Term & Conditions

Please go through the following terms and conditions very cautiously as your use of service is subject to your recognition of and obedience with the below mentioned terms and conditions ("Terms").

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

In these Terms, references to "User", "you"shall mean the end user accessing the Website, its contents and using the Services offered via the Website, "Service Providers" indicate independent third party service providers, and "our", "we" and "us" shall mean Ultimate Sports Private Limited and its affiliates.
Introduction:

1. a) The website https://Woodpeckor.com/ is an Internet based content and e-commerce portal owned and operated by Woodpeckor (India) Ltd., a company incorporated under the laws of India.
2. b) Use of the Website is offered to you conditioned on acceptance without alteration of all the terms, conditions and notices limited in these Terms, as may be posted on the Website from time to time. Woodpeckor at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason there of.

User Account, Password, and Security:

Upon completing the Website's registration process you will get a password and account designation. You are liable for maintaining the privacy of the account and password, and are fully accountable for all activities that take place under your password or account. You agree to (a) right away notify Woodpeckor of any unauthorized use of your password or account or any other violation of security, and (b) ensure that you exit from your account at the end of each session. Woodpeckor cannot and will not be legally responsible for any damage or loss arising from your failure to comply with this Section 2.

Services Offered:

Woodpeckor provides numerous Internet-based services via the Web Site. One such service allows users to buy original sports merchandise for instance shoes, racquets, apparel, balls, accessories etc from Woodpeckor brands. Upon placing order, Woodpeckor shall ship the product to you and be permitted to its payment for the Services.

Privacy Policy:

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

Limited User:

The User undertakes and agrees not to turn around modify, engineer, distribute, copy, display, transmit, perform, publish, reproduce, license, create derivative works from, transfer, or sell any software or information attained from the Website. Limited copying and reproduction of the content of the Website is permitted on condition that Woodpeckor name is stated as the source and before written permission of Woodpeckor is required. For the elimination of doubt, it is elucidated that copying of the content for commercial or non-commercial purposes, unlimited or wholesale reproduction and unwarranted modification of data and information within the content of the Website is not allowable.

User Conduct and Rules:

You undertake and agree to use the Website and the Service only to post and upload messages and material that are correct. By way of example, and not as a restraint, you agree and undertake that when using a Service, you will not:

1. a) Post, publish, upload, disseminate or distribute any unsuitable, disrespectful, insulting, obscene, infringing, offensive or illegal name, topic, information or material;
   b) Insult, harass, abuse, threaten, stalk or otherwise infringe the lawful rights of others;
   c) Upload files that include software or other material safeguarded by intellectual property laws unless you control or own the rights thereto or have received all essential consents;
   d) Infringe any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained somewhere else here.
   e) Conduct or forward contests, surveys, chain letters or pyramid schemes;
   f)  Download any file posted by another user of a Service that you recognize, or sensibly should know, cannot be lawfully distributed in such manner;
   g) Infringe any applicable laws or policies for the time being in force in or outside India;
   h) Falsify or erase any author attributions, lawful or other proper notices or labels or proprietary designations of the origin or source of software or other material contained in a file that is uploaded;
   i)  Upload or hand out files that contain corrupted files, viruses, or any other related software or programs that may harm the operation of the Website or another's computer;
   j)  Infringe any code of conduct or other guidelines, which may be appropriate for or to any particular Service;

User Warranty and Representation:

The user certifies, warrants, and guarantees that you are the owner of the content which you submit or else endorsed to use the content and that the content does not break upon the intellectual property rights, property rights or other rights of others.

You further deserve that to your knowledge, no suit, action, investigation, or proceeding has been threatened or instituted relating to any content, comprising trade name service mark, trademark, and copyright previously or at present used by you in connection with the Services rendered by Woodpeckor.

Exactness Not Guaranteed:

Woodpeckor hereby denies any guarantees of accuracy as to the finish and look of the final Product as ordered by the user. The quality of any Services, products, information, or other material obtained or purchased by you through the Website may not meet your expectations.

Alterations to definite aspects of your order for instance the merchandise size, brand, color etc. may be necessary because of limitations caused by availability of product dissimilarity in size charts of individual brands etc. In this case you agree that Woodpeckor will send a consent request via the email address which you submitted when placing your order.

If you do not agree with the necessary change you retain the right to refuse the requested production change by replying to it in 10 days of it being sent to you. Woodpeckor may re-appeal that you accept a production alteration one additional time if a substitute method to send your merchandise is available. If you refuse this 2nd request your order will be cancelled and you will be fully compensated via your first method of payment.

Intellectual Property Rights:

1. a) Unless or else indicated or anything restricted to the contrary or any proprietary material owned by a third party and so specifically mentioned, Woodpeckor owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, patents, related rights, trademarks, utility models, service marks, trade names, designs, trade secrets and inventions, know-how, source code, goodwill, text, databases, graphics, content, hyperlinks, and icons. You admit and agree that you shall not reproduce, use or distribute any content from the Website belonging to Woodpeckor without obtaining authorization from Woodpeckor.
2. b) In spite of the previous, it is specifically clarified that you will keep hold of ownership and shall exclusively be responsible for any content that you offer or upload when using any Service, including any data, text, images, information, photographs, sound, music, video or any other material which you may store, upload or transmit when making use of our various Service. But, regarding the product customization Service you specifically agree that by posting and uploading content on to the Website for public viewing and use / reproduction of your content by third party users, you agree to the User whereby you grant a non-select license for the use of the same.

Links to Third Party Sites:

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Woodpeckor or the Website and Woodpeckor is not accountable for the contents of any Linked Site, including without restraint any link contained in a Linked Site, or any updates or changes to a Linked Site.
Woodpeckor is not accountable for any form of transmission, whatsoever, received by you from any Linked Site. Woodpeckor is providing these links to you only as a convenience, and the inclusion of any link does not entail support by Woodpeckor or the Website of the Linked Sites or any association with its owners or operators comprising the legal assigns or heirs thereof. The users are demanded to confirm the accuracy of all information on their own prior to undertaking any dependence on such information.

Limitation of Liability / Disclaimer of Warranties:

Woodpeckor has endeavored to make sure that all the information on the Website is accurate, but Woodpeckor neither warrants nor makes any representations in regards to the accuracy, quality or totality of any information, data, Service or product. In no event shall Woodpeckor be accountable for any indirect, direct, incidental, punitive, consequential, special damages or any other damages resulting from:
(a) The utilization or the incapability to use the Services;
(b) Illegal access to or modification of the user's data or transmissions;
(c) Any other material relating to the services; comprising, damages for loss of use, without limitation, profits or data, arising out of or in any way connected with the use or performance of the Service or Website.
Neither shall Woodpeckor be accountable for the inability or delay to use the Website or related services, the provision of or failure to offer Services, or for any information, products, software, services and related graphics collected via the Website, or else arising out of the use of the website, whether based on tort, contract, negligence, strict liability or otherwise.

In addition, Woodpeckor shall not be held accountable for non-accessibility of the Website during episodic maintenance operations or any unintentional suspension of access to the website that may take place because of technical reasons or for any reason beyond Woodpeckor control.

The user agrees and understands that any material and/or data downloaded or else obtained through the Website is done completely at their own discretion and risk and they will be exclusively responsible for any damage to their loss of data or computer systems that results from the download of such material and/or data.

Indemnification:

You agree to defend, indemnify and hold risk-free Woodpeckor from and against any and all liabilities, losses, claims, damages, expenses and costs asserted against or incurred by Woodpeckor that come up out of, result from, or may be owed by virtue of, any breach or non-presentation of any warranty, representation, agreement or covenant made or obligation to be performed by you pursuant to these Terms.

Pricing:

Prices for products are explained on our Website and are included into these Terms by reference. All prices are in Indian rupees. Products, prices and Services may change at Woodpeckor discretion.

Shipping:

Risk of loss and title for all products ordered by you shall pass on to you upon Woodpeckor shipment to the shipping carrier.

Termination:

1. a) Woodpeckor may terminate or suspend your use of any Service or Website if it believes, in its exclusive and complete discretion that you have violated a term of these Terms.
   b) These Terms will stay alive until further notice unless and until Woodpeckor decides to end them.
   c) If you or Woodpeckor terminates your use of the Website or any Service, Woodpeckor may delete any content or other materials associating to your use of the Service and Woodpeckor will have no legal responsibility to you or any third party for doing so.
   d) You shall be legally responsible to pay for any product or Service that you have already prepared till the time of Termination by either party whatsoever. Moreover, you shall be entitled to your royalty payments as per the User License Agreement that has or is lawfully deemed accumulated to you.

Report Abuse:

As per these Terms, users are accountable for every material or content uploaded on to the Website. Woodpeckor does not review the contents in any way prior to they come out on the Website. Woodpeckor does not endorse, verify or otherwise promise for the contents of any user or any content usually posted or uploaded on to the Website.

Users can be held lawfully accountable for their contents and may be held lawfully answerable if their material or contents comprise insulting comments or material protected by trademark, copyright, etc.