TERMS AND CONDITIONS
THIS AGREEMENT, AS MODIFIED OR AMENDED FROM TIME TO TIME, SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.TECHHOLA.COM (THE "WEBSITE") AND ALL SERVICES PROVIDED BY TECHHOLA (THE "COMPANY") ON THE WEBSITE.
By using the Website in any manner, including but not limited to visiting or browsing the Website, you (individually "you" and collectively "users") agree to be bound by this Agreement. This Agreement applies to all users of the Website, including without limitation users who are students, mentors, vendors, customers, merchants and the contributors of content, information and other materials or Services on the Website. By subscribing to or using the Services you agree that you have read, understood and are bound by this Agreement, regardless of how you use the Services. If you do not want to be bound by this Agreement, you must not subscribe to or use the Services.
The Website provides the users with access to students’, mentors’, vendors’ and like-minded people’s profiles on the Website. Website also provides a platform and will act as an aggregator between buyers and sellers of parts and equipment (electrical and/or mechanical) through payment gateway to transact (the "Services"). By placing an order, you make an offer to Company to avail the Services and purchase products you have selected based on the terms and conditions stated below. You are required to create an account in order to purchase any product from the Website. This is required so we can provide you with easy access to print your orders and view your past purchases. Upon receiving an order, vendors shall ship the product ordered and purchased by you, to the address provided by you, and be entitled to its payment for the Services.
If this Agreement conflicts with any other document, this Agreement will prevail for the purposes of usage of the Website. As a condition of purchase, the Website requires your permission to send you administrative and promotional emails. Company will send you information regarding your account activity and purchases, as well as updates about Company's products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences.
ELIGILIBITY TO USE
Use of the Website is available only to persons who can legally enter into contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. If your age is below 18 years, you are prohibited to use/purchase/contract from/with the Website. Company reserves the right to terminate your membership and refuse to provide you with access to the Website if Company discovers that you are under the age of 18 years old or you have uploaded any illicit and/or obscene material on your profile. The Website is not available to persons whose membership has been suspended or terminated by Company for any reason whatsoever. If you are registering as a business entity, you represent that you are duly authorized by the business entity to enter into the Agreement and you have the authority to bind that business entity to this Agreement.
The right to use the Website is personal to the users and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password, if any. You acknowledge that, although the internet is often a secure environment, sometimes there are interruptions in Services or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is Company's objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Company, access to the Website may be interrupted, suspended or terminated from time to time. Company shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Company may discontinue disseminating any portion of information or category of information at its discretion.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Website's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). If you use the Website, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, Company strongly recommends that you exit from your account at the end of each session. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
LIMITED LICENSE AND SITE ACCESS
Company grants you a limited license to access and make personal use of the Website and the Services. This license does not include any downloading or copying of account information for the benefit of another merchant, supplier, vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any content available through the Website; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Company's sole discretion) an unreasonable or disproportionately large load on Company's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Company to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or license granted to you by Company.
COPYRIGHT AND TRADEMARK
Company and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, trademarks, content and other materials, which appear on the Website. Access to the Website does not confer and shall not be considered as conferring upon anyone, any license under either the Company's or any third party's intellectual property rights. All rights, (including copyright) in the Website are owned by or licensed to the Company, and any use of the Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of the Company. You may not modify, distribute or re-post anything on the Website for any purpose. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to the Website does not authorize anyone to use any name, logo or mark in any manner. References on the Website to any names, marks, products or services of third parties or hyperlinks to third party websites or information are provided solely for your convenience and do not in any way constitute or imply Company's endorsement, sponsorship or recommendation of such third party's information, product or service.
All materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and other materials that are part of the Website (collectively, the 'Contents') are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only, and no right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on the Website is the property of Company or its suppliers and protected by Indian and international copyright and intellectual property laws. The Contents and software on the Website may be used only as resource for purchasing products such as technological parts and equipment (electrical and/or mechanical). Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Website is strictly prohibited. The compilation of all Contents on this Website is also the exclusive property of Company and is protected by Indian and international copyright laws.
Company recognizes the value of providing accurate and timely content. However, the Website provides Services on "as is" basis and without warranties of any kind, either express, statutory or implied. Without limiting the foregoing, you should understand that there are no warranties (1) that access to the Websites will be error free or uninterrupted; (2) that the information on the Website will be accurate, complete or reliable; (3) that the Website will be free of any virus, worm, or other harmful software code or of title or non-infringement. Company hereby disclaims any and all implied warranties in connection with the Website, including without limitation of merchantability and fitness for a particular purpose.
Further, the Company and the Website takes no responsibility for the services or products that are sold or supplied by the merchants, suppliers and third party vendors. The Company makes no warranty to the end users for the quality, safety, usability, or other aspect of a product or service that is supplied by a merchant, supplier or third party vendor and the users take responsibility for their own actions in utilizing those services. Company hereby disclaims any guarantees of exactness as to the finish and appearance of the final product as ordered and purchased by the user.
DISCLAIMERS AND LIMITATION OF LIABILITY
Company expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under the Services in an obscene, vulgar or pornographic manner. Company also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant that the Website, its servers, or e-mail sent from the Website are free of viruses or other harmful components. Company will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Company does not represent or warrant maintaining the confidentiality of information, even though its current practice is to ensure reasonable efforts to maintain such. If you believe that your work has been used or is accessible on the Website in a way that constitutes intellectual property infringement, you may notify the Company by providing the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property that is allegedly infringed; (2) a description of the protected work that you claim has been infringed, including where the protected work exists or a copy of the protected work; (3) a description of where on the Website the material that you claim is infringing is located, reasonably sufficient to permit the Company to locate the material; (4) your address, telephone number, and email address; (5) a statement that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on such owner's behalf. Company’s agent for notice of claims of infringement for the Website can be reached by mail at email@example.com
DISCLAIMER AS TO THIRD PARTY WEBSITES
Company disclaims any responsibility for the accuracy, content, or availability of information found on websites that link to or from the Websites. You acknowledge that some advertisers or other companies employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive. The Company is not liable for the accuracy, copyright compliance, legality, or decency of material or content contained in third-party sites and/or advertisements (including pop-up ads) and you hereby irrevocably waive any claim against the Company with respect to such sites or advertisements. Company does not ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Websites.
PRICING INFORMATION AND MISPRICINGS
Company strives to provide with access to the best prices possible on products you order and purchase from the Website. Prices and availability are subject to change without any prior notice. The prices mentioned on the Website are not subject to comparison with the same or similar product(s). The pricing is subject to Company's pricing policy and the prices shall be determined only at Company's sole discretion.
While Company strives to provide accurate product and pricing information, mispricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Company will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Company accepts your order the same shall be debited to your credit card account. The payment may be processed prior to Company's dispatch of the product that you have ordered. If Company has to cancel the order after the processing of the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable on the orders made by the users under the cash on delivery ("COD") option.
EXCHANGE AND CANCELLATION
In the event you are not satisfied with the product received by you for any reason, you may have the option to exchange such product pursuant to the following conditions: i) the Company must receive the product to be returned for the purpose of exchange within 7 days from the date of delivery; ii) product should be returned unused, unworn, unwashed, undamaged and with the bills and all tags still attached. Returns that are damaged or soiled shall not be accepted and shall be sent back to you; iii) if the price of the later product is higher than the former one, you shall have to pay the price difference. Exchange with a product with lower price than the price of the former product is not allowed.
To send a product for exchange, please write to us at firstname.lastname@example.org
There is no return policy and no refund shall be processed against any return request. The Company shall not be liable for any damages caused to the product during transit. The Company shall not be able to process a cancellation request if the order of purchase has already been processed. If a cancellation is requested within 24 hours of the purchase, full refund of the amount paid shall be transacted in your account within 5 to 7 working days.
You shall not use the Website for any of the following purposes: (1) disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; (2)transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice; (3) gaining unauthorized access to other computer systems; (4) interfering with any other person's use or enjoyment of the Website; (5) breaching any applicable laws; (6) interfering or disrupting networks or websites connected to the Website; (7) making, transmitting or storing electronic copies of materials protected by copyright or any other intellectual property right without the permission of the owner.
You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this agreement.
This Agreement is effective unless terminated by either you or the Company. You may terminate this agreement at any time by informing us in writing through by registered post or email sent to us from your email address registered with us that you no longer wish to be associated with or use the Website, provided that you discontinue any further use of the Website. Company may terminate this agreement at any time without notice, and accordingly deny you access to the Website, and such termination will be without any liability to Company. Upon the termination of this agreement by either you or Company, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under this Agreement or otherwise. Company's right to any comments by you on the Website shall survive any termination of this agreement. Any such termination of this Agreement shall not cancel your obligation to pay for any order already placed through the Website or affect any liability that may have arisen under this Agreement.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and Company with respect to the Website and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Website and Services. Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
In the event any provision, clause, sentence, phrase or word hereof or the application thereof in any circumstances, is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remainder hereof, or of the application of any such provision, sentence, clause, phrase or word in any other circumstances.
The failure by either party to enforce at any time any of the provisions of the Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
Any legal claim or dispute arising out of or relating to the Agreement or Services shall be settled by binding arbitration in accordance with the Arbitration & Conciliation Act, 1996. The arbitration shall be conducted at New Delhi. The arbitration proceedings shall be in the English language.
The Agreement shall be governed by and interpreted in accordance with laws of India as applicable in New Delhi and shall be subject to the jurisdiction of the courts of New Delhi in India.