D. User Content Some areas of the website and the Products and Services, allow you to post content such your name, email address, phone number, current address or current location (in case of use of certain Products and Services that require the same), such information that you submit, post, display, or otherwise make available on the website or in the process of using any of the Products and Services shall constitute "User Content". The Company claims absolute ownership rights over any User Content provided by you; and, by sharing such information, you agree to allow others to view and/or share your User Content in accordance with your settings in the use of Products and Services. When you upload or otherwise submit content to our Services, you give TechnoPurple (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. You grant Us and Our Affiliates a worldwide, limited-term license to host, copy, transmit and display Your Data, and any Non-TechnoPurple Applications and program code created by or for You using a Service, as necessary for Us to provide the Services in accordance with this Agreement. Subject to the limited licenses granted herein, We acquire no right, title or interest from You or Your licensors under this Agreement in or to Your Data or any Non-TechnoPurple Application or program code. You grant to Us and Our Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by You or Users relating to the operation of the Services. Further, you agree not to post or transmit any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (ix) violates any school or other applicable policy, including those related to cheating or ethics; (x) interferes with other users of the website or Products and Services including, without limitation, disrupting the normal flow of dialogue in an interactive area of the website, Product and Services and deleting or revising any content posted by another person or entity; (xi) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You agree that any information that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. The Company reserves the right, but is not obligated, to reject and/or remove any such information that it believes, in its sole discretion, violates these provisions.
E. Software in the Products and Services When a Product and Service is in nature of downloadable software, this software may update automatically on the device on which the download has taken place, once a new version or feature is available. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that the Company gives you a personal, royalty-free, non-assignable and non-exclusive license to use the Products and Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Products and Services as provided by the Company, in the manner permitted by these terms. You may not: (i) modify, disassemble, decompile or reverse engineer the Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Software to any third party or use the Software to provide time sharing or similar services for any third party; (iii) make any copies of the Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software, features that prevent or restrict use or copying of any content accessible through the Software, or features that enforce limitations on use of the Software; or (v) delete the copyright and other proprietary rights notices on the Software.
F. Terms Relating to Your Use of Products & Services
1. FREE TRIAL
If You register on our website for a free trial, We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the applicable Service(s), or (b) the start date of any Purchased Service subscriptions ordered by You for such Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL. THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
2. OUR RESPONSIBILITIES
Provision of Purchased Services. We will (a) make the Services and Content available to You pursuant to this Agreement and the applicable Order Forms, (b) provide Our standard support for the Purchased Services to You at no additional charge, and/or upgraded support if purchased, and (c) use commercially reasonable efforts to make the online Purchased Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which We shall give at least 8 hours electronic notice and (ii) any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labour problem (other than one involving Our employees), Internet service provider failure or delay, Non - TechnoPurple Application, or denial of service attack. Protection of Your Data. We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data, as described in the Documentation. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Your Data by Our personnel except (a) to provide the Purchased Services and prevent or address service or technical problems, (b) as compelled by law, or (c) as You expressly permit in writing. Our Personnel. We will be responsible for the performance of Our personnel (including Our employees and contractors) and their compliance with Our obligations under this Agreement, except as otherwise specified herein. Beta Services. From time to time, We may invite You to try Beta Services at no charge. You may accept or decline any such trial in Your sole discretion. Beta Services are for evaluation purposes and not for production use, are not considered “Services” under this Agreement, are not supported, and may be subject to additional terms. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that a version of the Beta Services becomes generally available. We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.
3. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Products and Services are for your personal and non-commercial use. You may not commercially distribute, publish, license, or sell any information or services obtained from TechnoPurple. Subscriptions. Unless otherwise provided in the applicable Order Form, (a) Services and Content are purchased as subscriptions, (b) subscriptions may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions.
4. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THE WEBSITE OR SERVICES
Permission to use Documents (such as white papers, case studies, press releases, datasheets and FAQs) from TechnoPurple is granted, provided that (1) the following copyright notice: "© 2014 TechnoPurple IT Solutions Private Limited. All rights reserved." appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from TechnoPurple is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, unless permitted by exemptions under applicable copyright laws, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the TechnoPurple.com website, the Website or any other TechnoPurple owned, operated, licensed or controlled website. Elements of TechnoPurple websites, including the Website, are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any TechnoPurple website, including the Website, may be copied, retransmitted or made available unless expressly permitted by TechnoPurple or applicable law. The documents and related graphics published on TechnoPurple Website, Products or Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. TechnoPurple and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
6. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any TechnoPurple server, or the network(s) connected to any TechnoPurple server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any TechnoPurple server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not use the Services in a way that infringes rights of third parties, including, but not limited to, wilfully harming a person or entity, including TechnoPurple. TechnoPurple reserves the right at all times to disclose any information, the disclosure of which is necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TechnoPurple's sole discretion.
7. MATERIALS THAT YOU PROVIDE TO TechnoPurple OR POST ON THE WEBSITE
8. UNSOLICITED IDEA SUBMISSION POLICY TechnoPurple and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, IDEAS, SAMPLES, DEMOS, OR OTHER WORKS. The sole purpose of this policy is to avoid potential misunderstandings or disputes when TechnoPurple’s products or marketing strategies might seem similar to ideas submitted to TechnoPurple. So, please do not send your unsolicited ideas to TechnoPurple or anyone at TechnoPurple. If, despite our request that you do not send us your ideas and materials, you still send them, please understand that TechnoPurple will not compensate you for them and makes no assurances that your ideas and materials will be treated as confidential or proprietary.
9. LINKS TO THIRD-PARTY WEBSITES
TechnoPurple Products & Services may include links to third-party websites that let you leave the Website. These linked sites are not under the control of TechnoPurple and TechnoPurple is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. TechnoPurple is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TechnoPurple of the site. Your use of the third-party website may be subject to that third party’s terms and conditions.
G. Terms Relating to the Sale of Products to You 8. GEOGRAPHIC AVAILABILITY
TechnoPurple products & services are intended for use by customers who reside in the country or region serviced by this Website and there may be limits on where we can ship products as set forth in our shipping policies. To complete your purchase, you must have a valid billing and shipping address within that country or region.
9. END USERS ONLY
You must be an end user to purchase products from TechnoPurple. Resellers are not eligible to purchase.
10. EXPORT LIMITATIONS
Products purchased from TechnoPurple (including hardware, software and software downloads) may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such products.
11. ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all purchases made at TechnoPurple. You agree to promptly update your account and other information, including your email address and credit card, debit card, bank account numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions.
12. FEES AND PAYMENT FOR PURCHASED SERVICES
Fees. You will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form, (i) fees are based on Services and Content purchased and not actual usage, (ii) payment obligations are non-cancellable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term. Invoicing and Payment. You will provide Us with valid and updated credit card, debit card, bank account information, or with a valid purchase order or alternative document reasonably acceptable to Us. If You provide credit card, debit card information to Us, You authorize Us to charge such credit or debit card for all Purchased Services listed in the Order Form for the initial subscription term and any renewal subscription term(s). Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated in the applicable Order Form. If the Order Form specifies that payment will be by a method other than a credit card, We will invoice You in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced charges are due immediately from the invoice date. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information. Overdue Charges. If any invoiced amount is not received by Us by the due date, then without limiting Our rights or remedies, (a) those charges may accrue late interest at the rate of 2% of the outstanding balance per month, or the maximum rate permitted by law, whichever is higher, and/or (b) We may condition future subscription renewals and Order Forms on payment terms shorter than those in Invoicing and Payment. Suspension of Service and Acceleration. If any amount owing by You under this or any other agreement for Our services is 10 or more days overdue (or 10 or more days overdue in the case of amounts You have authorized Us to charge to Your credit card), We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full. We will give You at least 10 days’ prior notice that Your account is overdue before suspending services to You. Payment Disputes. We will not exercise Our rights under Overdue Charges or Suspension of Service and Acceleration above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. Taxes. Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible under this Section 6.6, We will invoice You and You will pay that amount unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against Us based on Our income, property and employees. Future Functionality. You agree that Your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Us regarding future functionality or features.
13. PRODUCT AVAILABILITY AND QUANTITY AND ORDER LIMITS
Product prices and availability are subject to change at any time and without notice. TechnoPurple may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household TechnoPurple may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for obvious errors on the Website or made in connection with your order. If we are unable to supply the products or services that you ordered, we will contact you and may offer you an alternative product to consider instead. If you do not choose to purchase the alternative product, we will cancel your order. In the event of obvious errors on the Website or made in connection with your order, we reserve the right to correct the error and charge you the correct price. In that situation, we will contact you and offer you the option of purchasing the product at the correct price or cancelling your order. Credits or refunds will be made to the same method of payment and account used to place the order.
14. SOFTWARE PURCHASES AND LICENSE TERMS
Any software made available to download or purchase from TechnoPurple is the copyrighted work of TechnoPurple and/or its suppliers. When you purchase software, you are actually purchasing a license to use the software rather than purchasing the software itself. Software licenses purchased at TechnoPurple are subject to the license agreement that accompanies the software (the "License Agreement"). You will be required to agree to the terms and conditions of the License Agreement when you install the software. PLEASE CONTACT TechnoPurple (AS DESCRIBED IN THE NOTICES AND COMMUNICATION SECTION BELOW) IF YOU WOULD LIKE A COPY OF THE APPLICABLE LICENSE AGREEMENT, AT NO COST, BEFORE YOU OPEN SOFTWARE. Any reproduction or redistribution of software or merchandise not in accordance with the relevant License Agreement and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk being prosecuted to the maximum extent possible. FOR YOUR CONVENIENCE, TechnoPurple MAY MAKE AVAILABLE AS PART OF THE MICROSOFT STORE OR SERVICES OR IN ITS SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD THAT ARE NOT PART OF THE PRODUCT OR SERVICES SOLD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TechnoPurple DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF ANY SUCH TOOLS AND UTILITIES. Please respect the intellectual property rights of others when using the tools and utilities made on the Microsoft Store or Services, or in software products or merchandise. Access and Interference You agree that you will not: a.) Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the website or the Products and Services or any portion of it, without the Company's express written consent, which may be withheld in the Company's sole discretion; b.) 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 the Company, other than the search engines and search agents available through the website and other than generally available third-party web browsers (such as Microsoft Explorer); c.) Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the website or the Products and Services; or d.) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the website or Products and Services. e.) Users agree not to use or launch any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., that accesses the website or Products and Services in a manner that sends more request messages to its servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
15. ELECTRONIC SOFTWARE DOWNLOADS
16. PRICE AND PAYMENT
Prices TechnoPurple will be as stated on the Website. If we have a Retail Store in your country or region, the prices, product selection and promotions offered there may be different from those on the Website. TechnoPurple does not guarantee that a price, product or promotion offered online will also be available or honoured at a Retail Store or vice versa. Pricing is for individual consumers. If you want to purchase for a commercial, or government organization, please ask for information about our volume licensing programs. TechnoPurple does not have a price match guarantee. We will not match the advertised price other retailers offer for the same items. We may offer you the opportunity to pre-order a product from our Website before it is available for purchase. If you do, we may place a hold on your credit or debit card at the time of pre-order but will not charge your card until the product is available for download or we ship it. If the advertised price of the product decreases between the date you pre-ordered and the date the product is available for download or shipping, we will charge you the lower price. You may cancel your pre-order before the product is shipped or available for download by calling our customer support number. Once your pre-order is shipped or available for download, our normal return policies apply. We will indicate on the Website if different pre-order terms apply to a specific product. Prices shown on the Website exclude all taxes or charges (“Taxes”) that may apply to your purchase. Prices shown on the Website also exclude delivery costs. Taxes and delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review the taxes and delivery costs before you confirm your purchase. Each item in your Shopping Cart is shown at the current price. TechnoPurple offers different payment options as identified on our Website. We reserve the right to change our payment options at any time and for any reasons. If offers are made in your local currency and are payable in another currency with an international credit card, final price in your currency will depend on the foreign exchange rates, taxes and fees applied by your bank or the issuer of your international credit card issuer. These transactions may be subject to taxes and/or fees on international transactions not charged by TechnoPurple.
17. AUTOMATIC RENEWAL PRODUCTS
Provided that automatic renewals are allowed in your country, region, province, or state, you may purchase subscriptions from us that automatically renew. If you purchase such subscription products and provide us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize TechnoPurple to charge you for the services using your payment method; and (iii) authorize TechnoPurple to charge you for any paid feature of the services that you choose to sign up for or use while this agreement is in force. We will inform you by email before automatically renewing any subscription products. Once we have informed you that your subscription will be automatically renewed, we may automatically renew your services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the services. You must cancel the services before the renewal date to avoid being billed for the renewal.
• We will ship orders within 7 working days if the product, service or software is in stock. The said timelines will not be applicable on any customized product or service. Expected delivery for products and services in stock is usually 21 to 28 days from the date of order and 100 % advance payment. • We deliver to all and any postal address around the world. Courier companies do not deliver to P.O.Box address, so we request you to provide full street address with pin code / zip code and telephone numbers. • Please note that there are no shipments made from the store on Saturdays, Sundays and public holidays as our logistics partner, does not make any pick-ups on those days. • Rural deliveries will take longer in some areas. • Orders are delivered by courier and require a signature upon delivery. • To ensure that your order reaches you in the fastest time and in good condition, we only ship through reputed courier agencies. • We will send you an email regarding the shipment of your order, as soon as the items are handed over to the Courier. These alert emails will contain the tracking number and courier companies website details along with expected date of delivery. You may also check the same on our order status page or by logging in to the My Account section on our site. • Tracking numbers for orders shipped might take 24 business hours to become active on the courier websites. • Time to ship mentioned on our website against each item are indicative and approximate values only and sometimes due to situations beyond our control, delays may occur. No refund, returns, replacement & exchange will be entertained for this reason. • Any dates for delivery are approximate only and we are not liable for any delay in delivering your order or any part of it. While we shall endeavor to ship all items in your order together, this may not always be possible due to product characteristics, or availability. We may choose to deliver your order in separate parts. In some cases we may offer to refund you for unfulfilled part of the order. • Customs is a government agency, which is responsible for regulating shipments entering a country or region. All shipments being sent to and from a country or region must clear customs first. It's always buyer's responsibilities to clear customs and pay the relevant custom duties. • We don't add taxes, VAT, or other hidden charges. You pay us exactly the price we marked on website,i.e. goods subtotal + shipping cost. • In most countries, however, you have to pay taxes or duties on imported goods. Sometimes goods under a certain value, or in certain categories, do not incur taxes. • The rules are different in every country. Unfortunately there is no way for us to know the rules, regulations, customs, traditions, practices, loopholes, schemes, systems, paperwork, codes, laws, or rulings of every single country. • Therefore, we cannot, and will not, offer advice about taxes in your country. As the buyer, it is your responsibility to find out that information before you order. • If you have to pay import taxes and/or additional duties and sales taxes, then you would have to pay that to the courier upon receipt of the package(s). We can't calculate this for you and there is no way to pre-pay it. • Please find out as much as you can about your import taxes in your own country before completing your order. • If the items are detained by customs after the ship left the seller's country,then the buyer is responsible for clearance of the detained items. • It is the buyer's responsibility for any custom duty fee that might be charged from delivery. How the import duty will be charged depends on each country's custom policies. • VAT / Custom Taxes and Import Duties are not in our control. They vary according to the rules of different countries and must be paid directly by the buyer. VAT / Custom Taxes and Import Duties are not included in our ordering process, but may be charged to you by your government. • International customers are responsible for any customs or duty fees levied by their country. We have no control over these charges and cannot predict where they will occur, as policies vary greatly from nation to nation. • They are entirely your responsibility. The courier company may also charge some additional service charges over and above custom duty on case to case basis. • If you believe that the product is not in good condition, or if the packaging is tampered with or damaged, before accepting delivery of the goods, please refuse to take delivery of the package. We shall make our best efforts to ensure that a replacement delivery is made to you at the earliest. • Please note all products & services will be shipped with an invoice mentioning the price, as per Indian Tax Regulations • Billing Address is the address where a customer gets his bills from the credit card company. Shipping address is the address where the customer wants to receive their shipment. • Delivery dates specified on the website, in any order acceptance or elsewhere are estimates only. TechnoPurple will not be liable in respect of delay, but it is doing its best to ensure the delivery on time. In case TechnoPurple may not be able to deliver the products, your payment will be refunded on your written request. For Software Products, no physical delivery of the product/ CD/ Manual/ Codes will be made to you. You will be provided with a link specially generated for you to download the product. Serial number or Login Credentials will be mailed to you on the e-mail ID provided by you at the time of placing of an order. You must check the delivery address on the TechnoPurple’s acceptance note provided to you and notify TechnoPurple at once about errors or omissions. If you fail to take the products delivered by TechnoPurple, any risk of loss or damage will pass to you and TechnoPurple (without any liability) will have the right of payment in full for the products delivered and/or to make delivery by any means appropriate and/or to store products at your risk, but you may be liable to pay on demand of TechnoPurple all costs of product storage and any additional costs incurred as a result of such refusal or failure to take delivery. TechnoPurple will be entitled for 7 days after the agreed date of delivery to dispose the products in such manner as it considers. If we deliver products by download, each download of a product constitutes a separate contract and if you downloaded the Product you are not entitle to revocation or to cancel in whole or part the contract in case of any defect. The risk of loss or damage passes to you on delivery of the products.
19. RETURN POLICY
TechnoPurple values its relationship with you, and offers you the option to return most products you purchase directly from TechnoPurple. TechnoPurple’s return policy is in addition to any statutory return rights you may have under law. TechnoPurple will accept returns for items that meet the return criteria set forth below for 7 days from the date of purchase or download, as applicable. Exceptions are stated below. We may deny any return or exchange if it fails to meet our return criteria. Business customers may be subject to different return criteria. When you purchase a service or ESD product from us, you agree that we may begin to provide the service or ESD product immediately. Before you return a product We work hard to ensure that we always get your order right the first time. If you are having issues with a product, there may be other options before you return it: • Find online help from TechnoPurple Website Chat • Post a question in TechnoPurple Service Ticket • Call 9002055055 for in-person technical product support
20. RETURN CRITERIA:
• To qualify, all returns and exchanges must be accompanied by the original receipt or gift receipt, the original documentation, instruction manuals, registration, parts and components (including cables, controllers, and accessories) and the original manufacturer packaging. Failure to include such items may prevent or delay your refund or exchange. Refunds will be made in the same method as payment unless you select to exchange the item or get a TechnoPurple credit in the amount of the refund. When you make a qualifying return, we will credit the full amount, less the original shipping and handling charges, if any, and you will receive your refund in approximately 2-3 weeks. • For ESD products, we may require you to sign an electronic letter of destruction. • We may occasionally extend the 7-day return period during holiday or other periods. If a longer return period was advertised on the Website when you made your purchase, that longer period applies.
• TechnoPurple will not accept the following items for return: (i) items that have been personalized or customized: (ii) discounted or special order items part of promotional sales offering (iii) items that have been used, altered or that show wear or damage; (iv) services. Items must be in a condition that permits us to resell them. • For services, the service must not have been delivered or consumed by you. • For software, you may only return opened items during the return period if: (i) you don’t agree with the license agreement, or (ii) the media does not work, and (iii) only if you do not make or retain any copies. Opened software may only be exchanged for the same product. If we no longer have the same product, we will issue you TechnoPurple credit note. • ALL SALES of clearance items or those marked with a designation such as “Final Sale” or “Non-Returnable.” • For phones sold by TechnoPurple, you can return them during our return period
22. ADDITIONAL CONDITIONS:
• Online returns only. Items ordered from the Website can be returned to or exchanged at TechnoPurple Retail Store, but items purchased at TechnoPurple Retail Stores cannot be returned or exchanged at the Website. • Pre-Orders. For pre-order items, the 7-day return period begins: ? For ESDs, when the downloadable product is delivered electronically to your account and made available for download. ? For other products, when the product is shipped. • Upgrade option and returns. If you purchased an otherwise returnable product with an upgrade option, returns will be honoured within the return period, and special return procedures apply as follows: ? If you return the product before the upgrade is released, you will not receive the upgrade. ? If you return the product after the upgrade is released, you must return both the product and upgrade together. • Promotions and bundles. For promotional items and bundles, all included products and/or services must be returned together. If a service included in the promotion and/or bundle has been used (for example a used promotional promo code), the full retail value of the service will be deducted from the refund amount. When a bundle is purchased and only part of the bundle is returned, the bundle discount is void, and the total bundle discount will be deducted from the refund. • Trial-period offers. If you are taking part in any trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the service. • Subscriptions. Returns for subscriptions will be honoured within the return period. Price guarantee. If we lower our price on an item of your purchase, we will not credit you the difference amount. Restocking fee. A restocking fee of twenty percent (20%) may be deducted from the refund amount for TechnoPurple Products & Service including Hardware & Software plus applicable taxes. • Personal data. Microsoft is not responsible for any personal data included on returned or exchanged items. Please ensure that your personal data is removed from all items prior to return or exchange. Customer need to bare the shipping cost while returning the products. We will not refund the shipping charges paid by you while purchasing the item. We will not refund the customs duties or taxes, if applicable, or paid by you at time of receiving the goods. At any point of time the refunds will not exceed the actual value of the goods. Any complaint with regards to the damage or any other issue should be reported to us within 48 hrs of the receipt of the products. We may ask for digital picture of the same in order to review the same. In case of product return, we will issue refund once we receive the product back at our office.
22. CUSTOMER SERVICE
Please visit our Contact Us for more information about customer service options.
H. Terms Relating to Both Your Use of the Microsoft Store and Sales to You
23. CHANGING TERMS
24. LIMITATIONS ON USE BY MINORS
You must have reached the age of majority in your province/territory of residence to purchase products from TechnoPurple.
25. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
26. PRODUCT DISPLAY AND COLORS
TechnoPurple attempts to display product colors and images accurately but we cannot guarantee that the color you see on your monitor will exactly match the product’s color.
27. ERRORS ON SITE
We work hard to publish information accurately, update the Website regularly and correct errors when discovered. However, any of the content on our Website may be incorrect or out of date at any given time. We reserve the right to make changes to the Website at any time, including to product prices, specifications, offers and availability.
28. TERMINATION OF SITE USE
29. NO WARRANTIES TechnoPurple MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO PRODUCTS OR SERVICES SOLD by TechnoPurple. THEY ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY THAT MAY ACCOMPANY THEM. YOU UNDERSTAND THAT YOUR PURCHASE AND USE IS AT YOUR OWN RISK AND THAT WE PROVIDE PRODUCTS AND SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. TechnoPurple DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM Products OR SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER, Mobile, Software Products AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE TechnoPurple Products OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.
30. LIMITATION OF LIABILITY
If, despite the other sections of this Contract, TechnoPurple is found liable to you for any loss or damage that arises out of or is in any way connected with your use of TechnoPurple, the Services, or any product or service offered, you agree that your exclusive remedy is to recover from TechnoPurple or any affiliates, resellers, distributors, and vendors direct damages up to
(1) an amount equal to the price or fee for seven days of any service, subscription or similar fee (not including the purchase price for hardware, software, support, or extended warranties), or
(2) INR 500.00 or 10 USD whichever is lower if there was no service, subscription or similar fee.
Liability for our Services
When permitted by law, TechnoPurple, and TechnoPurple’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of TechnoPurple, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again). In all cases, TechnoPurple, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable. Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify TechnoPurple and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
YOU AGREE THAT YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF YOU INCUR DAMAGES AND EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING RELATED TO TechnoPurple Products, THE SERVICES, THIS CONTRACT, OR ANY PRODUCT OR SERVICE OFFERED, INCLUDING LOSS OF CONTENT; ANY VIRUS AFFECTING YOUR USE OF TechnoPurple Products OR SERVICES; DELAYS OR FAILURES IN STARTING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS; CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; CONSUMER PROTECTION; DECEPTION; UNFAIR COMPETITION; STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION, OMISSION, TRESPASS OR OTHER TORT; VIOLATION OF STATUTE OR REGULATION; OR UNJUST ENRICHMENT.
Any and all notices, invoices, documents and other information to be given by one of the Parties to the other shall be deemed sufficiently given when forwarded by registered post with acknowledgment due or hand delivery to the other Party at the official communication address.
32. GOVERNING LAW & JURISDICTION
This Agreement shall be governed by the laws in India and the courts in Mumbai shall have exclusive jurisdiction over matters relating to or arising from this Agreement.
1. Any and all disputes, controversies and conflicts (‘Disputes’) arising out of this Agreement between the Parties (TechnoPurple & Customer / User of TechnoPurple’s Products & Services) or arising out of or relating to or in connection with this Agreement or the performance or non-performance of the rights and obligations set forth herein or the breach, termination, invalidity or interpretation thereof shall be referred for arbitration in terms of the Arbitration and Conciliation Act, 1996 or any amendments thereof. Prior to submitting the Disputes to arbitration the parties shall resolve to settle the dispute/s through mutual negotiation and discussions. In the event that the said dispute/s are not settled within 30 days of the arising thereof, the same shall finally be settled and determined by arbitration in accordance with the Arbitration and Conciliation Act, 1996 or any amendment thereof. The place of arbitration shall be Mumbai and the language used in the arbitral proceedings shall be English. Arbitration shall be conducted by a sole arbitrator.
2. The sole arbitrator shall be mutually appointed by the Parties. In the event the Parties fail to agree on a sole arbitrator, the dispute will be referred to a panel of 3 (three) arbitrators, each Party will appoint 1 (one) arbitrator and the third arbitrator will be appointed by the two arbitrators
3. The arbitral award shall be in writing and shall be final and binding on each party and shall be enforceable in any court of competent jurisdiction. None of the Parties shall be entitled to commence or maintain any action in a court of law upon any Dispute arising out of or relating to or in connection with this Agreement (infringement of IPR excepted), except for the enforcement of an arbitral award or as permitted under the Arbitration and Conciliation Act, 1996.
4. Pending the submission to arbitration and thereafter, till the tribunal renders its award or decision, the Parties shall, except in the event of termination of this Agreement or in the event of any interim order/award is granted under the aforestated Act, continue to perform their obligations under this Agreement.
5. The costs for the arbitration shall be borne in equal proportion by the Parties.
It is the desire and intent of the parties that the terms, provisions and covenants contained in this Agreement shall be enforceable to the fullest extent permitted by law. If any such term, provision or covenant or the application thereof to any person or circumstances shall, to any extent, be construed to be invalid or unenforceable in whole or in part, then such term, provision or covenant shall be construed in a manner as to permit its enforceability under the applicable law to the fullest extent permitted by law. In any case, the remaining provisions of this Agreement or the application thereof to any person or circumstances, other than those to which they have been held invalid or unenforceable, shall remain in full force and effect.
You agree to indemnify, defend and hold harmless TechnoPurple and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. Further, you indemnify TechnoPurple from issues arising from:
(i) breach of the terms and conditions, obligations , representations and warranties by you as required under this Agreement;
(ii) claims by government regulators or agencies for fines, penalties, sanctions or other remedies arising from or in connection with your failure to comply with its regulatory/legal requirements and compliances;
(iii) any unauthorized or illegal use of the Product, Software, Services and Customization Product or Services;
(iv) any claim on account of an alleged breach of confidentiality and security of data occurring as a result of acts of omissions or commission by you, your company or any of its employees, affiliates or representatives;
(v) taxes/charges/cess/levies (and interest or penalties assessed thereon) against TechnoPurple that are your or your company’s obligations pursuant to this Agreement;
(vi) claims by government regulators or agencies for fines, penalties, sanctions or other remedies arising from or in connection with your failure to comply with its regulatory/legal requirements and compliances;
(vii) any claims from the customers limited to deficiency in service attributable to you.
36. FORCE MAJEURE
1. Except as provided herein no party shall be liable to the other for any delay in the performance or any non-performance of any of its obligations hereunder (and shall not be liable for any loss or damages caused thereby) where the same is occasioned by any cause whatsoever that is beyond its control including but not limited to an Act of God, war, civil disturbance, requisitioning, governmental or parliamentary restrictions, prohibitions or enactment’s of any kind, import or export regulations, exchange control regulations, fire or accident, shipwrecks. Should any such event occur, either Party may rescind or at its own discretion suspend performance for up to six months without incurring any liability for any loss or damages thereby occurred by other Party.
2. The party affected by Force Majeure shall take all necessary steps to mitigate the event of Force Majeure
Except as expressly permitted in writing by TechnoPurple, you shall not use TechnoPurple’s name or logo in any external communication or marketing materials. Whereas TechnoPurple shall be free to use your name, company name as user of TechnoPurple’s Product & Services for the purpose of marketing its Products & Services
38. DEVICE / MOBILE WARRANTY
1 year repair/replacement warranty on the Hardware (Vehicle Tracking Device / Mobile Handset) by Manufacturer subject to terms of usage mentioned in warranty manual.
Carry – In Warranty
TechnoPurple IT Solutions Pvt. Ltd. warrants that in normal usage and with proper maintenance, its hardware products will conform to their specification for a period of 12 months from the date of purchase by the customer, subject to the conditions, limitations and procedure listed below. Any product, which proves to be defective in normal usage during that 12 months period, will be repaired at TechnoPurple or replace by TechnoPurple. Warranty does not cover any battery, keypad, Antennas & cables, screen, casing, cables, chargers, accessories.