TERMS OF USE
Welcome to [www.techprobuddy.com], the website of TECHBUDDY ACCESSORIES LLP, having their registered office at 2783/1/B, National Housing Society, Hathital Vidyut Nagar, Rampur, Jabalpur, Madhya Pradesh – 482008, provides for a vast online platform wherein huge variety of tech related premium products are offered for sale. As an entity which deals with innovative products, we understand the importance of respecting the originality, quality, copyright, branding and other intellectual property rights. Irrespective of whoever we serve as our prospect, customer or browser, it is essential that adequate respect is given to the intellectual property rights of all the works that are displayed on the Website whether it is being purchased or not.
The Terms set out in this Website may be altered / amended from time to time depending on the policies of TECHBUDDY ACCESSORIES LLP and the prevailing market conditions. TECHBUDDY ACCESSORIES LLP requests you to read and understand them as often as possible as it may not be possible for TECHBUDDY
ACCESSORIES LLP to intimate you on every change that occurs in these Terms. We, through the Website, provide a platform that will enable you to view the contents and products uploaded across the world. With the best of intentions, techprobuddy.com endeavours to promote the extreme variety of premium quality tech products which it has knowledge of, access to, right to and in order to sell them including but not limited to other online market places and offline retail channels as the case may be.
BINDING CONTRACT
We therefore request you to read these terms of service (“Terms”) carefully and the
privacy policy (“Privacy Policy”) set out on the Website. The Terms and Privacy Policy
displayed on the Website, once accepted by you, becomes a legally binding contract
between you and Us. Your use of the Website, purchase of any Products displayed on
the Website, it a clear indication that you have completely agreed to the Terms and
Privacy Policy of the Website and all the rules, policies, procedures relating to the
services provided by TECHBUDDY ACCESSORIES LLP, including in relation to the
use of the Website, that may be amended from time to time without providing any
notice to you. If you want to ask us anything about these Terms or have any comments
or complaints on or about our Website please mail us at admin@techprobuddy.co.in
ELIGIBILITY TO USE
Reference to the term “You” on this Website shall mean you individually or in the
event you are accepting the Terms and Privacy Policy on behalf of any company or
body corporate or such other legal entity, it shall also mean and include such entity.
In order to use the Website and accept the Terms and Policy of the Website, you are
required to be of 18 years or above or in the event the same is being done on behalf of
a company or such other legal entity, you shall be authorized by such legal entity to
do such acts on behalf of them. If you do not meet these requirements or do not agree
to these Terms or the Privacy Policy, you may not create an account or use the Website.
TECHBUDDY ACCESSORIES LLP reserves the right to terminate your subscription
and / or refuse to provide you with access to the Website if it is discovered that you
are under the age of 18 years.
ACCOUNT & REGISTRATION OBLIGATIONS
In consideration of your use of our Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by our 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 we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof). You undertake to indemnify and keep indemnified TECHBUDDY ACCESSORIES LLP for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.
“Your Information” is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Website, you are responsible for maintaining the confidentiality of Your Login ID and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Login ID or Password. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You undertake to indemnify and keep indemnified TECHBUDDY ACCESSORIES LLP for any loss, claim, damage, costs (including legal and professional costs) relating to your responsibility or liability or failure including those aforesaid. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
CONTENT , COPYRIGHT & INTELLECTUAL PROPERTY POLICIES
You understand that all designs, information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the TECHBUDDY ACCESSORIES LLP (“Content”), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights. TECHBUDDY ACCESSORIES LLP, through its website, shall always make its best efforts to safeguard the interest and the rights of the designers with regards to their respective artwork (if any).
We request you to note that TECHBUDDY ACCESSORIES LLP do not pre-screen any of the Content or Products that are uploaded on the Website and therefore will not be in a position to examine or evaluate the same inter-alia in terms of its accuracy, usefulness, safety or such other features. TECHBUDDY ACCESSORIES LLP only provides an online platform for the sell of tech related products inter-alia on the Website and benefit to the best out of it. In doing so, we request you to be legally compliant as required under applicable laws. Further, TECHBUDDY ACCESSORIES LLP might not own any of the intellectual
property rights including copyright over the designs, contents and products displayed for sale on the Website as we only provides a platform that would facilitate the purchase and sale of the products uploaded. The user hereby agrees that TECHBUDDY ACCESSORIES LLP shall not be responsible for any claim being made in relation to the intellectual property rights of the contents / designs/ Products uploaded on the Website. However, we shall always be keen not to infringe any of the above rights in any manner whatsoever.
It shall be the sole discretion of TECHBUDDY ACCESSORIES LLP to pre-screen the design / content / Product uploaded on the Website. However, it is to be noted that TECHBUDDY ACCESSORIES LLP does not have any obligation to do so. If You believe in good faith that any content or Products made available through the Website infringes upon Your intellectual property rights, You may submit a notice of claimed infringement to us in writing to our designated Intellectual Property Rights Agent at admin@techprobuddy.co.in
GRANT OF RIGHTS & USER CONDUCT
So long as you comply with these Terms, TECHBUDDY ACCESSORIES LLP hereby grants You a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use the TECHBUDDY ACCESSORIES LLP services solely for their intended purpose as illustrated under these Terms. While using the Website you agree to:
- provide and maintain and update Your account information and to keep it true, accurate, current, and complete at all times;
- ensure that Your access to the Website is not illegal or prohibited by laws that apply to you;
- take Your own precautions to ensure that the process that You employ for accessing the Website and any linked websites does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
While availing the services offered by TECHBUDDY ACCESSORIES LLP you agree and accept that we are only providing you a platform to purchase uploaded products. It is to be noted that the consideration paid by the You for purchase of the Product uploaded on the Website will belong to TECHBUDDY ACCESSORIES LLP only and no one shall have any right over such consideration in any manner whatsoever.
CREDIT CARD DETAILS
You agree, understand and confirm that the credit card details provided by you for
availing of services on our Website will be correct and accurate and you shall not use
the credit card which is not lawfully owned by you, i.e. in a credit card transaction,
you must use your own credit card. You further agree and undertake to provide the
correct and valid credit card details when making payment on our Website. We do not
be store any information related to your Credit card/ Debit card or net banking. In
case we do not receive an authorization from the respective bank or the transaction
gets interrupted due to any reason, the transaction will be treated as failed and no
order will be processed for that transaction. In this case, if any amount has been
deducted from your account, the same will be credited back. We shall not be liable in
any event, for any credit card fraud that occurs to you. The liability for use of a card
fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on
you.
FRAUDULENT/DECLINED TRANSACTIONS
Our payment partner’s (being the Payment Gateways and facilitators and Banks) and
our fraud detection team constantly monitors your account in order to avoid
fraudulent accounts and transactions. Users availing discount coupons or vouchers
fraudulently shall be liable for legal actions under law and we reserve the right to
recover the cost of goods, collection charges and lawyers fees from persons using our
Website fraudulently. We reserve the right to initiate legal proceedings against such
persons for fraudulent use of our Website and any other unlawful acts or omissions
in breach of these terms and conditions. In the event of detection of any fraudulent or
declined transaction, prior to initiation of legal actions, we reserve the right to
immediately delete such user account(s) and dishonour all past and pending orders
without any liability. For the purpose of this clause, we shall owe no liability for any
refunds.
ELECTRONIC COMMUNICATIONS
When you visit techprobuddy.com, place an order with us, deal with us in any form
via e-mails, feedback, calls or any other mode of communication, you are permitting
us to communicate techprobuddy.com promotional offers to you via
mail/message/any other mode of communication. You consent to receive
communications from us electronically. We will communicate with you by e-mail or
by posting notices on this 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.
SMS COMMUNICATION
On registering in the Website, you agree that we may use your registered mobile
number on the Website to send Transaction related and other publicity related SMS to
you. You also grant us permission that we may send you any Transaction related SMS
irrespective of having DND services activated on your mobile.
YOU AGREE AND CONFIRM
- That You shall use the services provided by us, for lawful purposes only and shall comply with all applicable laws and regulations while using the Website and transacting on the Website.
- You shall provide authentic and true information in all instances where such information is requested of You. We reserve the right to confirm and validate the information and other details provided by You at any point of time. If upon confirmation Your details are found to be false (wholly or partly), we have the right and the sole discretion to reject the registration and debar you from using the services of our Website and / or other affiliated websites without prior intimation whatsoever.
- That You shall access the services available on this Website and transact at your sole risk and shall use your best and prudent judgment before entering into any transaction through this Website.
YOU AGREE AND CONFIRM THAT YOU SHALL NOT USE OUR WEBSITE FOR ANY OF THE FOLLOWING PURPOSES
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Infringing the intellectual property rights of any third parties.
- 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 unauthorized access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Website.
- Breaching any applicable laws, rules or regulations.
- Interfering or disrupting networks or web sites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owner.
MODIFICATION OF TERMS & CONDITIONS OF SERVICES
We may at any time modify the Terms of our Website without any prior notification
to you. You can access the latest version of the Terms at any given time on our Website.
You agree to regularly review the Terms on our Website. Should you wish to terminate
your account due to a modification to the Terms or the Privacy Policy, you may do so
from My Accounts section. However, if you continue to use the service you shall be
deemed to have agreed to accept and abide by the modified Terms of this Website.
GOVERNING LAW AND JURISDICATION
These Terms shall be construed in accord with the applicable laws of India. The Courts
at Jabalpur, Madhya Pradesh shall have exclusive jurisdiction in any proceedings
arising out of these Terms.
In the event of any dispute or difference either in interpretation or otherwise, of any
terms of these Terms of Use, the same shall be referred to an independent arbitrator
who will be appointed by TECHBUDDY ACCESSORIES LLP and such Arbitrator’s
decision shall be final and binding on You. The above arbitration shall be in
accordance with the Arbitration and Conciliation Act, 1996 as amended time to time.
The arbitration shall be conducted in English language and shall be held in New Delhi.
REVIEWS, FEEDBACK, SUBMISSIONS
We are constantly aimed at increasing the quality of our services and open to your
valuable reviews and feedbacks. All reviews, comments, feedback, postcards,
suggestions, ideas, and other submissions disclosed, submitted or offered on or by our
Website, 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 of use of comments; or (3) to respond
to any Comments. You agree that any Comments submitted by you to our Website
shall not violate this policy or any right of any third party, including copyright,
trademark, privacy or other personal or proprietary right(s), and shall not cause injury
to any person or entity. You further agree that no Comments submitted by you to our
Website will be or contain libelous or otherwise unlawful, threatening, abusive or
obscene material, or contain software viruses, bugs, worms, political campaigning,
commercial solicitation, chain letters, mass mailings or any form of “spam”.
We reserve the right (but not the obligation) to monitor and edit or remove any
Comments submitted to our Website, as per applicable laws. You grant us the right to
use the name that you submit in connection with any Comments. You undertake 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 that 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.
INDEMNITY
You agree to defend, indemnify and hold us and our employees, partners, officers,
agents and their successors and assigns, harmless from and against any and all claims,
liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or
arising out of or relating to claims based upon your actions or inactions, which may
result in any loss or liability to us or any third party, including but not limited to
breach of any warranties, representations or undertakings or in relation to the nonfulfillment of any of your obligations under these Terms of Use or arising out of the
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 in perpetuity the expiry or termination of these Terms of Use.
TERMINATION AND SURVIVAL OF THE TERMS AFTER THE TERM ENDS
TECHBUDDY ACCESSORIES LLP may terminate these Terms at any time. Without
limiting the foregoing, we shall have the right to immediately terminate any your
password or account or block your IP address, in the event of any conduct by you,
which TECHBUDDY ACCESSORIES LLP, in its sole discretion, considers to be
unacceptable, or in breach of these Terms. You may terminate these Terms at any time,
provided that you immediately discontinue any further use of our Website.
Notwithstanding any other provisions of these Terms, or any general legal principles
to the contrary, any provision of these Terms that imposes or contemplates continuing
obligations on a party including our right to any Comment will survive the expiration
or termination of these Terms.
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. 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 constitutes an essential part of these Terms. To the fullest extent
permitted under applicable law, We 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 these Terms. Without prejudice to the
generality of the section above, our total liability to you for all liabilities arising out of
these Terms, be it in tort or contract or any other legal theory is limited to INR [₹]. We,
our associates and technology partners make no representations or warranties about
the accuracy, reliability, completeness, relevance 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. Consequently, [www.dailyobjects.us] 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 SECURTIY
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; (c) attempting to interfere with service to any other user,
host or network, including, without limitation, via means of submitting a virus, bug
or worm or other file or software to the Site, 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. TECHBUDDY
ACCESSORIES LLP may 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.
ENTIRE TERMS
If any part of these Terms 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 Terms shall continue in effect.
Unless otherwise specified herein, these Terms and the Website policies constitute the
entire agreement between you and [www.techprobuddy.com] with respect to our
sites/services and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between you and us with respect to the
[www.techprobuddy.com]. Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar breaches.
GRIEVANCES REDRESSAL
Any report of violation of breach of privacy, Information or identify theft or grievances in relation to the Information shared, collected, stored or disseminated by in relation to the Website shall be communicated to the grievance officer. Our Grievance Officer shall undertake all reasonable efforts to address your grievances at the earliest possible opportunity. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Grievance Officer: Mr. Priyanshu Vishwakarma
Address: 2783/1/B, National Housing Society, Hathital Vidyut Nagar, Rampur,
Jabalpur, Madhya Pradesh – 482008
Email – admin@techprobuddy.co.in
