whenever he is not happy with the item, for reasons like product damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.
Points to be noted:
a. Skysea may accept the return irrespective of the policy.
b. Skysea reserves the right to reject a replacement request.
Purchaser need to raise the replacement request within 10 days from the date of delivery of products. Once Purchaser has raised a replacement request by contacting Skysea on the number or on the website link provided on the Skyseaoil.com or the product. Once the replacement request has been raised, the following steps shall be followed:
Purchaser is asked for “Reason for Return”. Among others, the following are the leading reasons:
• Shipping was damaged
• Item was defective
• Item(s) were missing
• Wrong item sent
An intimation must be provided to Skysea seeking either “approval” or “rejection” of the replacement request.
In case Skysea accepts the replacement request, Purchaser shall be required to return the product to Skysea and only after return of the product, Skysea shall be obliged to provide the replacement product to the purchaser.
In case Skysea doesn’t have the product at all, Skysea can provide the refund to the purchaser and Purchaser shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.
All shipping and other replacement charges shall be borne and incurred by the purchaser (if applicable).
Cancellations
Purchasers can cancel your order online before the product/item has been shipped. In this case The purchaser’s entire order amount will be refunded. In case the product/item the purchasers have ordered has been shipped but has not yet been delivered to the purchaser, the purchaser may still cancel the order online or by calling on the number +917003415463. The purchaser’s refund will be processed once Skysea receives the originally ordered item back from the courier. Unfortunately, an order cannot be cancelled once the item has been delivered to the purchaser.
In order to Cancel the order, the purchaser can login to the Skyseaoil.com and click on Return/Exchange/Cancel order link in My Account section. Enter the order details and submit. Once Skysea receives the request, Skysea will initiate the cancellation request.
Shipping charge will be refunded only if the entire order is cancelled. However for a partial cancellation,
Skysea does not have a refund for the shipping charge.
Disputes (Resolutions) Policy
Overview: Generally, transactions are conducted smoothly on the Skyseaoil.com. However there may be some cases where both the purchasers and Skysea may face issues. Skysea’s Dispute Resolution Process is as follows – in case dispute arises between the purchasers and Skysea, both Parties shall make all attempts to mutually and amicable dispute resolution. Failure to do so shall give the aggrieved Party the right to institute appropriate proceedings under the scope of law.
What is a ‘dispute’? A ‘Dispute’ can be defined as a disagreement between a Purchaser and Skysea in connection with a transaction on the Skyseaoil.com.
How does a ‘dispute’ occur in the Marketplace?
a) disagreement between the purchaser and Skysea results in dispute filing. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint or issue.
b) It is important that before a Purchaser/Skysea raises a dispute, they should attempt to solve the complaint or issue.
How is a ‘dispute’ created? Whenever there is a disagreement, the aggrieved purchaser can write to info@holtenking.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.
What are the various types of ‘disputes’? Following are the indicative examples of potential disputes:
a) Wrong item received
b) Seller Description/Specification Wrong
c) Item Not as described
d) Part or Accessory missing
e) Item not Compatible
f) Damaged or Seal broken on items or Product
g) Defective (Manufacturing defects)
h) Product not working
i) Skysea claims invalid Invoice
j) Payment not received
Disputes via Chargeback: Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
a) Item not as described – meaning item is not what Purchaser expected.
b) Item not received CB – Purchaser hasn’t received the item. Refund will be created in accordance with the dispute policies
c) Unauthorized CB – Purchaser hasn’t made this particular transaction. Refund will be created in accordance with the dispute policies.
d) Dispute will be decided in accordance with the dispute policies. e) Skysea expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of Skysea.
Email Abuse & Threat Policy: Private communication, including email correspondence, is not regulated by Skysea. Skysea encourages its Purchasers to be professional, courteous and respectful when communicating by email. However, Skysea will investigate and can take action on certain types of unwanted emails that violate Skysea policies. Such instances:
a) Threats of Bodily Harm – Skysea does not permit Purchasers to send explicit threats of bodily harm.
b) Misuse of Skysea System – Skysea allows Purchasers to facilitate transactions through the Skysea system, but will investigate and probe any misuse of this service.
c) Spoof (Fake) email – Skysea will never ask the purchasers to provide sensitive information through email. In case the purchasers receive any spoof (fake) email, the purchasers are requested to report the same to Skysea through ‘Contact Us’ tab.
d) Spam (Unsolicited junk or chain emails or Commercial email) – Skysea’s spam policy applies only to unsolicited commercial messages sent by Skysea Purchasers. Skysea Purchasers are not allowed to send spam messages to other Purchasers.
e) Offers to Buy or Sell Outside of Skysea – Skysea prohibits email offers to buy or sell listed products outside of the Skysea Skyseaoil.com. Offers of this nature are a potential fraud risk for both Purchasers and Skysea.
f) Skysea policy prohibits Purchaser-to-Purchaser threats of physical harm and/or abuse via any method including, phone call, SMS, email and on Skysea’s public message section,
Violations of this policy may result in a range of actions, including:
i) Limits on account privileges
ii) Account suspension
iii) Cancellation of listings
iv) Loss of special status
Other Businesses
Skysea does not take any responsibility or liability for any activity, actions, products, items, content and services on the Skyseaoil.com, which are linked to Affiliates and / or third party websites using Skyseaoil.com’s APIs or otherwise. In addition, the Skyseaoil.com may provide links to the third party websites of Skysea’s affiliated companies and certain other businesses for which, Skysea assumes no responsibility for examining, probing, investigating or evaluating the products and services offered by them. Skysea do not warrant the offerings of, any of these business entities or individuals or the content or products of such third party website(s). Skysea does not endorse, in any way, any third party website(s) or content thereof.
