Terms & Conditions
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The "Indiger.com" website ("website") is operated by DIRECT ADVERT MEDIA, LLC. Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below ("Terms and Conditions"). The Terms and Conditions govern your use of the website and the materials and information accessible on or from the website. You should read the Terms and Conditions now. Indiger.com reserves the right to amend the website and the Terms and Conditions at any time and from time to time without notice to you. Your continued use of the website after any amendment to the Terms and Conditions constitutes an agreement by you to abide and be bound by the Terms and Conditions, as so amended. Your use of the website means you accept these Terms and Conditions. You must not access, browse or use this website unless you agree to be bound by the Terms and Conditions set out below. If you do not agree with these Terms and Conditions you must not visit or use the website.
Any order placed by you in the manner described on this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on this website at the time you place your order. Indiger.com reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. The rejection of any offer by Indiger.com is at the sole discretion of Indiger.com. Your contract with Indiger.com only comes into existence when Indiger.com forwards to you confirmation of receipt of your order and payment.
All prices displayed on the website, including but not limited to prices of products and services and delivery and other charges, are quoted in American Dollars and are current at the time of issue, but may change at any time without notice and are subject to availability. Any changes to prices displayed on the website are at the sole discretion of Indiger.com.
SALES TAX AND OTHER TAXES
Prices displayed on this website are inclusive of Sales Tax (New York only) applied at the rate of 8.25%.
You are responsible for the payment of any and all taxes, duties, charges, imposts or other liabilities imposed by any government agency, government taxation agency or other government body, including without limitation, any customs duty, any additional GST payable or any value added tax imposed on any products or services acquired or ordered by you from this website.
Please read the Delivery Information contained in the website. The delivery times are indicative only and Indiger.com will not be liable for any failure to observe these delivery times.
RISK AND TITLE
Indiger.com will retain title to the products you order until you have made payment in full for those products but all risk in the products will pass to you upon the delivery of the products to, or the collection of the products by, a postal or courier service. You should consider whether to obtain any suitable insurance in respect of the products.
OUT OF STOCK POLICY
The most important thing to keep in mind when ordering is that our stock balances fluctuate throughout the day with sales demand and stock that we receive from the manufacturers. Items are constantly being sold and our stock is constantly being replenished. If an item is "Out of Stock", we can special order the item for you and ship it as soon as we get it. Most items ship within 2-4 weeks. Just because the item you ordered is NOT identified as out-of-stock does not necessarily mean that it will be in-stock at the moment you order it. We will notify you if the item you ordered is out-of-stock. We first try to reply via email and give you 3-7 days to reply. If we have not heard from you we will then try to call you at the numbers you provide with your order. Be sure to give us your current email address and phone number. Some items are listed for sale on our web site that have not been released from the manufacturer yet. We place these items on the web site so that consumers may pre-order the items. Preorders are reserved with payment up front on a first come, first served basis. Be advised that prepaid orders always get priority for delivery. Many out-of-stock items are excellent products and are available for purchase, but we do not always stock these items in inventory. We will be happy to special order these items for you in a timely fashion. Again, most items ship within 2-4 weeks.
The circumstance in which Indiger.com is obliged to make a Refund (if at all) is detailed in its Refunds Policy.
LIMITATION OF LIABILITY
Indiger.com will in no way be liable for any direct, indirect, incidental, special or consequential loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Indiger.com or related entities of DIRECCT ADVERT MEDIA have been advised of the possibility of such loss or damage.
You agree that your access to, and use of, this website is subject to these Terms and Conditions and all applicable laws, and is at your own risk. While the information and material contained on the website is believed to be accurate and current, it is provided by Indiger.com in good faith on an "as is" basis. Indiger.com, related entities of DIRECT ADVERT MEDIA and the directors, officers and employees of DIRECT ADVERT MEDIA accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the website. Any reference to products or services on this website is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Indiger.com. Indiger.com expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, or non-infringement of intellectual property rights relating to information or materials accessible from or on this website. Indiger.com shall not be liable to you for any damage resulting from use of or reliance on the materials or information on the website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Indiger.com is expressly advised of the possibility of such loss or damage.
By using this website and agreeing to these Terms and Conditions, you agree to indemnify Indiger.com "DIRECT ADVERT MEDIA" and its employees, officers, agents, shareholders and other persons involved in the creation of this website and hold "DIRECT ADVERT MEDIA" and its employees, officers, agents, shareholders and other persons involved in the creation of this website harmless against all loss, actions, proceedings, costs (including legal costs), expenses, claims, penalties, fines, expenses, costs and damages arising from or in relation to any breach by you of these Terms and Conditions, your access and/or use or exploitation of the website or reliance on its contents or information received through it by yourself or any person accessing any content through the website and as a result of any use or exploitation by you of any material posted by any third party or any other website, or both. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches.
DIRECT ADVERT MEDIA, LLC is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. You must not in any form or by any means:
1. copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this website;
2. perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information or material on this website without the specific prior written consent of Indiger.com;
3. alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this website which can be accessed through this website; or
4. use or apply, for commercial purposes any material or information on this website, without the prior written consent of Indiger.com.
All trademarks, brand names appearing on this website are the property of their respective owners.
Nothing contained on this website is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.
You should not send any information or material that you consider to be confidential or proprietary, to Indiger.com or any other person, through this website. Any information or material sent to Indiger.com at, or through this website, is deemed to be not confidential. You are deemed to grant to Indiger.com an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this website. Indiger.com is free to use any ideas, concepts, know-how or techniques that you send to Indiger.com, for any purpose.
LINKS AND THIRD PARTY STATEMENTS ON THIS WEBSITE
The website contains links to websites not maintained, controlled or associated with Indiger.com. Indiger.com makes no endorsements, representations or warranties about any other website which you may access through this website ("Other Website"). When you access an Other Website, that Other Website is independent from this website, and Indiger.com has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of this website. Other Websites are not under the control of Indiger.com, and Indiger.com is not responsible for the accuracy of any information on any Other Website. Indiger.com does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from this website is free from viruses, worms, Trojan horses and other material of a destructive nature.
Indiger.com will not monitor or review statements made by persons other than Indiger.com ("Third Parties") on this website. Third Parties may post statements or information on some portion of this website, from time to time ("Third Party Posted Material"). Indiger.com makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. Indiger.com expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, Indiger.com is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this website, the use of any other hyper linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Indiger.com has been expressly advised of the possibility of such loss or damages.
You must indemnify and keep indemnified Indiger.com in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.
Indiger.com does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Indiger.com will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Indiger.com, it shall be limited to the cost of re-supplying that information.
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the state of New York, USA. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New York, USA.
This website may be accessed throughout USA and overseas. Indiger.com makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside USA. If you access this website from outside USA, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.
LIMITATION ON USE
Indiger.com may revise or alter these terms and conditions at any time. Revisions and alterations will be posted on this website. Users are responsible for reviewing this website from time to time to ensure compliance. If Indiger.com makes a request to you to stop using this website or to promptly return or destroy copies of information provided on this website, you must immediately comply with that request, and confirm in writing to Indiger.com within five (5) business days after that request, that you have done so.
Any indemnity, agreement, representation or promise provided by you to Indiger.com as set out in these Terms and Conditions shall be taken to be an indemnity, agreement, representation or promise also provided by you to the employees, officers, agents and shareholders of Indiger.com and any related entity of Indiger.com in relation to this website.