Terms & Conditions
(A) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.
(B) This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access and/ or transacting and/ or usage of www.av-visionindia.co.in and sets out the terms and conditions governing it and the disclaimer ("Terms & Conditions").
(C) The Portals www.av-visionindia.co.in is an Internet based portal owned and operated by the Company i.e., AV-VISION EQUIPMENTS (INDIA) PVT. LTD., a company incorporated under the Companies Act, 1956 (as amended from time to time) vide CIN- U32304TG2007PTC056103, having its Registered Office at #1-20-248, Second Floor, (Snowcem Paints Lane) Rasoolpura, Secunderabad - 500003, (Telangana), India., hereinafter referred to as "Company" [which expression shall, unless it be repugnant to the context or meaning thereof, mean and include their successor or successors in interest and title, permitted assigns or any one claim into or under them]. In this Agreement (as defined hereinafter), 'Company' and 'User' have been collectively referred to as "Parties" and individually as "Party".
(D) Use of the Portals is offered to You subject to acceptance of all the terms, conditions and notices contained in the Terms, along with any amendments made by the Company at its sole discretion and posted on the Portals, including by way of imposing any charge for access to or use of a Service. By (i) using this Portals or any facility or service provided via this Portals in any way; or (ii) merely browsing the Portals, you agree that You have read, understood and agreed to be bound by these Terms and the Privacy Policy. The information, products and services including but not limited to communications tools, forums, shopping services, search services, offered on this Portals or through other mediums, whether now known or hereafter developed, is solely for the User's information and subject to the User's acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. User's use of the Portals and/ or services is subject to the additional disclaimers and caveats that may appear throughout the Portals. The Company, its affiliate companies, associate companies, subsidiaries, consultants, contractors, advisors, accountants, agents, partners and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information, services, Products (as defined hereinafter) and other materials offered on this Portals. While the Company strives to keep, the information relating to the various Products offered on this Portals accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.
(E) These Terms & Conditions shall be treated as a legally binding and enforceable agreement between the Company and you. If you do not agree with any and/or all of these Terms & Conditions, then you should stop dealing with and / or cease to initiate and do any transaction on this Portals. The Company may change, suspend and / or discontinue the Product(s) at any time, including the availability of any feature, database and content on the Portals. The Company may also impose limits on certain features and services and/or restrict User's access to parts and/or all of the services without notice and/or liability to the Users. The Company shall not be required to notify You of any changes made to the Terms & Conditions. The revised Terms shall be made available on the Portals. Your use of the Portals is subject to the most current version of the Terms of Use made available on the Portals at the time of such use. You are requested to regularly visit the home page www.av-visionindia.co.in to view the most current Terms. It shall be User’s responsibility to check the Terms periodically for changes. The Company may require You to provide Your consent to the updated Terms in a specified manner before any further use of the Portals and the Services. If no such separate consent is sought, your continued use of the Portals will constitute Your acceptance of such changes.
(1.0) Definitions of various terms used under this Agreement:
(1.1) "Agreement" shall mean agreement between the Company and User with terms and conditions as provided herein and includes the Privacy Policy, Disclaimer, Secure Shopping and all the schedules, appendices and references mentioned herein with all such amendments as effected by the Company from time to time.
(1.2) "B2B User” shall mean all business to business users & shall include but not limited to dealers / sub-dealers / retailers & such of all those individuals / entities that shall be dealing with the products purchased from the Company.
(1.3) "B2C User” shall mean business to customer / user i.e., the end user of the product/s purchased from the Company.
(1.4) "Company" shall mean AV-VISION EQUIPMENTS (INDIA) PVT. LTD.,
(1.5) "Exchange Policy" shall have the meaning ascribed to it in Clause 8.0.
(1.6) "Express Shipping Service" shall have the meaning ascribed to it in Clause 14.0.
(1.7) "Force Majeure Event" shall have the meaning ascribed to it in Clause 15.0.
(1.8) "Product(s)" shall mean any good and/or service offered for sale on the Portals for consideration.
(1.9) "Refund Policy" shall have the meaning ascribed to it in Clause 11.0.
(1.10) "Return Policy" shall have the meaning ascribed to it in Clause 7.0.
(1.11) "Terms & Conditions" shall have the meaning as ascribed hereinabove.
(1.12) "User" / "Users" shall mean any person/persons and/or legal entity(ies) who visits, uses, deals with and/or transact at www.av-visionindia.co.in in any way & refers to both the categories of “B2B User” & “B2C User”.
(1.13) "Portals" shall mean www.av-visionindia.co.in, a Portals owned and operated by the Company for facilitating online transactions.
(2.0) Terms of ‘User’ Eligibility:
(2.1) Any person who is above eighteen (18) years of age, transacting in Indian Rupees and competent to enter into valid contract under the Indian Contract Act, 1872 shall be eligible to visit, use, deal and/or transact at the Portals. If User is not competent to enter into valid contract then User is prohibited to visit, use, deal and/or transact at the Portals. Your visit, dealing and/or transaction at the Portals shall be treated as your representation that you are competent to enter into valid legal contracts under the Indian Contract Act, 1872.
(2.2) If You use the Portals, you shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Portals and refuse to provide You with access to the Portals.
(2.3) User agrees to be financially responsible for all of User's use of the services and access of the Portals (as well as for use of User's account by others, including without limitation minors living with User). User warrants that all information supplied by User in using the services and accessing the Portals, including without limitation to the User's name, email address, street address, telephone number, mobile number, credit / debit card and/ or any other payment instrument number and other payment details is correct and accurate. Failure to provide accurate information may subject the User to civil and criminal penalties. This Agreement is void where prohibited by law, and the right to access the Portals is revoked in such jurisdictions.
(2.4) The registration of account of “B2B User” shall be through a separate screening process done by the Company. The “B2B User” shall fulfil all the conditions obligatory for registration of an account. All the formalities involved in this screening process shall be specified separately by the Company & the registration shall be completed & account shall be made active only after the proposed “B2B User” fulfils all such pre-requisites necessary. The Company shall have the sole discretion to indefinitely suspend or terminate or block access of your membership on the Portals and refuse to provide You with access to the Portals.
(3.0) User (B2B/B2C) Registration Data
(3.1) User shall be entitled to use the Portals for any online shopping transaction after getting himself/herself registered on the Portals after furnishing all relevant information relating to User as sought on the Portals. User shall be solely responsible for the confidentiality of its / his / her User Id and Password.
(3.2) User shall be solely responsible for the accuracy and correctness of all such details / information given by User during registration. The Company shall be entitled to cross verify those details, if it deems fit. If the Company has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as the Company deems fit.
(3.3) User shall not (a) select or use name, User ID, mobile number and/or mail id, of another person with the intent to impersonate that person; or (b) use a User id a name subject to any rights of a person other than User without appropriate authorization. The Company reserves the right to refuse registration of, or cancel User id at its discretion.
(3.4) In order to ensure that the Company is not violating any rights User might have in his/her Information, User hereby agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) User has in his/her Information, in any media now or in future known, with respect to User's Information solely to enable the Company to use the information User supplies to the Company. The Company will only use User's Information in accordance with the Agreement.
(3.5) User agrees and understands that the Company shall not be responsible in any manner whatsoever for:
(3.5.1) Delivery of Product(s) at wrong address furnished by User.
(3.5.2) any loss and/or damage to User due to incorrect, incomplete and / or false information furnished by User; or
(3.5.3) Any deficiency in payment of consideration payable towards the Products purchased on the Portals.
(3.5.4) The User shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Company.
(3.5.5) While placing an order, User shall not make multiple quantity of same or different product resulting in multiple order on the same day under the same name or group of company’s ids’. it will be treated as bulk order and Company reserves its right to cancel such bulk orders. If at any time, it is found/observed that User has by misrepresentation or any other way has ordered more than 3 units of a particular product, it will amount to bulk order and the Company reserves its right to reject such order(s) partly or fully. The fulfilment of order placed by the User shall be subject to availability of the stock with the Company.
(4.0) Amendment /Modification / Alteration of Terms & Conditions:
(4.1) The Company is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications /amendments /alterations from time to time and shall be bound to this Agreement as amended by the Company from time to time. Use of the services by User following such modification constitutes User's acceptance of the Terms and conditions of the Agreement as modified.
(5.0) Contents of the Portals www.av-visionindia.co.in
(5.1) The Portal and its contents shall only be used in accordance with the terms of the Agreement. All Products/materials displayed and/or performed on the Portals are protected by patents, copyright, trademark, trade secrets and other intellectual property rights owned by the Company (as applicable), its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners, and/ or suppliers. User shall abide by all copyright notices, intellectual property rights, information, and restrictions contained in any content accessed through the services.
(5.2) The Portal is protected by copyright as a collective work and/or compilation, pursuant to Indian Copyrights laws, international conventions, and other worldwide copyright laws.
(5.3) The Company undertakes to review all claims of copyright infringement received and remove the Content deemed to have been posted or distributed in violation of any applicable laws.
(5.4) The Company requests that, according to standard practice, if a User uses any information available on the Portals for any research that results in an article and/ or other publication, the User lists the Company as a resource in User's bibliography and the User shall take prior permission and (i) give proper credit and ensure that the Company's copyright notice appears on all copies; (ii) no documents or graphics, including logos, available from the Portals and/ or Products are modified in any way
(5.5) User acknowledges that the Company may or may not pre-screen Content, but that the Company and/ or its designees reserves the right (but not the obligation) to pre-screen, refuse or remove any Content and/ or Products from the Portals at any time, for any reason (including, but not limited to, upon receipt of claims or allegations or complaints from third parties and / or authorities relating to such Content) and / or for no reason at all.
(5.6) The Company neither warrants nor represents that use of Products by User will not infringe the rights of third parties not owned by or affiliated with the Company. Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
(5.7) The Company's logos, product and service marks and / or names are trademarks which are owned by the Company (the "Marks"). Without the prior written permission of the Company, or its appropriate affiliates, User agrees not to display and/or use in any manner, the Marks. Nothing contained in this Portals should be construed as granting, by implication, estopples, or otherwise, any license or right in and / or to the Marks without the express written permission of the Company or such third party. All other trademarks are the property of their respective owners.
(5.8) User’s misuse of the Products, material and / or Marks on the Portals and in its contents, except as provided for in this Agreement, is strictly prohibited. User is advised that the Company will aggressively enforce its intellectual property rights in the Portals and/ or services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at User's risk as to costs and consequences.
(6.0) Disclaimer of Warranties & Liabilities:
(6.1) User represents and warrants that User is the owner and/or authorized to share the information User gives on the Portals. User confirms that the information is correct, complete, accurate, not misleading, does not violate any statutory enactment, notification, order, circular, policy, rules and regulations, is not injurious to any person and / or property.
(6.2) User undertakes to indemnify and keep indemnified the Company and / or its shareholders, directors, employees, officers, affiliates, partners, associate / subsidiary companies / entities, advisors, accountants, agents, consultants, contractors, partners and / or suppliers for all claims resulting from detail/information User posts and/or supplies to the Company. The Company shall be entitled to remove any such detail / information posted by User without any prior intimation to User.
(6.3) User understands that the Company does not have any control on accuracy of information / detail submitted by anybody on the Portals and therefore agrees that the Company shall not be responsible for any loss, damage, cost, expenses etc., due to inaccuracy of any detail / information submitted by User or anybody else on the Portals.
(6.4) User agrees and undertakes that she / he shall be solely responsible for his / her Information and confirms that the information submitted by User:
(6.4.1) is correct, complete, relevant and accurate,
(6.4.2) is not fraudulent,
(6.4.3) does not "stalk" or otherwise harass another user,
(6.4.4) does not and shall not infringe any third party's intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy,
(6.4.5) shall not be defamatory, libelous, unlawfully threatening and/or unlawfully harassing.
(6.4.6) shall not be indecent, obscene and / or contain pornography and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, and statutory authority.
(6.4.7) shall not be seditious, offensive, abusive, liable to incite racial, ethnic and/or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and / or inconvenience.
(6.4.8) shall not constitute and / or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law.
shall not be or include material that is technically harmful (including, without limitation, computer/ mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
(6.4.9) shall not create liability for the Company or cause the Company to lose (in whole or in part) the services of the Company's ISPs or other suppliers.
(6.4.10) is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of 'spam' or solicitation.
(6.4.11) is not illegal in any other way.
(6.4.12) shall not host, display, upload, modify, publish, transmit, update or
share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) Is misleading in any way;
(d) Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) Harasses or advocates harassment of another person;
(f) Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) Promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) Contains video, photographs, or images of another person (with a minor or an adult).
(n) Tries to gain unauthorized access or exceeds the scope of authorized access to the Portals or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Portals or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Portals. Throughout this Terms of Use, Company's prior written consent means a communication coming from Company's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
(p) Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) Interferes with another USER's use and enjoyment of the Portals or any other individual's User and enjoyment of similar services;
(r) Refers to any Portals or URL that, in Our sole discretion, contains material that is inappropriate for the Portals or any other Portals, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
(s) Harm minors in any way;
(t) 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 or involve the sale of counterfeit or stolen products;
(u) Violates any law for the time being in force;
(v) Deceives or misleads the addressee / users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) Impersonate another person;
(x) 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, worms, time bombs, cancelbots, 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;
(y) 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.
(z) Shall not be false, inaccurate or misleading;
(aa) 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.
(ab) Shall not create liability for the Company or cause the Company to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
1. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Portals or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Portals or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Portals. We reserve our right to bar any such activity.
2. You shall not attempt to gain unauthorized access to any portion or feature of the Portals, or any other systems or networks connected to the Portals or to any server, computer, network, or to any of the services offered on or through the Portals, by hacking, password "mining" or any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of the Portals or any network connected to the Portals nor breach the security or authentication measures on the Portals or any network connected to the Portals. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Portals, or any other customer, including any account on the Portals not owned by You, to its source, or exploit the Portals or any service or information made available or offered by or through the Portals, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Portals.
4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about the Company or the brand name or domain name used by the Company including the terms the Company or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or otherwise tarnish or dilute any of the Company's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Portals or the Company's systems or networks, or any systems or networks connected to the Company.
5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Portals or any transaction being conducted on the Portals, or with any other person's use of the Portals.
6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to the Company on or through the Portals or any service offered on or through the Portals. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
7. You may not use the Portals or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and / or others.
8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Goods and Services Tax, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
9. Solely to enable the Company to use the information You supply the Company with, so that we are not violating any rights You might have in Your Information, you agree to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Portals.
10. From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
11. You shall not engage in advertising to, or solicitation of, other Users of the Portals to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Portals or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Portals. It shall be a violation of these Terms of Use to use any information obtained from the Portals in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate at our sole discretion. You understand that the Company have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Portals) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, the Company can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but have no obligation, to monitor the materials posted on the portals. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PORTALS AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect the Company’s views. In no event shall the Company assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Portals. You hereby represent and warrant that You have all necessary rights in and to all Content Which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
(6.5) It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Portals and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Portals, and that the recipient may use such information to harass or injure You. We do not approve such unauthorized uses, but by using the Portals You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Portals. Please carefully select the type of information that You publicly disclose or share with others on the Portals.
(6.6) further, the User agrees and understands that the Company reserves the right to remove and / or edit such detail / information.
(6.7) User confirms that he / she shall abide by all notices and all the terms and conditions (updated from time to time) contained and mentioned herein.
(6.8) User undertakes and confirms that User shall not use the Company's Portals, services and / or materials therein for any purpose that is unlawful and / or prohibited by the terms of the Agreement and / or under any applicable laws, rulings, notifications, orders of any court or statutory authority. User shall not use the Portals, services and / or materials therein in any manner which could damage, disable, overburden and / or impair the Portals and / or any services therein and / or the network(s) connected to the Portals and interfere with other Users use and enjoyment of the Portals and / or services therein.
(6.9) User shall not attempt to gain unauthorized access to any service on the Portals, other Users' Account(s), Computer systems and/or networks connected to the Portals through hacking, phishing, password mining and / or any other means (whether now known or hereafter developed or invented). User shall not or shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Portals.
(6.10) User agrees and understands that she / he is responsible for all of his / her activity in connection with the services and accessing the Portals. User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Portals and / or services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's right to access the Portals.
(6.11) User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User. As a condition of use of this Portals, User warrants to the Company that User will not use this Portals for any purpose that is unlawful or prohibited by these Terms & Conditions, notices and / or by the applicable law. Also, User must not harass, intimidate or impersonate other User's or use any information obtained from the service in order to do so.
(6.12) Certain elements of the Portals may contain material submitted by other Users. The Company disclaims its responsibility for the content, accuracy, conformity to applicable laws of such material. Part of the Portals contains advertising / other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Portals complies with applicable laws is exclusively on the advertisers and the Company will not be responsible for any claim, error, omission and/or inaccuracy in advertising material. The Company reserves the right to omit, suspend and / or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Portals will be subject to the Company's terms and conditions which are available on request.
(7.0) Return Policy
(7.1) All Products purchased from the Portals enjoy fifteen (15) days Return Policy. Any Product, purchased from the Portals, can be returned to the Company within fifteen (15) days of delivery provided that the original packaging of the product is unopened & intact by placing a "Cancel Order" request on the Portals or by logging a call with Company's Customer Care Centre by phone on 1800-425-2936.
(7.2) Accepting or rejecting must be at the sole discretion of the company.
(7.3) In case the User receives the product with original packaging which is damaged or tampered with in any manner, then in such case the User shall immediately endorse the said fact in writing with the delivery agent & return the product.
(7.4) In the event if User, on removing the packaging of the Product, finds the Product is damaged and / or defective and / or is different from the Product that was ordered, User shall immediately intimate the Company's Customer Care Centre about such damage and / or defect and / or difference and the Company shall arrange for the replacement of the Product or refund of price of the Product along with shipping charges, if any, collected by the Company in the unlikely event of the Company being unable to replace the damaged and/or defective Product. For any Refund or Exchange / Replacement of Product the relevant provisions of 'Refund' and 'Exchange' shall apply as given herein.
(7.5) In case of Cancellation (Return / Replacement) of order after delivery of the Product to User, the Company will arrange pick up of the Product to be returned as per terms and conditions mentioned in PO, User will assist and cooperate fully to return the Product with its manuals, booklets, warranty card, accessories, freebies and packing materials or any other thing which were delivered to such Dealer / Customer along with the Product being returned. At the time of pickup, the User will be provided with acknowledgement of pick up by the Company's Logistics Partner. User should retain the said acknowledgment and quote the same in all his / her future communications with the Company in this regard.
(7.6) All free gifts, in original packing as delivered and unused condition, must be returned along with the Product in case of cancellation of order of the Product with which the free gift(s) is / are given.
(8.0) Exchange / Replacement Policy:
(8.1) In case the Product whose original packaging of the Product is unopened qualifies for exchange/replacement, User can request for exchange/ replacement of the Product any time after delivery of the Product but not later than fifteen (15) days from the date of delivery of the Product, by placing 'Exchange’ / 'Replacement Request' on the Portals or by registering a call on the Company's Customer Service Centre. User agrees to assist and cooperate to return the Product with all its accessories, freebies, original packing materials and such declaration duly signed by User as may be suggested by Customer Service Centre while registering call for return / replacement. Subject to the provisions as set out here in above, User hereby agrees and understands that Products can be returned only by registering a 'Return' request' by logging a call on the Company's Customer Service Centre or as provided on the company’s Portals.
(8.2) In case of any defect arising after delivery of the Product or after demo / installation of the Product as the case may be, such defects will be serviced by the respective manufacturer / brand in accordance with respective manufacturer's warranty terms.
(8.3) In case User opts for replacement of the Product due to any defect at the time of delivery or demo / installation of the Product, the User will have to ensure that the Product is returned in undamaged and saleable condition including all accessories and manuals. There should be no signs of external damage on the packaging, including the original carton. Kindly refer to the Returns sections on the Portals for further detail on the Return Process.
(9.0) Booking & Payment Terms:
(9.1) The Company shall be sending within 48 working hours an email for confirmation of the order / booking placed by the User, only after which the booking / order shall be treated to be completely placed for delivery. And whereas the User shall be entitled to use his/her valid credit / debit and / or any other payment cards, online banking facility to make payment against any transaction being effected at the Portals. The User shall be bound to use his / her own credit / debit and / or any other payment cards, online banking accounts to make any payment. The User undertakes and confirms that it / he / she would furnish correct, complete and accurate detail of credit / debit and / or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense loss and / or damage which may be suffered by the User due to furnishing wrong detail / information relating to it / his / her credit / debit and/ or any other payment cards or online banking accounts.
(9.2) The User hereby agrees and understands that the facility of 0% finance by way of equated monthly instalments ("EMI") is provided by banks and available on purchase of specific products. The User understands and agrees that for converting any Purchase Transaction into EMIs the decision solely rests at the discretion of the Bank. Any refund related to interest charged to the customer, should be dealt with the issuing bank directly.
(9.3) User expressly agrees and declares that the Company shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and / or incidental to the User arising, directly or indirectly, out of decline of authorization for any transaction, resulting from the User exceeding its / his / her preset permissible payment limit under the credit / debit and / or any other payment cards and / or online banking accounts.
(9.4) The Company confirms that the details provided by User in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under the rules of any applicable laws, regulations and / or processes of any government authority and / or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and / or relating to this Agreement.
(9.5) Further the Company actively reports and prosecutes actual and suspected credit / debit / cash card fraud. The Company may require further authorization from User such as a telephone confirmation of User’s order and / or other information. The Company's decision to require further authorization is at the Company's sole discretion. The Company reserves the right to cancel, delay, refuse to deliver, or recall from the carrier any order if fraud is suspected.
(9.6) The Company captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit / debit / cash card company for fraud investigation. The Company will cooperate with authorities to prosecute offenders to the full extent of the law.
(9.7) The Company shall take all reasonable precautions to protect the information provided by the User. However, it is expressly provided and accepted by the User that the Company shall not be responsible in any manner whatsoever for any third-party action which results in the information provided by the User being exposed and/or misused by such third party who accessed such information without any authorisation from the Company.
(9.8) All payments made against the purchases / services on Portals by the Dealer / Customer shall be compulsorily in Indian Rupees acceptable in the Republic of India. Portals will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Portals.
(9.9) Before shipping / delivering the order, the Company may request the User / Dealer / Customer to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument for such purchase(s). This is done in the interest of providing a safe online shopping environment to Our Users / Dealer / Customer.
(9.10) If the order is placed through portal, the vendee has to release Purchase Order and send it to the supplier either by FAX / Mail / Post / Courier which is mandatory i.e as per law. In this context all the Vendees are informed to send the same immediately after the order is placed through portal. If the same is not sent for any reason, by any vendee, it is deemed that they agreed for all the terms prescribed under law even if the order is made verbally / through portal.
All PO's generated by the customer in the portal is deemed as accepted as generated through his own Login.
(10.0) Cancellation of Order before Dispatch of Products by the Company:
(10.1) The Company hereby informs the User that User's receipt of an electronic or other form of order confirmation does not signify the Company's acceptance of User's order, nor does it constitute confirmation of the Company's offer to sell. The Company reserves the right at any time after receipt of User's order to accept or decline User's order for any reason. The Company further reserves the right any time after receipt of User's order, after prior notice, to supply less than the quantity ordered of any item. The order will be deemed to have been accepted by the Company upon shipment of products or performance of services that has / have been ordered as indicated by the Company's servers. Title to goods and all risk of loss passes to User upon delivery to the common carrier. The Company may require additional verifications or information before accepting any order.
(10.2) The Company shall have the right to refuse or cancel any order(s) placed for Product(s) listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. The Company shall have the right to refuse or cancel any such order(s) whether or not the order has been confirmed and User's credit / debit / cash card charged. If User's credit/ debit/ cash card has already been charged for the purchase and User's order is cancelled, the Company shall immediately issue a credit to User's credit / debit / cash card account for the amount of the charge.
(10.3) User shall be entitled to cancel an order of any Product, booked on the Portals, by placing a "Cancel Order" request, by logging a call with Company's Customer Care Centre or making such request on the Company’s Portals.
(10.4) "Cancel Order" can be placed any time after booking of order but before status of order changes into "handed over to courier" on the Portals.
(11.0) Refund Policy:
(11.1) Any cancellation/exchange in accordance with above terms qualifies for payment reversal / replacement of the Product depending on availability of the Product and preference of User.
(11.2) All eligible refunds against Cancellation of Orders by User. Before delivery of Product to User, will be subject to deduction of 2% plus applicable Levies (Two Percent of the Product Price already paid (Transaction value) as Banking and Transaction charges and balance amount would be processed for refund to the User. User understands and agrees to such deduction by putting Cancellation request for any Order before delivery of Product.
(11.3) Any eligible refund will be initiated by the Company for credit into the same account from where the payment was made by User within seven (7) working days of receipt of Request for Cancellation of Order, in case of Cancellation before delivery of the Products, or within Seven (7) working days after the Company's logistics partner picks up the Product(s) from the User's place, in case of Cancellation of Order after delivery of the Product(s). However, it will be credited to User's bank / credit card / debit card account within such time as taken by banking channels to process refund transaction. The Company shall not be liable for any charges levied by the bank for processing of the refund transaction and the same will solely be borne by the User.
(11.4) All refunds will be made out through crediting the account from which the payments were made.
(11.5) Interest Fee Reversal - In case of Cancellation of any Transaction due to any reason, whatsoever, and if there is any EMI Facility availed by User in that particular Transaction, then Interest fee debited to User's card account shall be reversed in accordance with the terms of the respective bank and User shall have to contact its card issuing bank directly. The Company recommends that User. Should inform the card issuing bank for cancellation of the transaction and follow up with the said bank for the said refund. Refund of any Interest depends upon the stage of the transaction when it is cancelled and shall be done in accordance with the terms of the card issuing bank. The Company shall not be responsible for any delay or issues relating to refund of Interest by respective bank.
(11.6) Company reserves the right to on the number of Transactions which the Company may receive from on an individual’s Valid Credit/Debit / Cash Card / 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 to provide enabling support facility for collection and remittance of payment during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
(11.7) Company reserves the right to refuse to process Transactions by User’s with a prior history of questionable charges including without limitation breach of any agreements by User with the Company or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
(11.8) The aforesaid terms and conditions in respect to refund by the Company shall be referred to "Refund Policy".
(12.0) Special Schemes / Offers
(12.1) The Company shall be introducing on its Portals periodically attractive offers/schemes for its Users the terms of such offers shall be specifically listed separately. At the sole discretion of the Company in the implementation of the said schemes / offers. The Company will have total right to call off / discontinue any scheme / offer at any time without any reason. The decision of the Company in all matters concerning every Scheme / Offer shall be final & binding.
(13.0) Delivery terms
(13.1) Company has its logistics partner in place who shall be responsible in prompt delivery of the products purchased by the User. The tentative delivery time as per the location of the user shall be indicated on the Portals (though the same is not exact & binding) & the delivery will take place based on such understanding. The logistics partner of the Company shall take all required and necessary steps to ensure shipment of the Product to ensure prompt delivery. However, User understands and confirms that the Company shall not be held responsible for any delay in shipment of the Product.
(13.2) We offer FREE SHIPPING for all our products purchased only by “B2C Users”, whereas the product/s purchased / booked by “B2B Users” shall be strictly freight to-pay on delivery.
(13.3) In case “B2C User” books Order of multiple Products in one transaction, the Company would endeavor to ship all Products together. However, this may not always be possible due to Product characteristics and/or logistics' issues. If “B2C User” purchases multiple Products in single transaction, then all the Products would be shipped to a single shipping address given by “B2C User”. If “B2C User” wishes to ship Products to different addresses, then “B2C User” should book separate orders based on delivery addresses.
(14.0) Express Shipping:
(14.1) In order to avail the Express Shipping Service, the “B2C User” shall, while purchasing the Products on the Portals, have to select "EXPRESS SHIPPING" option.
(14.2) On selecting the "EXPRESS SHIPPING" option, the Products purchased by the “B2C Users” shall be delivered within a duration of Seventy - Two (72) Hours to One hundred and Twenty (120) hours from the time the Invoice is generated.
(14.3) The “B2C User” will enjoy the facility of FREE Express Shipping Service.
(14.4) The Products which are ordered during the duration of 4.00 P.M To 10.00 A.M shall be dispatched by the Company on the next business day and will be received by the Users within Seventy-Two (72) hours to One hundred and Twenty (120) hours.
(14.5) In case of return of the Products delivered vide Express Shipping Service, the “B2C User” can call the Company on the Customer Care Centre number provided on the Portals.
(14.6) The Products once accepted by the “B2C User” on delivery, the Company shall not be responsible for any breakage of the Products and the “B2C User” shall not be eligible to make such claims.
(14.7) In case of return of the Products (written declaration by Customer Care Centre is required), the money shall be refunded to the “B2C User’s” account depending on the mode of payment selected by the “B2C User” while purchasing the Product. It is expressly provided that the Company shall not refund any amount in cash.
(14.8) The Express Shipping Service applies to attempt delivery by the promised date. The Company shall not be responsible to provide the delivery on time if the “B2C User” is not present at the delivery address to take the delivery of the Products.
(14.9) The Company or its Logistics partner shall exercise all possible measures to ensure that any Product ordered under the Express Shipping Service option is delivered within Seventy-Two (72) hours from the time of placement of the order on the Portals subject to successful realization of payment made against the said Order and availability of the Product(s). However, the “B2C User” understands and undertakes that the “B2C User” shall not hold the Company, responsible or liable for any delay in shipment of Product due to circumstances beyond the control of the Company, provided the Company takes all required and necessary steps to ensure shipment of the Product within above mentioned timelines.
(14.10) The terms and conditions of the Return Policy (Clause 7.0) and Exchange / Replacement (Clause 8.0) and Refund Policy (Clause 11.0) shall apply to Products delivered under the Express Shipping Service option.
(15.0) Force Majeure
(15.1) The Company shall not be liable for any failure and / or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and / or delay shall be result of or arising out of Force Majeure Event set out herein.
Explanation: "Force Majeure Event" means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and / or hacking of the Portals and/or contents provided for availing the Products and / or services under the Portals, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfilment of obligation of the Company hereunder.
(16.0) Product Warranty Disclaimer
(16.1) User acknowledges that the Company has no control over, and no duty to take any action regarding which User gain access to the Portals and / or services; what Products, content User accesses and/ or uploads, posts, emails, transmits and/ or otherwise contribute via the Portals and / or services; what effects the Products, content may have on User and/ or any third party; how User may interpret and / or use the Products and / or what actions User may take as a result of having been exposed to the Products and/or content. User releases the Company from all liability for User having acquired or not acquired Products, content through the Portals and / or services. The portals and / or services may contain, or direct User to sites and/ or services containing, information that some people may find offensive and/or inappropriate. The Company makes no representations concerning any content contained in or accessed through these portals and / or services, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency, or durability of the products, material contained in, or accessed or purchased through these portals and / or services. The services, Products, materials, information, content, Portals and / or any software are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement except as provided in the Warranty Terms of the said Products given by respective manufacturer of the said Products. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.
(16.2) Although the Company has taken adequate safeguards, the Company makes no guaranty of confidentiality and / or privacy of any communication or information transmitted on the Portals and / or for the services and / or any web-site linked to the Portals. User uses this Portals and / or services at his/ her own risk in accordance with our privacy policy.
(16.3) Changes are periodically made and added to Portals and to the information herein. The Company, its subsidiaries, affiliates, associate companies, consultants, partners and / or its respective suppliers may make improvements and / or changes to this Portals at any time.
(16.4) The Portals and / or services contain views, opinions and recommendations of users / Dealers / Customers of the Portals and / or Services, advertisers, third party information providers and organizations. The Portals does not warrant, represent and / or endorse the correctness, authenticity, accuracy, completeness, reliability and/or validity of any opinion and/or other information displayed, uploaded, distributed, posted, emailed, transmitted and / or otherwise contributed through the portals and / or services by anybody other than the Company.
(16.5) Pricing on any product(s) as is reflected on the Portals may be due to some technical issue, typographical error or product information published may be incorrectly reflected and in such an event the Company may cancel such order(s) for which the Company shall not be under any liability.
(17.0) Communications
When the Dealer / Customer use the Portals, or send emails or other data, information or communication to the Company, such Dealer / Customer agree and understand that they are communicating with the Company through electronic records and their consent to receive communications via electronic records from the Company periodically and as and when required. The Company may communicate with Dealer / Customer by email or by such other mode of communication, electronic or otherwise as it deems necessary.
(18.0) Indemnity
The Dealer / Customer shall indemnify and hold harmless the Company, 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 the Dealer’s / Customer’s breach of this Terms of Use, privacy Policy and other Policies, or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
(19.0) Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Secunderabad, Telangana State, India.
(20.0) Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Portals is presented solely for the purpose of sale in India the Company makes no representation that materials are appropriate or available for use in other locations / Countries other than India. Those who choose to access this site from other locations / Countries other than India do so on their own initiative and the Company is not responsible for supply of products/refund for the products ordered from other locations / Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
(21.0) Installation Services
(21.1) Company offers installation services for separate service charges, the said installation services shall be available at the listed places as updated from time to time on the portals. These installation services shall be handled by third party vendors for which Company shall not be directly or indirectly liable for any fault or damage. The Company is merely facilitating added services to its Users / Dealers / Customers by making available such Installation services for the advantage of its Users / Dealers / Customers. These services are offered at separate service charges which shall be listed on the Portals. It is the sole discretion of the User/s / Dealer / Customer to avail or not to avail the said added services for Installation by paying such separate service charges as available on the Portals. Installation services are available at select locations only, for more details, please select the appropriate option on the Portals. Availability of Installation Services can be discontinued by the Company at any time without any notice & prior intimation. The installation services can be cancelled even after receipt of service charges for any such reasons beyond the control of the Company or third party vendor. Neither the Company nor the third-party Vendor shall be liable for any such cancellation of order. The Company / Third Party vendor shall within 15 days of receipt of such cancellation order, arrange to refund the service charges for any such cancellation made by the Company / Third Party Vendor.
(21.2) After the Installation Services are opted & booking order is processed, the details of the Installation service agent shall be shared through SMS & e-mail to the User. The User shall fix a mutually suitable appointment/time with the Installation service agent for the visit of the installation service agent at the User’s premises. However, the User cannot keep the appointment on hold for more than 15 days from the date of process of booking order, failing which the service order shall be cancelled automatically & booking service charges shall not be liable for refund.
(22.0) Arbitration
If any dispute arises between User and Company during use of the Portals or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the terms & conditions of usage, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. The place of arbitration shall be Secunderabad, Telangana State, India. The arbitration proceedings shall be in the English Language and shall be governed by the Arbitration & Conciliation Act, 1996.
(23.0) Newsletters & Communications
The Dealer / Customer hereby expressly agree to receive communications and newsletters from the Company by SMS and e-mails. However, the Dealer / Customer can unsubscribe / opt-out from receiving communications and newsletters from the Company at any time by following the procedure set forth in the Portals.
