This Terms and Conditions (or TOS) is an electronic record that is binding between the user of this website and Xtronicsapp (www.xtronicsapp.com).
The company deals with sales of electronic goods. By using the website or availing any services from the website, you agree to abide by the terms and conditions as set forth and any/all terms and conditions, privacy policy for the time being in force or in future. Do not use the website or avail services from the website, if you don’t wish to abide by the terms and conditions as set forth.
Please read the following terms and conditions carefully before using this website and/or availing any service from the website.
Definitions and Interpretation
In this Terms and Conditions the following terms shall have the following meanings
Account
means collectively the personal information, payment information and credentials used by you to access Content and/or any communications system on the Website
Content
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website
Facilities
means collectively any online facilities, tools, services or information that the Company makes available through the Website either now or in the future
Services
means the services available to you through this Website
Payment
means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit/ debit card numbers, bank account numbers and source codes;
System
means any online communications infrastructure that the Company makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
Website
means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions;
Age Restrictions
Persons under the age of 18 (Eighteen) should use this Website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.
Use of the Website is available only to persons who can form legally binding contracts under applicable laws. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 (as amended from time to time including its re-enactment thereof) are not eligible to use this Website. The Website is not available to persons whose membership has been suspended or terminated by the Company for any reason whatsoever.
Intellectual Property
All Content including copyright/ trademark/ Geographical Indication/ Designs/ Patents of the Company included on the Website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software other than for Your own personal information is the property of the Company. By continuing to use this Website you acknowledge that such material is protected by applicable laws.
You shall not reproduce, copy, distribute, store or in any other manner re-use material from the Website unless otherwise indicated on the Website.
Account and Registration Obligations
Your Information is defined as any information provided by you to the Company in the registration, in the feedback area or through any e-mail feature or a written letter or form mailed or submitted to any of our office/s. The Company shall protect your Information in accordance with Companies Privacy Policy. If you use the Website, you are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account.
The Company 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. If you know or suspect that someone else knows your password or suspect any unauthorized use of your password, you should reset it or notify the Company by contacting the Company immediately through the address provided. If the Company has reason to believe that there is likely to be a breach of security or misuse of the Website, Company may require you to change your password or Company may suspend your account without any liability to the Company.
You hereby also agree and confirm:
To provide true, accurate, current and complete information about yourself as prompted by Company Registration Form or Guest details Form (such information being the “Registration Data”);
To maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
That You will use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Website.
You will provide authentic and true information in all instances where such information is requested from you.
Links to Other Websites
This Website may contain links to other websites. Unless expressly stated, these websites are not under the control of the Company or its affiliates. The Company assumes no responsibility for the content of such websites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another Website on this Website does not imply any endorsement of the Websites themselves or of those in control of them.
Use of Communications Facilities
When using any system on the Website You should do so in accordance with the following rules. Failure to comply with these rules may result in Your Account being suspended or closed.
- You must not use obscene or vulgar language
- You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist
- You must not submit Content that is intended to promote or incite violence
- The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- You must not impersonate other people, particularly employees and representatives of the Company and/or its affiliates
- You must not use the Company system for unauthorized mass-communication such as “spam” or “junk mail”.
- You acknowledge that the Company reserves the right to monitor any and all communications made to the Company or using the Company System.
- You acknowledge that the Company may retain copies of any and all communications made to the Company or using the Company System.
- You acknowledge that any information you send to the Company through the Company System may be modified by the Company in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon the Company use of such information must be communicated to the Company in advance and the Company reserves the right to reject such terms and associated information.
Indemnity
You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon Your actions or inaction, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of Your obligations under this Terms and Conditions 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 Terms and
Termination and Cancellation of Accounts
Either the Company or You may terminate Your Account. If the Company terminates your Account, You will be notified by email and an explanation for the termination will be provided. Notwithstanding, the foregoing, the Company reserve the right to terminate without giving reasons whatsoever.
If the Company terminates Your Account, any payments on Your Account due shall be paid to you immediately and provision of Services shall be stopped.
Services, Pricing and Availability
Where appropriate, you may be required to select the required package of Services.
Privacy
Use of the Website is also governed by t he Company Privacy Policy which is incorporated into these Terms and Conditions by this reference.
How the Company Uses Your Personal Information (Data Protection)
All personal information that the Company may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the applicable laws;
The Company shall use your personal information to:
- Provide the Company Services to you
- Process your payment for the Services and
- The Company shall not pass on your personal information to any other third parties
DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. THE COMPANY AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Changes to these Terms and Conditions
The Company reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If the Company is required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any services currently pending in the future.
Availability of the Website
The Website is provided “as is” and on an “as available” basis. The Company gives no warranty that the Website or Facilities will be free of defects and/ or faults. To the maximum extent permitted by law, the Company provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
The Company accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limited Liability
To the maximum extent permitted by law, the Company accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and it’s Content at your own risk.
Nothing in these Terms and Conditions excludes or restricts the Company’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
In the event that any of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that term and/or condition is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforce ability of the remaining Terms and Conditions. This term and/or condition shall apply only within jurisdictions where a particular term and/or condition are illegal.
Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The arrangement created by these Terms and Conditions is between you and the Company.
Jurisdiction
That the rights and obligations of the parties under or arising out of this Terms and Conditions shall be construed and enforced in accordance with the applicable laws of India for the time being in force. The Courts at Bangalore shall have alone and exclusive jurisdiction over any dispute arising out of or touching upon or in relation to these terms and conditions.