Terms & Conditions
This Website is a business and commercial web site. As such, it is not intended for children or minors. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent and are fully able and competent to enter and to abide by and comply with these Terms of Service.
Please read these Terms of Service carefully. Your access to and use of this Website and any of the information, materials, data, documentation, demos, blogs, and other materials made available on or through this Website (collectively, “Materials”) are subject to all applicable laws, rules, and regulations and to all the terms and conditions set forth in these Terms of Service.
These Terms of Service may be changed by us, in our sole discretion, from time to time with or without notice to you. Any changes or modifications to these Terms of Service will be effective upon posting on the Website. You should always review these Terms of Service prior to your access or use of the Website or Materials to ensure that you understand the current Terms of Service that apply to your access or use thereof, including our Services. Your continued use of the Website following the posting of any changes or modifications will constitute your acceptance of such changes or modifications.
YOUR ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND USE OF ANY MATERIALS (OR PORTIONS THEREOF) IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES ANY APPLICABLE LAWS, RULES OR REGULATIONS.
ABOUT THE WEBSITE
The Website is an online store which carries out the sale of the Services which may include consumer electronics, appliances, personal audio, home entertainment, smart wearables etc. We reserve the right to refuse service or refuse to sell the Services on the Website at our sole discretion to anyone for any reason at any time.
Unless otherwise indicated and except for materials in the public domain, this Website and its design, text, content, files, selection and arrangement of elements, organization, graphics, compilation, translations, digital conversion, and other matters related to, and all trademarks, logos, service marks, symbols, trade dress and all materials provided on or through, this Website are protected by all applicable copyright laws, trademark laws and/or international conventions and treaties. Our Website, Materials and all Services are our exclusive and proprietary property or of our third party licensors. ALL RIGHTS RESERVED.
Subject to your compliance with these Terms of Service, we grant you a non-exclusive, limited, non-transferable and revocable license to access this Website to: (a) view the Services and/or Materials made available on or through this Website; and (b) purchase and use the Services. The foregoing permission is for the sole purpose of enabling you to use the Website and enjoy the benefit of the Materials and/or Services as provided by us, in the manner permitted by these Terms of Service. The foregoing permission will terminate automatically if you breach any of these Terms of Service and you agree that you shall not bypass any measures used by us to prevent or restrict access to the Website.
The posting, display or other provision of any Materials or Services on this Website shall not constitute a waiver of any right or interest of ours and/or of our third party licensors in such Materials or Services. Except as expressly provided herein, nothing contained in these Terms of Service or the Website shall be construed as conferring by implication or otherwise any license, interest or right in or to the Materials and/or Services under any copyright, trademark, or proprietary rights of ours or of any third party. Further, neither the Website, Services nor any Materials (or portions thereof) may be copied, reproduced, distributed or redistributed, published or republished, downloaded, modified, displayed, posted, broadcasted, imitated, adapted, translated, or transmitted by you in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, or sold, offered for sale, licensed or sublicensed, reverse engineered, disassembled, decompiled or incorporated into compilations or used in the creation of derivative works, without our express prior written permission or that of the respective third party owner. To make the Website, Materials and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload or otherwise make available to the Website ("Your Content"). We claim no further rights in Your Content.
As a user of the Website and/or Services, you may be asked to register an account with us. When you do, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your full name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing upon becoming aware that this information related to your account has been compromised and you must notify us via email at the email provided below. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information, as set forth under these Terms of Service. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service. We do not accept responsibility for the security of your account or content within such account. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
You agree and understand that while we have made reasonable efforts to safeguard the Website, we do not ensure or make any representations that the Website or any of the information provided by you cannot be hacked by any unauthorised third parties. You specifically agree that we shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered through the Website. You hereby agree and confirm that we shall not be held liable or responsible in any manner whatsoever for such hacking or any loss or damages suffered by you due to unauthorised access of the Website by third parties or for any such use of the information provided by you or any spam messages or information that you may receive from any such unauthorised third party.
Should you purchase any Service on this Website, you agree to pay us the specific monetary amounts required for such Services (“Fees”). These Fees, delivery, and procurement terms, inclusive of payment terms and applicable tax payable by you, will be described to you during your account registration and/or confirmation process for the transaction. We reserve the right to refuse service or refuse to sell the Services on the Website at our sole discretion to anyone for any reason at any time.
IF YOU RECEIVE OUR SERVICES THROUGH AN AUTHORISED RESELLER, PARTNER OR DISTRIBUTOR (COLLECTIVELY, “AUTHORISED PARTNER”), ALL FEES AND OTHER PROCUREMENT AND DELIVERY TERMS WILL BE AGREED BETWEEN YOU AND THE AUTHORISED PARTNER; HOWEVER, THE TERMS SET FORTH IN THESE TERMS OF SERVICE REGARDING YOUR USE OF THE SERVICES REMAIN APPLICABLE. FOR CLARIFICATION, YOUR AGREEMENT WITH THE AUTHORISED PARTNER IS BETWEEN YOU AND THE AUTHORISED PARTNER ONLY AND SUCH AGREEMENT IS NOT BINDING ON US.
You agree to i) comply with all applicable laws, statutes and regulations concerning your use of the Website, Services and Materials, ii) not use the Website, Materials or Services for any unlawful purpose or in any way that could damage the Website, Materials, Services, or our general business, or iii) not use for the Website, Services and Materials for any purpose prohibited under these Terms of Service.
a) You hereby acknowledge and agree that you are prohibited from using the Website, Materials and Services:
i) to violate any of our intellectual property rights or of any third party;
ii) to upload, transmit or otherwise disseminate any computer viruses, worms, defects, Trojan horses, time-bombs, malware, spyware, or any other computer code or software of a destructive or interruptive nature that may damage our property, including this Website, or of any third party;
iii) to perpetrate any fraud or engage in other misleading or deceptive activities;
iv) to engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, incite violence, hate or discrimination towards any group or any person based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or for any other reason, or otherwise violate any person's legal rights;
(vi) to submit false or misleading information or any content which is defamatory, libellous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law;
vii) to unlawfully gather information about others, including using our Website for illegal spam activities, inclusive of gathering email addresses and personal information from others or sending any mass commercial emails;
viii) to solicit others to perform or participate in any unlawful acts;
ix) to violate any local, federal or international law, statute, ordinance or regulation;
x) to modify the Materials (or any portion thereof) or remove or alter any copyright, trademark and other proprietary notices and legends contained in the Services, Materials, or the Website (and any printouts thereof); or
xi) to share Materials or Services and any associated intellectual property of ours, or our confidential information with any third parties, except as expressly authorised in advance by us.
The posting or transmittal of any unlawful, threatening, libellous, defamatory, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited. Under no circumstances shall we be liable for any such material posted or transmitted by you by or through the Website. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates a party's intellectual property, including our own, or these Terms of Service. We reserve the right to monitor your communications with us whether by mail, voice, fax, email, or any other form of transmission for the purposes of quality control, security, and other business needs.
WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF THE WEBSITE, MATERIALS AND SERVICES FOR VIOLATING ANY OF THE PROHIBITED USES SET OUT HEREIN.
AFFILIATE MARKETING AND ADVERTISING
We may, through the Website, engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
SALE OF GOODS AND SERVICES
We will sell Services or may allow third parties to sell goods, products, applications, or services on the Website. We undertake to be as accurate as possible with all information regarding our Services or third party goods, products, applications, and services, including product descriptions and images.
SHIPPING, DELIVERY AND RETURN POLICY
You agree to ensure payment for any Services you may purchase from us and you acknowledge and affirm that Fees are subject to change. When purchasing a Service, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our Services. For the sale of any Service, we may simply charge your card upon order placement confirmation at the Website. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following email: email@example.com.
If you are unhappy with a Service, you may communicate with our Customer Service team to make requests for a replacement or repair through the channels set out in the Return Policy.
For more information on how the cases related to such requests will be dealt with, please read our Return Policy.
Except as set forth hereunder and in the Return Policy, all Fees are non-cancellable and non-refundable.
You agree to fully indemnify, defend and hold us, our employees, officers, directors, contractors and agents, our affiliates, including our affiliates’ employees, officers, directors, contractors and agents, harmless against any and all legal claims and/or demands, including reasonable attorney's fees, made by any third party arising out of or related to i) your use or misuse of the Website, Material and/or Services, ii) your breach of these Terms of Service, iii) your breach of any applicable laws and regulations, iv) any negligence or wilful misconduct by you, v) any infringement or misappropriation by you of any of our intellectual property or other rights or of any third party, or vi) any actions taken by you or by any person authorised to use your account created with us, including without limitation, disclosure of passwords to third parties. You agree that we shall be able to select our own legal counsel and may participate in our own defence if we wish to do so.
THIRD PARTY LINKS AND CONTENT
You specifically agree that the Website is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that we are not responsible for any content sent using and/or included on the Website by any third party. We shall not be responsible for any interaction between you and the other users of the Website. Under no circumstances will we be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. We are under no obligation to become involved in any disputes between you and other users of the Website or between you and any other third parties. You agree to release us from any and all claims, demands, and damages arising out of or in connection with such disputes.
MODIFICATION AND DISCONTINUATION
As stated above, these Terms of Service may be changed by us, in our sole discretion, from time to time with or without notice to you and all modifications to these Terms of Service are in full force and effect immediately upon posting on the Website. Such modifications or variations will replace any prior version of these Terms of Service unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service.
a) To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by applicable court of law, you agree that the prior, effective version of these Terms of Service shall be fully enforceable and valid.
b) You agree to routinely monitor these Terms of Service and refer to the updated date posted at the top of these Terms of Service to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of these Terms of Service.
c) In the event that you fail to monitor any modifications to or variations of these Terms of Service, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Terms of Service.
We reserve the right at any time and from time to time to modify, edit, delete, suspend, or discontinue, temporarily or permanently, this Website (or any portion thereof) and/or the Materials and Services made available on or through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this Website.
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, and you further acknowledge that we shall have no liability for any damage or loss caused because of such downtime.
TERM, TERMINATION AND SURVIVAL
These Terms of Service will remain in effect until terminated by you or us. We may terminate these Terms of Service with you at any time for any reason, with or without cause and without notice, to terminate your permission to use the Website, and to block or prevent future access to and use of the Website and Materials. We specifically reserve the right to terminate these Terms of Service if you violate any of the terms outlined herein, including, but not limited to, violating our intellectual property rights or of a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material via the Website or using the Website in an unauthorised manner. If you have registered for an account with us, you may also terminate these Terms of Service at any time by contacting us and requesting termination. Please keep in mind that any outstanding Fees will still be due to us even after termination of your account with us. Upon termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
YOU AGREE THAT YOUR USE OF THE WEBSITE, MATERIALS AND SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK AND IT IS YOUR RESPONSIBILITY TO ENSURE THESE MEET YOUR SPECIFIC REQUIREMENTS AND TO EVALUATE (OR TAKE PROFESSIONAL ADVICE ON) THE ACCURACY AND COMPLETENESS OF ALL MATERIALS AND SERVICES ON THIS WEBSITE OR ANY WEB SITE WITH WHICH IT IS LINKED. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE, THE MATERIALS, AND SERVICES, WHICH ARE PROVIDED BY US ON AN "AS IS" BASIS, EXCEPT AS SET FORTH OTHERWISE IN THESE TERMS OF SERVICE AND REFERENCED POLICIES. WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY AND OF MERCHANTABILITY. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING, MAINTAINING AND ENSURING THE COMPATIBILITY OF ALL HARDWARE, SOFTWARE AND OTHER COMPUTER REQUIREMENTS NECESSARY FOR YOUR ACCESS TO AND USE OF THE WEBSITE AND THE MATERIALS. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER (A) THE INFORMATION, INCLUDING ANY MATERIALS, ACCESSIBLE VIA THIS WEBSITE OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT, (B) USE OF THE WEBSITE AND ACCESS TO THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THE WEBSITE AND THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME, OR (D) THE WEBSITE AND MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE WITH RESPECT TO ANY DECISIONS MADE BY YOU OR ANY OTHER PERSON AS A RESULT OF RELIANCE ON THE WEBSITE OR ANY MATERIALS. YOU AGREE THAT ANY DAMAGE THAT MAY OCCUR TO YOU, THROUGH YOUR COMPUTER SYSTEM, OR AS A RESULT OF THE LOSS OF YOUR DATA FROM YOUR USE OF THE WEBSITE, MATERIALS OR SERVICES IS YOUR SOLE RESPONSIBILITY AND THAT WE ARE NOT LIABLE FOR ANY SUCH DAMAGE OR LOSS.
YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS SECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Materials, including statements, contained on (or directly accessible from) this Website may contain several forward-looking statements. any statements that are not statements of historical fact (including, without limitation, statements to the effect that we or our management “believes,” “expects,” “anticipates,” “plans” and other similar expressions) should be considered forward-looking statements and should not be relied upon. There are a number of important factors that could cause our actual results to differ materially from those indicated by such forward-looking statements, including general economic conditions, our continued ability to develop and introduce Services, the introduction of new products by competitors, pricing practices of competitors, expansion of its sales distribution capability, the cost and availability of components, undetected errors or bugs, our ability to control costs and other risk factors.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, neither we nor any of our shareholders, officers, directors, representatives, employees, agents, third-party licensors, suppliers, affiliates, and contractors shall be liable for any losses and/or expenses of whatever nature, howsoever arising and regardless of the legal theory of liability, including, without limitation, any direct, indirect, special, punitive, incidental or consequential damages, loss of or inability to use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages, expenses or losses and even if an exclusive remedy provided for herein fails of its essential purpose, arising out of or in connection with your access or use of, or inability to use, this Website, Services or the Materials or any website with which this Website is linked. If you are dissatisfied with the Website, the Service or any Materials, your sole and exclusive remedy shall be to discontinue use of the Website, Services and Materials and terminate these Terms of Service in accordance with its terms. To the maximum extent permitted by law, in no event shall our total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited, to negligence) or otherwise) exceed in the aggregate the lesser of i) Rs. 1000 (Rupees One Thousand) or ii) the amount you paid to us for any Services in the last six (6) months preceding the incident giving rise to such liability, if any, related to your access to the Website and/or Materials or purchasing and/or using the Services.
a) GOVERNING LAW AND JURISDICTION: Through your use of the Website, Materials or Services, you agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between you and us, except for its conflict of law provisions. In case any litigation specifically permitted under these Terms of Service is initiated, it is hereby agreed to you submit to the exclusive jurisdiction of the courts at Bengaluru, Karnataka, India and agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue.
b) ENTIRE UNDERSTANDING: These Terms of Service constitute the entire understanding between the you and us with respect to any and all use of this Website, Materials and/or the Services. These Terms of Service supersede and replace all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website, Materials and/or the Services
c) ASSIGNMENT: These Terms of Service and the rights granted hereunder, may not be assigned, sublicensed, sold, leased, or otherwise transferred in whole or part by you. Should these Terms of Service, or the rights granted hereunder, by assigned, sold, leased, or otherwise transferred by us, our rights and liabilities will bind and inure to any assignees, administrators, successors and executors.
d) SEVERABILITY: If any part, or sub-part of these Terms of Service, is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts shall continue in full force.
e) NO WAIVER: If we fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision of these Terms of Service. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part of these Terms of Service.
f) HEADINGS ARE FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Service are for convenience only. Headings shall not affect the meaning of any provisions of these Terms of Service.
g) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between you and us because of these Terms of Service and neither you nor us has any authority to bind the each other hereunder to third parties.
h) FORCE MAJEURE: We shall not i) be liable for refunding any Fees, or ii) have any responsibility for any additional expenses you incur due to a failure of ours to perform as set out hereunder due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, pandemic, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
i) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted under these Terms of Service.
j) LANGUAGE: All communications made, or notices given pursuant to these Terms of Service shall be in the English language.
For any questions or concerns, please email us at the following address: firstname.lastname@example.org