Terms & Conditions
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 Act, 2000. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
Please
read the following terms and conditions very carefully as your use of service
is subject to your acceptance of and compliance with the following terms and
conditions.
Introduction:
Shopinverter.in ('Website') is an online service owned and
operated by R M Battery & Power Solutions ('R M Battery or 'we' or 'us').
In using the Shopinverter.in service, you are deemed to have accepted the terms
and conditions of the agreement listed below or as may be revised from time to
time ('User Agreement'), which is, for an indefinite period and you understand
and agree that you are bound by such terms till the time you access this
Website. If you have any queries about the terms and conditions of this User
Agreement or have any comments or complaints on or about the Website, please
email us at shopinverter.in, info@shopinverter.in or call us on +91- 90 9292
2233. We reserve the right to change the terms and conditions of this User
Agreement from time to time without any obligation to inform you and it is your
responsibility to look through them as often as possible.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR
AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ
THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
Accuracy of content and invitation to offer:
We have taken all care and precaution to try and provide
accurate data and information. In the preparation of the content of this
Website, in particular to ensure that prices quoted are correct at time of
publishing and all products have been fairly described. All prices are
displayed inclusive of GST for Products & services. Packaging may vary from
that shown. The weights, dimensions and capacities given are approximate only.
We have made every effort to display as accurately as possible the colours of
our products that appear on the Website. However, as the actual colours you see
will depend on your monitor, we cannot guarantee that your monitor's display of
any colour will accurately reflect the colour of the product on delivery. All
products/services and information displayed on the Website constitute an
invitation to offer. Your order for purchase constitutes your offer which shall
be subject to the terms and conditions of this User Agreement. We reserve the
right to accept or reject your offer in part or in full. Our acceptance of your
order will take place upon dispatch of the product(s) ordered. Dispatch of all
the product(s) ordered, may or may not happen at the same time, in such a
scenario that portion of the order which has been dispatched will be deemed to
have been accepted by us and the balance would continue to be on offer to us
and we reserve the right to accept or reject such balance order. No act or
omission of R M Battery prior to the actual dispatch of the product (s) ordered
will constitute acceptance of your offer. If you have supplied us with your
email address or phone number, we will notify you by email and/or phone number,
as the case may be, as soon as possible to confirm receipt of your order and
email/contact you again to confirm dispatch and therefore acceptance of the
order.
Usage Restrictions:
You shall not use the Website for any of the following purposes:
Disseminating any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene, or otherwise objectionable material.
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.
Gaining unauthorised access to other computer / network systems.
Interfering with any other person's use or enjoyment of the
Website.
Breaching any applicable laws.
Interfering or disrupting networks or websites connected to the
Website.
Making, transmitting or storing electronic copies of materials
protected by copyright without the permission of the owner.
You are not permitted to
host, display, upload, modify, publish, transmit, update or
share any information on the Website that belongs to another person and to
which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, 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;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly offensive or menacing
in nature;
impersonate another person;
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer resource including the Website;
threatens the unity, integrity, defence, security or sovereignty
of India, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognisable offence or prevents
investigation of any offence or is insulting any other nation.
You are also prohibited from:
violating or attempting to violate the integrity or security of
the Website or its content;
transmitting any information (including job posts, messages and
hyperlinks) on or through the Website that is disruptive or competitive to the
provision of services by us;
intentionally submitting on the Website any incomplete, false or
inaccurate information;
making any unsolicited communications to other users of the
Website;
using any engine, software, tool, agent or other device or
mechanism (such as spiders, robots, avatars or intelligent agents) to navigate
or search the Website;
attempting to decipher, decompile, disassemble or reverse
engineer any part of the Website;
copying or duplicating in any manner any of the content on the
Website or other information available from the Website;
framing or hotlinking or deeplinking any content on the Website.
Quantity Restrictions:
We reserve the right, at our sole discretion, to limit the
quantity of items purchased per person, per household or per order. These
restrictions may be applicable to orders placed by the same account, the same
credit / debit card, and also to orders that use the same billing and/or
shipping address. We will provide notification to the customer should such
limits be applied. We also reserve the right, at our sole discretion, to
prohibit sales to any one as we may deem fit.
Pricing Information:
While we strive to provide accurate product and pricing
information, pricing or typographical errors may occur. We cannot confirm the
price of a product until after you order. 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, we shall have the right, at our sole discretion, to
refuse or cancel any orders placed for that product, unless the product has
already been dispatched. In the event that an item is mis-priced, we may, at
our sole discretion, either contact you for instructions or cancel your order
and notify you of such cancellation. Unless the product ordered by you has been
dispatched, your offer will not be deemed accepted and we will have the right
to modify the price of the product and contact you for further instructions
using the e-mail address or the contact number provided by you during the time
of registration, or cancel the order and notify you of such cancellation. In
the event we accept your order the same shall be debited to your credit / debit
card account and duly notified to you by email or the contact number, as the
case may be, that the payment has been processed. The payment may be processed
prior to dispatch of the product that you have ordered. If we have to cancel
the order after we have processed the payment, the said amount will be reversed
back to your credit / debit card account. We strive to provide you with best
value, however prices and availability are subject to change without notice.
Our promotional offers/discounts are not sitewide and are
limited to selected categories. Coupon codes may not be applicable on specific
categories or such other product or service as may be determined by us in our
sole discretion.
Indemnity:
We disclaim all warranties or conditions, whether expressed or
implied, (including without limitation implied, warranties or conditions of
information and context). We shall not be liable to any person for any loss or
damage which may arise from the use of any of the information contained in any
of the materials on this Website. This User Agreement and any contractual
obligation between us and you will be governed by the laws of India, subject to
the exclusive jurisdiction of Courts in Chennai. All disputes will be subject
to arbitration in Chennai in English by a single arbitrator appointed by us
under the Arbitration and Conciliation Act, 1996. Each party to arbitration
shall bear its own cost.
You agree to defend, indemnify and hold harmless R M Battery,
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 R M
Battery 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 User 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 User
Agreement.
Eligibility to use:
Use of the Website is available only to persons who can form
legally binding 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. We reserve the right to terminate your membership and refuse to
provide you with access to the Website at our sole discretion. The Website is
not available to persons whose membership has been suspended or terminated by
us for any reason whatsoever. If you are registering as a business entity, you
represent that you have the authority to bind the entity to this User
Agreement. We make no representation that any products or services referred to
in the materials on this Website are appropriate for use, or available outside
India. Those who choose to access this Website from outside India are
responsible for compliance with local laws if and to the extent local laws are
applicable. We will deliver the products only within India and will not be
liable for any claims relating to any products ordered from outside India. Some
Indian states prohibit direct sale of merchandise from other states and require
special documentation to effect such a sale without dual taxation, if we
receives an order from such states or to be delivered to such states under such
circumstances we retain the right to accept or reject the order at our sole
discretion. Those who choose to access this Website from Indian states which
restrict such use are responsible for compliance with local laws if and to the
extent local state laws are applicable. We will deliver the products only
within states having open import policy and will not be liable for any claims
relating to any products ordered from restricted states. Except where
additional terms and conditions are provided which are product specific, these
terms and conditions supersede all previous representations, understandings, or
agreements and shall prevail notwithstanding any variance with any other terms
of any order submitted.
Refusal of service:
We reserve the right to refuse service to anyone at any time. We
reserve the right, in our sole discretion, to suspend or cancel the service at
any time if a computer virus, bug, or other technical problem corrupts the
security, or proper administration of the service.
Financial Details:
You agree, understand and confirm that the credit / debit card
details or other financial details provided by you for availing of services on
the Website will be correct and accurate and you shall not use the credit
/debit card or financial facility which is not lawfully owned / obtained by
you. You also understand that any financial information submitted by you is
directly received by our acquiring bank and not taken by us. We will not be
liable for any credit / debit card fraud. The liability for use of a card
fraudulently will be on you and the onus to 'prove otherwise' shall be
exclusively on you. We and our associated acquiring bank or financial
institutions reserve the right to recover the cost of goods, collection charges
and lawyers’ fees from persons using the Website fraudulently. We and our
associated acquiring banks or financial institutions reserve the right to
initiate legal proceedings against such persons for fraudulent use of the
Website and any other unlawful acts or acts or omissions in breach of these
terms and conditions in accordance with applicable laws.
Communication:
When you visit the Website or send emails to us, you are
communicating with us electronically. You consent to receive communications from
us electronically. We will communicate with you by email or by posting notices
on the Website. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. When you submit your phone
number along with your shipping address or to request our call back, you
consent to receive calls on that number for communication related to your
order/request and other site related communication.
Website feedback, user comments and user generated content:
All reviews, comments, feedback, postcards, suggestions, ideas,
and other submissions disclosed, submitted to us on or by this Website or
otherwise disclosed, submitted or offered in connection with your use of this
Website (collectively, the "Comments") shall be and remain our
property. Such disclosure, submission or offer of any Comments shall constitute
an assignment to us of all worldwide rights, titles and interests in all
copyrights and other intellectual properties in the Comments. Thus, we own
exclusively all such rights, titles and interests and shall not be limited in
any way in its use, commercial or otherwise, of any Comments. We will be
entitled to use, reproduce, disclose, modify, adapt, create derivative works
from, publish, display and distribute any Comments you submit for any purpose
whatsoever, without restriction and without compensating you in any way. We are
and shall be under no obligation (1) to maintain any Comments in confidence;
(2) to pay you any compensation for any Comments; or (3) to respond to any
Comments. You agree that any Comments submitted by you to the Website will not
violate this policy or any right of any third party, including copyright,
trademark, privacy or other personal or proprietary right(s), and will not
cause injury to any person or entity. You further agree that no Comments
submitted by you to the Website will be or contain libelous or otherwise
unlawful, threatening, abusive or obscene material, or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings or any form of 'spam'. We do not regularly review posted Comments, but
do reserve the right (but not the obligation) to monitor and edit or remove any
Comments submitted on the Website. You grant us the right to use the name that
you submit in connection with any Comments. You agree not to use a false email
address, impersonate any person or entity, or otherwise mislead as to the
origin of any Comments you submit. You are and shall remain solely responsible
for the content of any Comments you make and you agree to indemnify us and our
affiliates for all claims resulting from any Comments you submit. We and our
affiliates take no responsibility and assume no liability for any Comments
submitted by you or any third party.
Copyright & Trademark:
We and our suppliers and licensors expressly reserve all
intellectual property rights in all text, programs, products, processes,
technology, content and other materials, which appear on this Website. Access
to this Website does not confer and shall not be considered as conferring upon
anyone any license under any of our or any third party's intellectual property
rights. All rights, including copyright, in this Website are owned by or
licensed to us. Any use of this 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 our prior permission. You may not
modify, distribute or re-post anything on this Website for any purpose. The
Shopinverter.in names and logos and all related product and service names,
design marks and slogans are the trademarks or service marks of RM Battery or
licensed to RM Battery. All other marks are the property of their respective
companies and you shall not use or exploit the same in any manner whatsoever.
No trademark or service mark license is granted to you in connection with the
materials contained on this Website. Access to this Website does not authorize
anyone to use any name, logo or mark which appear on the Website in any manner.
References on this Website to any names, marks, products or services of third
parties or hypertext links to third party websites or information are provided
solely as a convenience to you and do not in any way constitute or imply our
endorsement, sponsorship or recommendation of the third party, information,
product or service. We are not responsible for the content of any third party
websites and does not make any representations regarding the content or
accuracy of material on such websites. If you decide to link to any such third
party websites, you do so entirely at your own risk. All materials, including
images, text, illustrations, designs, icons, photographs, programs, music clips
or downloads, video clips and written and other materials that are part of this
Website 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. 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 Content,
the Website or any related software. All software used on this Website is the
property of RM Battery or its suppliers and licensors and protected by Indian
and international copyright laws. The Content and software on this Website may
be used only as a shopping resource. Any other use, including the reproduction,
modification, distribution, transmission, republication, display, or
performance, of the Content on this Website is strictly prohibited. Unless
otherwise noted, all Content are copyrights, trademarks, trade dress and/or
other intellectual property owned, controlled or licensed by us, our affiliates
or by third parties who have licensed their materials to us and are protected
by Indian and international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all Content on this Website is the
exclusive property of RM Battery and is also protected by Indian and
international copyright laws.
Objectionable Material:
You understand that by using this Website or any services
provided on the Website, you may encounter Content that may be deemed by some
to be offensive, indecent, or objectionable, which Content may or may not be
identified as such. You agree to use the Website and any service at your sole
risk and that to the fullest extent permitted under applicable law, we and our
affiliates shall have no liability to you for Content that may be deemed
offensive, indecent, or objectionable to you.
Termination:
We
may terminate this Agreement at any time. Without limiting the foregoing, we
shall have the right to terminate any passwords or accounts of End User in the
event of any conduct by End User which we, in our sole discretion, consider to
be unacceptable, or in the event of any breach by End User of this Agreement.
Our right to any Comments shall survive any termination of this User Agreement.
Any such termination of the User Agreement shall not cancel your obligation to
pay for the product already ordered from the Site or affect any liability that
may have arisen under the User Agreement
Limitation of Liability and Disclaimers:
The Website is provided without any warranties or guarantees and
in an "As Is" condition. You must bear the risks associated with the
use of the Website. The Website provides content from other Internet websites
or resources and while we try to ensure that material included on the Website
is correct, reputable and of high quality, we shall not be held liable or
responsible if this is not the case. We will not be responsible for any errors
or omissions or for the results obtained from the use of such information or
for any technical problems you may experience with the Website. This disclaimer
does not apply to any product warranty offered by the manufacturer of the
product as specified in the product specifications. This disclaimer constitutes
an essential part of this User Agreement. To the fullest extent permitted under
applicable law, we or our suppliers shall not be liable for any indirect,
incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other
intangible losses arising out of or in connection with the Website, its
services or this User Agreement. Without prejudice to the generality of the
section above, our total liability to you for all liabilities arising out of
this User Agreement be it in tort or contract is limited to the amount charged
to you, against the value of the products ordered by you. RM Battery, its
associates and technology partners make no representations or warranties about
the accuracy, reliability, completeness and/or timeliness of any content,
information, software, text, graphics, links or communications provided on or
through the use of the Website or that the operation of the Website will be
error free and/or uninterrupted. We assumes no liability whatsoever for any
monetary or other damage suffered by you on account of the delay, failure,
interruption, or corruption of any data or other information transmitted in
connection with use of the Website; and/or any interruption or errors in the
operation of the Website.
Website Security:
You are prohibited from violating or attempting to violate the
security of the Website, including, without limitation:
(a) Accessing data not intended for you or logging onto a server
or an account which you are not authorized to access;
(b) Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures without
proper authorization;
(c) Attempting to interfere with service to any other user, host
or network, including, without limitation, via means of submitting a virus to
the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;
(d) Sending unsolicited email, including promotions and/or
advertising of products or services; or
(e) Forging any TCP/IP packet header or any part of the header
information in any email or newsgroup posting. Violations of system or network
security may result in civil or criminal liability.
We will investigate occurrences that may involve such violations
and may involve, and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations. You agree not to use any device,
software or routine to interfere or attempt to interfere with the proper
working of this Website or any activity being conducted on this Website. You
agree, further, not to use or attempt to use any engine, software, tool, agent
or other device or mechanism (including without limitation browsers, spiders,
robots, avatars or intelligent agents) to navigate or search this Website other
than the search engine and search agents available from RM Battery on this
Website and other than generally available third party web browsers (e.g.,
Google Chrome, Firefox, Microsoft Internet Explorer).
MISCELLANEOUS
1.
Force Majeure:
Without prejudice to any other provision herein, we will not be liable for any
loss, damage or penalty as a result of any delay in or failure to deliver or
otherwise perform hereunder due to any cause beyond the our control, including,
without limitation, acts of the End User, embargo or other governmental act,
regulation or request affecting the conduct of Shopinverter.in 's business,
fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or
other labor difficulties, lightning, flood, windstorm or other acts of God.
2.
Entire Agreement:
This Agreement and any operating rules for the Website established by
Shopinverter.in constitute the entire agreement of the parties with respect to
the subject matter hereof.
3.
Waiver:
No waiver by either party of any breach or default hereunder is a waiver of any
preceding or subsequent breach or default. The failure of either party to
exercise any of its rights under this Agreement shall not be deemed a waiver or
forfeiture of such rights or any other rights provided hereunder.
4.
Headings:
The section headings used herein are for convenience only and shall be of no
legal force or effect.
5.
Severability:
If any provision of this Agreement is held invalid by a court of competent
jurisdiction, such invalidity shall not affect the enforceability of any other
provisions contained in this Agreement and the remaining portions of this
Agreement shall continue in full force and effect.
6.
Governing Law:
This Agreement will be governed by laws of India, subject to the Courts in
Chennai, without reference to conflict of laws principles, if any.
7.
Payment Decline:
We as a merchant shall be under no liability whatsoever in respect of any loss
or damage arising directly or indirectly out of the decline of authorization
for any Transaction, on Account of the Cardholder having exceeded the preset
limit mutually agreed by us with our acquiring bank from time to time.