TERMS OF USE
About us: (Briefly describe your business and website in a few words)
Terms of Use:
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Agreement for the Terms of use (hereinafter referred to as ‘Agreement’) of the Company’s website/mobile application (collectively referred to as “Systems”) describes certain terms and conditions to access and use the Systems of the Company and wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on Systems by providing data while registering on our Systems as Registered User. The term "Company, We", "Us", "Our" shall mean (….) Private Limited and its affiliates.
Acceptance of terms of use:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE/MOBILE APPLICATION YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. WE RESERVE THE RIGHT TO ALTER, AMEND AND MODIFY THESE TERMS AND CONDITIONS AT OUR SOLE DISCRETION. ALL AMENDMENTS AND MODIFICATIONS WILL BE DULY NOTIFIED ON THIS WEBSITE AND MOBILE APPLICATION. IF YOU ARE NOT AGREEABLE TO THE TERMS AND CONDITIONS, WE REQUEST YOU NOT TO ACCESS THIS WEBSITE
User name, account and password:
Any customer willing to use Our Systems may create an account by providing true, accurate and complete information as to name, address, email, phone number, and thus avail Our services. Please note that We rely on the information You have provided to Us at the time of creating an account for verifying Your details and further for delivery purposes and communication of any attractive offers from time to time.
You will, at all times, be responsible for maintaining the confidentiality of Your user name and password and be responsible for all activities that occur in Your account. You agree that if You provide any information that is untrue, inaccurate or incomplete, You shall be solely responsible for the consequences thereof and We shall have the right to indefinitely suspend or terminate or block Your access on Our Systems.
Please note that Your mobile phone number and your email address is Your primary identifier on our Systems and hence it is Your responsibility to keep them updated on our Systems at all times.
Third Party Links:
As part of availing the Services, You as a member will provide us Your personal information either to retrieve or collect data or information from third party websites. Such third party websites may be maintained by such financial institutions with whom You have an account, bank with or have created certain liabilities. The Company does not and cannot assume any responsibility or accuracy for such information or data maintained by such third party either in terms of updating, accuracy, deletion, non-delivery or failure to store data, communications, etc. The Website may provide, or third parties may provide, or the Website may contain links to other World Wide Web sites or resources. The responsibility for the operation and content of those websites shall rest solely with the organization identified as controlling the third party website and will be governed by separate terms and conditions.
Intellectual Property Rights
The domain name "………" is controlled, owned and operated by (….). All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by (….). Material on "(….)" web site/mobile app owned, operated, licensed or controlled by (….) is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of (….), modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Communication
We may send You communication, notices or alerts from time to time. These alerts and communication will be sent automatically by Us to You. Please be informed that You have agreed to receive any type of communication including but not limited to emails, SMS, phone calls or any other mode of communication from Us that is transactional, promotional & informational in nature. In case You have suppressed the receipt or disabled or marked alerts or communication in general, We recommend You to revise the same and activate the receipt of alerts. As such any communication from Our end will be related to Our products and services and not any marketing or spam mails.
Payments
Customers can select from respective currencies mentioned on the top right hand side of the page on and check the prices of the products. For customers within India, the prices stated for the products are inclusive of GST and shipping charges, (please refer to Our shipping policy). The customer can
make the payment either by – (i) online payment using net banking, debit/credit cards through Our payment gateway partner, …... * For this purpose We may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment or (ii) a direct payment to Us via bank transfer/NEFT.
(*Payment gateway partners are subject to change and will be notified accordingly).
Please note that We will not assume any liability or responsibility for any loss or damage incurred by You due to :
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit set by the Bank/s. or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
Further, for transactions made in India through electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI). We may request additional documents from You for verifications and all refunds are conditional and with recourse available to Us.
Disclaimer
THE CONTENT AND ALL SERVICES ASSOCIATED WITH OUR SYSTEMS ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF OUR SYSTEMS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND PURCHASE OF THE PRODUCTS IS AT YOUR SOLE RISK.
Indemnity and Limitation of Liability
You shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders, and employees, from and against all loss, damages, claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by You, any misrepresentation or misuse of the service offered to You or any negligent or unreasonable or inappropriate use of our Systems. This Clause survives termination of this Agreement.
THE COMPANY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, OR LOSS OF SAVINGS, OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THE SERVICE ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THIS WEBSITE, YOUR USE OF THE SERVICE, YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE OR THIS AGREEMENT.
Termination
This Agreement may be terminated as mentioned below: (a) by You, by providing a written notice of at least 5 (five ) business days; (b) closure of Your account by Us or You for any reason immediately; (c) We may terminate this Agreement and Your account with Us shall cease to exist if We learn that You have breached any of these terms and conditions, whether intentionally or by implication; (d) We may terminate the Agreement, it is so required by an express direction of law.
Jurisdiction and Governing Law:
This Agreement shall be governed by the laws of India. All disputes that may arise shall be resolved in accordance with rules specified under the Indian Arbitration and Conciliation Act, 1996 and venue for arbitration shall be Bangalore. The courts in Bangalore shall have the sole jurisdiction regarding the subject matter of this Agreement
