The definitions and rules of interpretation in this condition apply in these conditions.
- Company: alphaTUB Innovations Private Limited and its subsidiaries.
- Contract: any contract between the Company and You for the sale and purchase of any Products which shall incorporate these Terms.
- Delivery: Delivery of the Products at the address specified in the Order.
- IP Rights: alphaTUB’ Innovation is embodied in its Intellectual Property, including Patents, Designs, Patents Pending, Trademarks, and Copyrights. Intellectual Property is the foundation and lifeline of our business and preservation of Intellectual Property is our highest priority. All intellectual property rights of any description in the Products including without limitation patents, rights to inventions, copyright and related rights, moral rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world. Refer to Section on Intellectual Property for further details.
- Order: the offer made by You via the Website or Mobile App or Orders made through alternate offline modes to purchase one or more Products from the Company including Pre-Orders wherever applicable.
- Pre-Order: the offer made by You via the Website or Mobile App to purchase one or more products that may not yet be available for delivery from the Company at the time the offer is made You.
- Products: refers to Physical Hardware goods (such as TUB Board, Accessories) or Printed Content such as TUB Sheets, TUB Cards, TUB Books, TUB Photobooks, Free or Paid Training Courses and Course Content, Subscription Software-based Services (SaaS), Digitally downloadable Content offered for sale via the Website or by mode of in-App purchase, as specified thereon, (each individually a “Product”). The Term Product may also include access to any form of software application and the same shall also be subject to “End-Use-License-Agreement”.
- Terms: these terms and conditions are equally applicable for any purchase by customers purchasing via the website, any alphaTUB suite software application, mobile application, or offline mode.
- Website: the website at https://www.alphatub.com/ and any other micro-website published by the Company from time to time, the Term Website also includes alphaTUB Mobile Application, TUB Class Application, TUB Academy, TUB Analytics, TUB Guru and or any of the alphaTUB Suite of Applications.
- You: the person using the Website and/or making an Order to purchase any Products or the User of the Hardware Device, Printed Content, Web Applications, Mobile Application or the Online-Services and or the consumer of online and offline training courses.
2. ABOUT THESE TERMS
- These Terms set out the terms on which the Company provides the Website and offers for sale any Products to You and on which You agree to use the Website to make Orders. These Terms apply to all Orders made via the Website and even to all Orders made through alternate offline modes as the case may.
- Please review these Terms carefully and make sure that You understand them before using the Website and/or making an Order. If You do not agree to these Terms, You must cease use of the Website and must not make an Order through the Website. Please download a copy of these Terms and retain it for your records,
- By using the Website and/or making an Order, You accept and agree to be bound by these Terms.
- The Company may at any time modify these Terms. The Company will notify You of any changes to these Terms by posting a notice on the Website. By continuing to use the Website and/or making any Order after changes to these Terms are made and published on the Website, You agree to be bound by such changes also.
- If we have to revise these Terms as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel as a result of any changes to these Terms, you will have to return (at our cost) any relevant Products you have already received as per the Returns & Refund Policy, and we will arrange a full refund of the price you have paid, including any delivery charges.
- Every time you order Products from us or otherwise interact with us (including without limitation in uploading any Content to the Website), the Terms in force at the time of your order will apply to the Contract between you and us.
- In case of any query related to the terms of this document please contact firstname.lastname@example.org.
- DESCRIPTION & DIRECTIONS FOR SAFE USE
- The description of any Product shall be as set out on the Website. In addition to the description of Products wherever applicable the Company has provided How it Works – Video Tutorials. We advise you to kindly read the detailed description, watch the videos and make yourself well informed about the product and its working prior to making any purchase of the Products.
- The Physical Hardware Products are intended for use by children aged 3+ under adult supervision. Some Physical Products contain small moveable parts, which could be swallowed by children. In particular, Your attention is drawn to the size of the letter pegs which may be in small parts. Further, these small parts could be swallowed and could harm children. You are advised to supervise children at all times and to prevent children from attempting to swallow any small parts of the Product.
- The innovative hardware products of the company are designed to work with or without accessing the software applications provided by the company in the form of a Mobile App or Subscription-Based Software-based Services (SaaS), Digitally downloadable Content, and Free or Paid Training Courses. You agree that in order to enjoy the innovative features of the Hardware Product You will be required to sign up to the Mobile app or required to opt-in to the Subscription Services which you must do only after accepting the EULA by agreeing to & clicking I Accept in the Mobile or Web-based App. Refer to the Section on EULA for more details.
4. PLACING AN ORDER FROM THE WEBSITE
- If you are a consumer, you may only purchase Products from our Website if you are at least 18 years old.
- If you’re a school, organization, government, business, or other entity, you must confirm that you have the authority to bind any business on whose behalf you use the Website to purchase Products.
- You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms you also confirm your understanding as per the Safe Harbor statement.
- PRICE & PAYMENT
- The Price for any Product shall be the Price set out on the Website and also in the order summary displayed on the checkout page. Unless specified at the time of checkout, wherever applicable in such cases the Delivery charges are excluded in the Price of the Product(s) and are dependent on You correctly selecting the region to which delivery must be made, you must confirm this prior to check out on the Website.
- In the event that You select the wrong region for delivery on the Website, You will be required to pay an additional sum on demand prior to delivery taking place to the new or corrected address provided by you.
- The Physical Hardware Products of the company may not be available in all countries. However, if You require delivery of the Products to a location or legal jurisdiction which is not served by the Company, in such case You are responsible for, and shall pay promptly as required, all taxes and duties required on or for or in relation to the importation of the Products into the relevant jurisdiction.
- We may offer a variety of payment methods to pay for purchases, such as a credit and debit card, PayPal Account, Visa, and Swift.
- In case we are legally present in a country we accept the currency in the country as per law. For all overseas orders, we only accept payments in United States Dollars (USD).
- We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase.
7. HOW A CONTRACT IS FORMED BETWEEN YOU AND US
- Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order on each page of the order process.
- You may make an Order to purchase one or more Products from the Company via the Website. You can select the type and number of Products You wish to purchase. You can also select the applicable currency in which You wish to pay and the region to which the Product(s) will be delivered. Whenever You will choose a location outside a location or legal jurisdiction which is not served by the Company, an additional fee will be added to the cost of the Products to cover the additional cost of delivering to Your location. Due to certification restrictions, we may not be able to deliver to your jurisdiction. We may publish a list of jurisdictions to which we are unable to deliver or in exceptional cases, we may inform you of the same after you have placed the Order.
- You will be directed to the checkout (which is operated by our payment services provider. At checkout, You will be required to provide certain information and to pay for the Order (or Pre-Order) via the selected payment gateway.
- The Company will not be provided with Your debit or credit card or bank account details.
After you place an Order or Pre-Order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your Order or Pre-Order has been accepted. Our acceptance of your Order or Pre-Order will take place as described in clause 6.7.
- In the case of Physical Hardware Products, we will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (the “Dispatch Confirmation”
- A contract between us will only be formed between you and the Company when we send you the Dispatch Confirmation and the Contract will be on these Terms to the exclusion of all other terms and conditions (including any terms or conditions You may purport to apply). In case of an order or on making payment that allows for using the Mobile App or Subscription-Based Software-based Services (SaaS), Digitally downloadable Content and the Free or Paid Training Courses, A Contract between us will only be formed between you and the Company immediately on payment and on activation of the services.
- The Company is under no obligation to accept any Order or Pre-Order.
- If we are unable to supply you with a Physical Hardware Product, for example, because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
8. DELIVERY (ONLY IN CASE OF PHYSICAL HARDWARE PRODUCTS)
- The Company may use different channels such as Post Mail and private postal and courier services to deliver Products. Products will be delivered to the delivery address stated in the Order. You are responsible for ensuring that You give the correct address.
- Occasionally (for example where You have made a Pre-Order) Your address may change between the date of the Pre-Order and the date of delivery. In such circumstances, the Company may in its sole and absolute discretion agree to deliver the Product(s) to a new address. You will be required to sign a waiver and disclaimer which authorizes the Company to deliver to the new address and waives any rights You may have to require a refund of the Price by reason of non-delivery to the originally stated address.
- You will be required to pay any additional delivery charge incurred in changing the address (for example if the new region for delivery is different to that originally stated). In the event that any new delivery address is in a region where the cost of delivery is less than that originally stated, You will not be entitled to any refund of the excess delivery cost.
- Products that are the subject of a Pre-Order are not available for delivery. They will be delivered once the relevant Product has been manufactured and we will confirm to you a delivery date as and when the products can be made available for shipping, this will be done solely at the discretion of the Company.
- The Company makes Products always in limited quantities and so Products which are ordered may not be in stock at the time of ordering. The Company will provide an estimate as to when it will be able to dispatch ordered Products. These estimates are not binding on the Company. Time shall not be of the essence in relation to the delivery of Products. The Company is not liable for any delays caused by postal or courier services.
- The Company shall not be liable for any loss, costs, damages, charges, or expenses caused directly or indirectly by any delay in the delivery of the Products, or by non-delivery of the Products (even if caused by the Company’s negligence), nor shall any delay entitle You to terminate or rescind the Contract unless such delay exceeds 60 days from the estimated delivery time confirmed to You in writing by the Company at the time of the creation of the Contract.
- The Company may deliver the Products in separate installments.
- Risk in the Hardware Products shall pass to You at the instance of Delivery.
- Ownership of the Hardware Products shall not pass to You until the later of:
- the Company receiving in full (in cash or cleared funds) all sums due to it in respect of the Hardware Products and any postage and insurance costs; and
- The transfer of title shall not include any of th21e software or any form of code in source or object form
- The transfer of title shall also not include any form of transfer of title or ownership of Intellectual Property.
- The use of the mobile applications is governed by an End-Use License Agreement that You accept at the time of signing up at the Website or Mobile Application.
10. RIGHTS TO RECOVER PAYMENTS & COLLECT DUES
- The Company shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from the Company.
- For the avoidance of doubt, in the event that You, Your bank, or credit or debit card issuer impose a chargeback with the result that the Company has not received the full price plus any delivery charges in respect of any Order, the Company shall be entitled to require payment for the full Price and including any delivery charges and any interest charged pursuant to clause 6.1, You must not request a chargeback if You wish to cancel Your Order.
- The Company shall be permitted to charge interest at 12% above the base rate of the Bank, we bank within the respective jurisdiction from time to time as from the date on which any sums were due to it to the date of payment or judgment (as applicable).
11. RETURN AND REFUND POLICY
- In the case of Physical Hardware Products, the Company has a strict no returns policy.
- However, if a Physical Hardware Product received is Defective or Damaged or Not as Described, the same should be returned to The Company no later than the day of delivery.
- If you have received a damaged or defective product or if it is not as described, you can raise a replacement request on the Website/App/Mobile site within the applicable Returns Policy period (with detailed description and images).
- In a rare event of the replacement being defective/damaged or not as described on the product page, a full refund will be provided once we receive the product on as-is basis.
- All The Company products are sold on a non-returnable basis.
1.1 Returns Processing
If you’re facing any issues with a product purchased from The Company, we shall help by verifying and trying to resolve your product issue as part of the return verification process. The issue resolution steps may be shared with you as self-help, or with assistance overcall.
1.2 Returns Pick-Up
In case of returns item(s) would be picked up only from the address where they were originally delivered. And an attempt to pick up would be made only one time in such cases.
- During pick-up, your product will be checked for the following conditions.
- Correct Product
- Name/image/brand/serial number/article number/bar code should match and price tag should be un-detached and clearly visible.
- Complete Product
- All in-the-box accessories (like starter kits, instruction manuals, etc.), freebies, and combos (if any) should be present.
- Unused Product
- The product should be unused, unwashed, unsoiled, without any stains, and with non-tampered quality check seals/ (wherever applicable).
- Undamaged Product
- The product should be undamaged and without any scratches, dents, tears, or holes.
- Undamaged Packaging
- The product’s original packaging/box should be undamaged.
12. OUR LIABILITY IF YOU ARE A BUSINESS [This clause 11 only applies if you are a business customer.]
- We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
- Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- defective products under the Consumer Protection Act of India.
- Subject to clause 10.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information, or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 10.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products paid by you to us.
- Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the Products. Any representation, condition, or warranty which might be implied or incorporated into these Terms by statute, common law, or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes and we will not be liable for damage incurred in the use of the equipment.
13. OUR LIABILITY IF YOU ARE A CONSUMER [This clause 12 only applies if you are a consumer.]
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
- We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business, or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) defective products under the Consumer Protection Act of India.
The Physical Hardware Products are intended for use by children aged 3+ under adult supervision. You are advised to supervise children at all times and to prevent children from attempting to swallow any small parts of the Product. Notwithstanding the foregoing, you are reminded that we are not responsible for any injury you or a child suffers as a result of using any Products.
14. OUR LIABILITY IF YOU ARE AN AUTHORIZED DISTRIBUTOR or RESELLER
- If you are an Authorized Distributor & Reseller we only supply the Products for resale thru’ your channel exclusively & only for reselling to schools or businesses, and you agree not to try and resell the Product to any individual or home users in whatsoever form.
- Any form of violation of this policy doctrine will attract termination of our reseller agreement with you without any notice whatsoever.
- Distributors & Resellers are also required to sign a separate Distributorship & Reseller Agreement & Undertaking of Code of Conduct.
10. EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
- An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel a Contract affected by an Event Outside Our Control that has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received. as per Returns & Refund Policy, and we will refund the price you have paid, including any delivery charges.
In the case of Physical Hardware Products, all Applicable products of the Company shall be as per International Certification & Standards and compliances & some may be non-certified products. Except to the extent required by law, the Company gives no warranties as to quality, durability, or suitability for purpose of the Products.
12. IP RIGHTS AND CONFIDENTIALITY
- Nothing in the Contract transfers ownership of, or grants any rights over, IP Rights to You, which You acknowledge are the sole property of the Company.
- You undertake to the Company:
- not to copy, alter, redesign or attempt to reverse engineer, the Products in any way involving (whether directly or indirectly) a commercial purpose;
- not to disassemble, take apart, or otherwise alter the Products; and
- not to resell the Products.
- You undertake to communicate promptly to the Company any proposals or suggestions for improvements or adaptations to the Products, and not otherwise to communicate or seek to utilize such matters either directly or indirectly. Any IP Rights resulting from such communication shall be the sole property of the Company.
- The names of the Products and all the graphics, logos, icons, and service names related to the Products and/or the Website are registered and unregistered trademarks or trade dress of the Company. They may not be used without the Company’s prior express written permission.
- All other trademarks not owned by the Company that appears in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
- We are and our licensor(s) are the sole owners of the Website, which includes any software, domains, and Content made available through the Website. The Website is protected by various international copyright and other intellectual property laws.
- Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without our prior express written consent.
- Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. We reserve the right to terminate the limited license without notice at any time following an unauthorized use by you of the Website.
- Our name and our graphics, logos, icons, and service names related to the Website are registered and unregistered trademarks. They may not be used without our prior express written permission.
- All other trademarks not owned by us that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
13. SOFTWARE END-USER-LICENSE-AGREEMENT (EULA)
- Your use of Mobile or Web Applications is exclusively only for Your personal or School use and for no commercial purposes whatsoever.
- Your continued use of any Software or Mobile Application provided by the Company is subject to the Terms of Software End-Use-License-Agreement that You accept at the time of signup in order to ensure the smooth functioning of Hardware Products purchased by you.
- By agreeing & clicking I Accept at the time of sign-up you undertake to abide by the Terms of Software EULA at all times.
- You also agree that in case You chose not to accept the EULA and while you may still continue to use the Hardware Products of the Company however as per this Clause 16 You agree & undertake that in such a situation as the case may be You may not be able to exploit & enjoy the complete capabilities, features & benefits of the Hardware as mentioned on the Website.
- You further agree & confirm that in order to enjoy the innovative features of the Hardware Product You will be required to sign-up by accepting the EULA by agreeing & clicking I Accept in the Mobile App.
14. YOUR CONDUCT
- By downloading and/or using the Website, You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website.
- You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies, or regulations of networks connected to the Website, including these Terms.
- You also agree not to:
- attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;
- attempt to gain access to secured portions of the Website to which You do not possess access rights;
- impersonate any other person while using the Website;
- conduct Yourself in a vulgar, offensive, harassing, or objectionable manner while using the Website;
- resell or export the software associated with the Website;
- use the Website to generate unsolicited advertisements or spam; or
- use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
- Whenever You make use of a feature that allows You to upload Content to the Website, or to make contact with other users of the Website, You must comply with the Content Standards set out herein.
- You warrant that any such contribution does comply with those standards, and You will be liable to us and indemnify us for any breach of that warranty. If You are a consumer user, this means You will be responsible for any loss or damage we suffer as a result of Your breach of warranty.
- Any Content You upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in Your Content, but you are required to grant us and other users of the Website a limited license to use, store and copy that content and to distribute and make it available to third parties.
- We also have the right to disclose Your identity to any third party who is claiming that any Content posted or uploaded by You to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by You or any other user of the Website.
- We have the right to remove any posting You make on the Website if, in our opinion, Your post does not comply with the Content Standards set out herein.
- The views expressed by other users on the Website do not represent our views or values.
- You are solely responsible for securing and backing up your Content.
- Content Standards
- These content standards apply to any and all material that You Upload or contribute to the Platform Website (“Content”), and to any interactive services associated with it.
- You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Content as well as to its whole.
- Content must:
- be accurate (where they state facts).
- be genuinely held (where they state opinions).
- comply with applicable law in India and in any country from which they are posted.
- Content must not:
- contain any material which is defamatory of any person.
- contain any material which is obscene, offensive, hateful, or inflammatory.
- promote sexually explicit material.
- promote violence.
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- infringe any copyright, database right, or trademark of any other person.
- be likely to deceive any person.
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- promote any illegal activity.
- be threatening, abuse, or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety.
- be likely to harass, upset, embarrass, alarm, or annoy any other person.
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- give the impression that they emanate from us if this is not the case.
- advocate, promote, or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- By uploading any Content to the Platform or Website containing images of children, you represent and warrant that you have received the written consent of the parent or guardian of each child visible in such Content to the use of the Content on the Website. You hereby agree to indemnify us against any action, claim, loss, or damages incurred by us as a result of any breach of the above warranty.
15. THE COMPANY’S RIGHTS
- In providing You with access to the Platform, Website or Mobile App and permitting You to make Orders for Products via the Website, the Company reserves the following rights, and in accessing, browsing, or otherwise using the Website and/or making any Order via the Website You grant to the Company and agree that the Company shall have the following rights:
- the right to refuse or withdraw Your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in the Company’s sole and absolute discretion You violate or breach any of these Terms;
- the right to remove any Product from sale without giving You notice or any reason;
- the right to cancel any Order or amend in part any Order without giving You notice or any reason, save that in such circumstances the Company shall refund such part of the Order as has been canceled by it;
- the right to amend or update the Website, prices of any Products, billing methods, or these Terms from time to time;
- the right to report You to the police or other judicial body if the Company believes in its sole and absolute discretion that Your conduct (whether in using the Website, making an Order for any Products or otherwise) is or may be unlawful.
16. ELECTRONIC COMMUNICATIONS
By downloading and/or using the Website and/or making any Order through the Website, You consent to receive electronic communications and notices from the Company. You agree that any notice, agreement, disclosure, or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
- You may provide the Company with information when You use the Website. The Company also collects information both relating to You (for example on Your usage and purchase history) and to users of the Website in general.
The Company may change or discontinue the availability of the Website and at any time without prior notice. The Company reserves the right to terminate these Terms for any reason, without notice, and these Terms shall automatically terminate in the event that You violate any of the Terms set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Website and will not make any Order.
The Company may assign the Contract or any part of it to any person, firm, or company.
You may not assign the Contract or any part of it without the prior written consent of the Company.
- These Terms are agreed between You and the Company. No other person shall have any rights under or in connection with these Terms.
- If any court or competent authority decides that any term of these Terms is held to be invalid, unlawful, or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
- The Company reserves the right to charge interest on any late payments at the rate of 12% per annum above the base rate of its bank in India. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
- Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
- Any failure by the Company to enforce any provision of these Terms shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
- These Terms set forth the entire understanding and agreement between You and the Company with respect to the subject matter hereof.
- Capitalized terms used in this document but otherwise not defined shall have the meaning given in the Terms
21. GOVERNING LAW AND JURISDICTION
- These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India.
- You irrevocably agree that the courts of Mumbai, India shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms agreement or their subject matter or formation (including non-contractual disputes or claims).