TERMS AND CONDITIONS


TERMS & CONDITIONS

Introduction 

Welcome to www.newtheoryclothing.com, the official website of Kryjer Sportswear Pvt Ltd, having their registered office at 14/122A, PPN Market Parade, Kanpur Uttar Pradesh 208002, for manufacture and distribution of the NEW THEORY® brand clothing accessory for Men and Women in India. This website www.newtheoryclothing.com (“Website”) is owned and operated by Kryjer Sportswear Pvt Ltd. Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions ("Terms") since the Terms constitute a binding contract between you and us. By entering into this Website, subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. If you want to ask us anything about these Terms or have any comments or complaints on or about our Website, please email us at admin@newtheoryclothing.com  (Mon to Sat 11 AM to 7 PM).

The Terms are effective upon acceptance and govern the relationship between you and us including the sale and supply of any Product(s) on our Website. In the event the Terms conflict with any other document / policy / content on our Website, the Terms will prevail over them, for the purposes of usage of the Website. If you do not agree to be bound by the Terms and the Privacy Policy, you may not use our Website in any way and should exit immediately.

The terms & conditions set out in this Website may be altered / amended from time to time depending on the policies of Kryjer Sportswear Pvt Ltd and the prevailing market conditions. We request you to read and understand them as often as possible as it may not be possible for Kryjer Sportswear Pvt Ltd to intimate you on every change that occurs in these terms & conditions.

  1. Description of Services
    In the Site, New Theory provides end users with access to products online. Upon subscribing to our newsletters we shall be entitled to send you regular updates via email regarding our product offerings.
  1. General
    This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of New Theory, and New Theory shall not be responsible for any data lost while transmitting information on the internet. While it is New Theory's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of New Theory, access to the Site may be interrupted, suspended or terminated from time to time. New Theory shall have the right at any time to change or discontinue any aspect or feature of www.newtheoryclothing.com, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, New Theory may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
  1. Modified Terms
    New Theory reserves the right at all times to discontinue or modify any of the Terms and Conditions and/or the Privacy Policy as may be deemed necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms and Conditions and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and Conditions and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms and Conditions and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon New Theory's posting thereof. Any use of New Theory by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.
  1. License and Site Access
    New Theory grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting 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; any action that imposes or may impose (in New Theory's sole discretion) an unreasonable or disproportionately large load on New Theory's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by New Theory to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by New Theory.
  1. New Theory Usage Eligibility
    Service is not available to persons under the age of 18 or to any End Users suspended or removed from the system by New Theory for any reason. End Users may not have more than one active account. Additionally, End Users are prohibited from selling, trading, or otherwise transferring their www.newtheoryclothing.com account to another party. If you do not qualify, you may not use the www.newtheoryclothing.com Service or the Site.
  1. Your Account
    In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services or goods under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or New Theory has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, New Theory has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify New Theory immediately of any unauthorized use of your account or any other breach of security. New Theory reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
  1. Equipment
    End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. New Theory shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
  1. End User conduct
    This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the "Microsites") are private property. All interactions on this Site and/or the Microsites must comply with these Terms and Conditions. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without New Theory's express prior, written approval, contains advertising or any solicitation with respect to Products or services. Any conduct by an End User that in New Theory's exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with New Theory. 
    The foregoing provisions of this Section 8 apply equally to and are for the benefit of New Theory, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  1. Monitoring
    New Theory shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by New Theory, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, New Theory shall have the right to remove any material that New Theory, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
  1. License Grant
    By posting communications on or through this Site, End User shall be deemed to have granted to New Theory a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.
  1. Personal Information
    In order to purchase Products from the Site, you will need to provide your details prior to making a purchase or at Checkout. As an account holder you are required to provide New Theory with accurate personal information. Provision of another person's details as your own will not be deemed acceptable. 
    Any personal information collected by New Theory shall not be disclosed to any third party unrelated to the New Theory business unless such a disclosure is authorised or required by law, or you have expressly consented to such a disclosure. Please also see the Privacy Policy in this regard.
  1. Credit Card Information
    Credit card information collected for the purpose of payment of Product(s) purchased at New Theory will be stored securely using a 128 bit Secure Socket Layer ("SSL") technology. Credit card information will be masked on your account and will not be visible to New Theory Customer Service operators. You agree, understand and confirm that the credit card details provided by you for availing of services on New Theory will be correct and accurate and you shall not use the credit card which is un-lawfully owned by you, thus you must not pay or attempt to pay for Product(s) using fraudulent credit card information. You further agree and undertake to provide the correct and valid credit card details to New Theory. 

    Further the said information will not be utilized and shared by New Theory with any third parties unless required for fraud verifications or by law, regulation or court order. New Theory will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively yours.
  1. Pricing Information
    We strive to provide you with the best prices possible on Product(s) you buy from New Theory, however, New Theory does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice. 

    While New Theory strives to provide accurate Product and pricing information, pricing or typographical errors may occur. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, New Theory may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. New Theory will have the right to modify the price of the Product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that New Theory accepts your order the same shall be debited to your credit card account. The payment may be processed prior to New Theory dispatch of the Product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
  1. Cancellation by New Theory
    Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
  1. Cancellations by the Customer
    In case of requests for order cancellations, New Theory reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed. New Theory has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by New Theory and accept New Theory's decision regarding the cancellation. New Theory also reserves the right to cancel your order in case of:
  • Problems identified by our credit and fraud avoidance department.
  • Inaccuracies or errors in Product or pricing information.
  • Limitations on quantities available for purchase.

We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be returned back in your Credit Card Account. If you'd like to discuss cancelling an order, email us at admin@newtheoryclothing.com or talk to our customer support.

  1. Fraudulent /Declined Transactions
    New Theory reserves the right to recover the cost of products, collection charges and lawyer’s fees from persons using the Site fraudulently. New Theory reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions.
  2. Color
    New Theory has made all attempts to exhibit the colors of the products that appear on the Site as accurately as possible. However, New Theory do not guarantee any change in color as seen by you owing to the actual colors of your monitor/screen and further does not guarantee that your monitor's display of any color will be accurate.
  1. Disclaimer of Warranty
    New Theory does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than New Theory, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site. 
    Under no circumstance will New Theory be liable for any loss or damage caused by an end user's reliance on information obtained through the site or a linked site, or end user's reliance on any product or service obtained from a linked site. It is the responsibility of the end user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
  1. Limitation of Liability
    New Theory will not be liable for short delivery or defective products unless a claim is notified by you in writing within 28 days of dispatch in accordance with Return and Exchange Terms. The notification must include the invoice number, and details of the claim. New Theory will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this agreement by reason of any event or circumstance outside the reasonable control of New Theory, (including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God. The Site is provided devoid of any warranties or guarantees. The End User must bear the risks associated with the use of the Site. New Theory will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience as a result of the use of the site. This disclaimer constitutes an essential part of this T&C. www.newtheoryclothing.com or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the site, its services or this T&C up to the maximum permissible limit under the applicable law. Without prejudice to the generality of the section above, the total liability of New Theory to you for all liabilities arising out of this T&C under any applicable law is limited to the order value of the product ordered by you. New Theory, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the site or that the operation of the site will be error free and/or uninterrupted. Consequently, New Theory assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the site; and/or any interruption or errors in the operation of the site. You expressly understand and agree that New Theory and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if New Theory has been advised of the possibility of such damages), resulting from use of the site, sale and supply of products content or any related goods and services. 

    This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this \agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
  1. Indemnity
    You agree to indemnify and hold New Theory (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this End User Agreement or arising out of violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this T&C.
  1. Severability
    If any of the Terms shall be deemed void, invalid or unenforceable for any reason, that condition shall be deemed several and shall not affect the enforceability of any remaining provision.
  1. Customer Communication
    New Theory will communicate with you about your order and the purchased product through any of the mode using email, SMS and telephone or all of them or any other mode. Account holders must provide a valid email address and contact telephone and/ or mobile number to New Theory for this purpose. 

    When you use the Site or send emails to New Theory, you are communicating with New Theory electronically. You consent to receive communications from New Theory electronically. 
    You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  1. Site-Provided Email and Postings
    The site may provide End Users with the ability to send email messages to other End Users and non-End Users and to post messages on the site. New Theory is under no obligation to review any messages; information or content ("Postings") posted on the site by End Users and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, 
    New Theory may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
  • Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
  • Advertisements or solicitations of any kind.
  • Impersonate others or provide any kind of false information.
  • Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
  • Messages by non-spokesperson employees of New Theory purporting to speak on behalf of New Theory or containing confidential information or expressing opinions concerning New Theory.
  • Messages that offer unauthorized downloads of any copyrighted or private information.
  • Multiple messages placed within individual folders by the same End User restating the same point.
  • Chain letters of any kind.
  • Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to
  • Using  www.newtheoryclothing.com invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
  • Using www.newtheoryclothing.com to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and
  • Sending messages to distribution lists, newsgroup aliases, or group aliases.
  1. Links
    The Site or third parties may provide links to other World Wide Web sites or resources. Because New Theory has no control over such sites and resources, you acknowledge and agree that New Theory is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that New Theory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
  1. Access to Password Protected/Secure Areas
    Access to and use of password protected and/or secure areas of the Site is restricted to authorized End Users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
  1. Modifications and Notification of Changes
    New Theory reserves the right to make changes to the Site, related policies and agreements, this T&C and the Privacy Policy at any time.
  1. Trademarks
    The trademarks, logos and service marks ("Marks") displayed on the Site are the property of New Theory and other respective persons. End Users are prohibited from using any Marks for any purpose including, but not limited to use as meta-tags on other pages or sites on the World Wide Web without the written permission of New Theory or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. End Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
  1. Billing
    The price of our merchandise is inclusive of the taxes. New Theory reserves the right to collect taxes for shipping charges wherever applicable.
  1. Returns
  • General Retail
    New Theory has put no-hassle procedures to ensure that you can buy from us in confidence and return the item. In case you are not happy with the order you have received or you found some issue in the quality/size or colour of the item, please inform customer care immediately of this issue so we can arrange for return shipping. Products returned must be unused, unworn, unwashed and undamaged by you. 

    In case of delivered items, if you want a different size or color, contact customer care to organize the return of your purchase. Once the return process is complete, you can re-order the size/color of your choice. Return of Products will be accepted only if they are returned in their original packaging and within 15 days of purchase. Products must be returned inside their original packing to avoid Rs.100 re-stocking fee. 

    Please note that we do not accept returns on items valued at Rs. 300 or less.
  • Goods sold at discount ("Sales Event")
    A Product on Sale shall be available for a limited duration of time and such Products will be available at a discounted price. Any return/refund of any Products sold through Sales shall be subject to the availability of the Product as well as at our sole discretion. To return an item, the customer must write to us at admin@newtheoryclothing.com , a prompt response is assured to such mails. Items and packaging must be unused, unworn, unwashed and undamaged by you. Goods will only be accepted if they are returned in their original packaging, and the invoice to our address.
  • How to Return
    Don't like it??? Return it!!!
  1. Refund Clause
    Refund will be made in the following way: Contact the Customer Care department to get details of the refund policy.
  • If the payment was by Credit Card or Net-Banking, we will refund the Credit Card or Net-Banking account.
  • If the payment made was Cash on Delivery, we will send a cheque.

Please allow 10-15 business days after receiving the product for any refund to appear in your credit card account. Please note that depending on your credit card company, it may take additional 2-10 business days after your credit is applied to your account. 

If you placed the order using COD, we shall dispatch a cheque within 10-15 business days. 

Cheques will be sent only to the billing address of the customer. The refund process will be initiated once we have received the product(s). Typically, refunds are processed in less than 10 (ten) working days but in case of payments by Cheque, it may take a few extra days for the cheque to be delivered to your billing address. 

  1. Delivery & Shipping Charges
    New Theory endeavors to deliver the Products to customers within 3-7 working days from the day of purchase of product made by you, depending upon the shipping location. However, the duration of delivery of products can extend up to a period of 10 days from the day of purchase made by you depending on customer location. Delivery time to the end user is subject to factors beyond our control ("Force Majeure Event") including unexpected travel delays from our courier partners and transporters due to weather conditions and strikes. New Theory will not be liable for any loss or expenses sustained by the End User arising from any delay in the delivery of the goods howsoever caused. New Theory reserves the right to make delivery of the goods in instalments. If the goods are to be delivered in instalments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if New Theory fails to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the instalments. In the event you are not available to accept delivery on second attempt, New Theory may at its discretion charge you for the additional shipping cost on the third attempt made. If you fail to take delivery of the goods, New Theory may at its discretion charge you for the additional shipping cost. New Theory will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the goods howsoever caused. 
  1. Cash on Delivery You agree, understand and confirm that for the Cash on Delivery ("COD") details provided by you for availing of services on New Theory will be correct and accurate. You further agree and undertake to provide the correct and responsible person’s Name, valid Address and Contact details to New Theory at the time of order. New Theory will not use or share this information with any third party unless authorised by you, or required for fraud verifications or by law, regulation or court order. The customer will be liable for his order as soon as the order has been dispatched out of warehouse and any COD charges levied by New Theory. COD Charges: While we will endeavour to reduce these charges in the future, we currently have to pay our shipping partners additional fees in order to process COD transactions. 


    We are always looking for ways to save you money and promise to reduce or eliminate these costs in the future.
  1. Survival of Terms after Agreement Ends
    Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.
  2. Changes to Terms and Conditions
    New Theory reserves the right to change these Terms and Conditions of its Service without informing you. The Terms and Conditions for existing orders shall be upheld by New Theory. You should check our Site for any updated Terms and Conditions.
  3. Miscellaneous
    If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time New Theory may offer special promotional offers which may or may not apply to your New Theory account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by New Theory. This T&C and the relationship between you and New Theory will be governed by the laws as applicable in India. Any dispute(s) arising out of this T&C will be handled in the competent courts of Delhi, India. The failure of New Theory to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. New Theory does not guarantee it will take action against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between you and New Theory and governs your use of the Site, superseding any prior agreements between you and New Theory with respect to the Site.

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 present limit mutually agreed by us with our acquiring bank from time to time.