Any natural or legal person who accesses and/or uses Extimus Technology Shop in any manner (“you” or “ your”) or uses any current or future service or functionality or offer made available on Extimus Technology Shop (“Service ”) will be subject to these terms and conditions for use of Extimus Technology Shop (“ Terms of Use”), as updated from time to time and such terms, guidelines and conditions as may be applicable to such Service (“ Service Terms”). If these Terms of Use are inconsistent with such Service Terms, the Service Terms will control to the extent of such inconsistency with respect to the applicable Service.
These Terms of Use constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Terms of Use carefully before using or accessing Extimus Technology Shop or availing any Service. By using the Extimus Technology Shop or availing any Service, you signify your agreement to be bound by these Terms of Use.
1. USE OF Extimus Technology Private Limited
You agree and acknowledge that Extimus Technology Shop is an online platform that enables you to purchase the products listed on Extimus Technology Shop at the indicated price at any time from the serviceable locations . Except where we are the seller of the relevant product on Extimus Technology Shop, you agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on Extimus Technology Shop. Accordingly, such contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on Extimus Technology Shop.
2. ELIGIBILITY
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access Extimus Technology Shop. If you are a minor i.e. under the age of 18 years, you may use Extimus Technology Shop only with the involvement of a parent or guardian.
3. REGISTRATION AND OPERATION OF YOUR ACCOUNT
3.1. In order to use Extimus Technology Shop and avail the Services, you will have to register on Extimus Technology Shop. Registration is a one-time process and is free of cost. You may register in one of the following ways:
3.1.1. By creating a Extimus Technology Shop account: You can register by providing relevant information, such as your name, gender, and such other details relevant for creating an account. Your login ID and password will be created basis the information provided by you, which you can use to access your Extimus Technology Shop account at any time.
3.1.2. By using a third-party account: You may use the login credentials from any third-party accounts maintained by you, as identified by We (for example, Google or Facebook). If you use such third party account, you will also be subject to specific terms and conditions applicable to such account, as may be imposed by the relevant third-party.
Your credentials shared by you at the time of registration and your Extimus Technology Shop login ID and password are referred to as “ Account Information”.
3.2. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your Account Information current and accurate. You can access and update much of the Account Information you provided us with in the ‘Your Account’ area of the website.
4. COMMUNICATION AND UNSUBSCRIPTION
4.1. You understand that once you have shared your Account Information and successfully registered on Extimus Technology Shop, you may receive SMS or email notifications from us relating to your registration and transactions on Extimus Technology Shop.
4.2. You may also receive such notifications regarding any marketing / promotional activities that maybe available on Extimus Technology Shop from time to time. By sharing your Account Information and registering on Extimus Technology Shop and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
5. LICENSE AND ACCESS TO PLATFORM
5.1. Your use of Extimus Technology Shop, the Services, and access to the Extimus Technology Shop Content ( as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on Extimus Technology Shop. You will use Extimus Technology Shop solely for identifying products, carrying out purchases of products and processing returns and refunds, in accordance with Return and Refund Policy, for your personal use only and not for business purposes.
5.2. The license granted to you does not include a license for: (a) resale of Products or commercial use of Extimus Technology Shop or Extimus Technology Shop Content, (b) any collection and use of product listings, description, or prices, (c) any use of Extimus Technology Shop, the Services and/or of Extimus Technology Shop Content other than as contemplated in these Terms of Use, (d) any downloading or copying of Account Information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of Extimus Technology Shop, (e) creating and/ or publishing your own database that features parts of Extimus Technology Shop.
6. PERSONAL INFORMATION PRIVACY
6.1. During the course of your registration on and usage of Extimus Technology Shop or availing the Services, We may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, occupation, login details etc.
6.2. We respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, We has formulated the Privacy Policy, which shall be deemed to be included in these Terms of Use, setting out the manner in which your information is collected, stored, processed, used and disclosed. If you object terms of our Privacy Policy, please do not use or access Extimus Technology Shop or avail the Services. For more information, please refer to the Privacy Policy.
7. CONTENT ON PLATFORM
7.1. All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on Extimus Technology Shop or any of the other Services are the property of We or its affiliates (“Extimus Technology Shop Content”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to Extimus Technology Shop whether or not displayed on Extimus Technology Shop, are proprietary to We.
7.2. We may display on Extimus Technology Shop any third-party logos, trade names, trademarks of other brands, as per the license granted to We by such brands.
7.3. No information, content or material from Extimus Technology Shop (including the Extimus Technology Shop Content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without express written permission. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of We and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing affiliates’ names or trademarks without the express written consent of We and/or its affiliates, as applicable. Any unauthorized use terminates the permissions granted in these Terms of Use.
8. DISCLAIMERS
8.1. We will try to make access to and use of Extimus Technology Shop error-free and without interruptions. However, your access to Extimus Technology Shop may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on Extimus Technology Shop. We does not take responsibility for any access or usage problems that arise from internet related issues at your end.
8.2. All information in relation to third parties, including sellers and the products listed by them on Extimus Technology Shop (“ Third Party Information”) are provided only for reference. We, in its capacity of an intermediary under the applicable laws, is not endorsing Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.
8.3. Extimus Technology Shop may contain user generated content which We does not pre-screen and which contains views that may be opinions of users/ experts. We will do its best to monitor, edit or remove such user generated content where it is necessary to do so (for instance, if such content violates these Terms of Use). We does not promise that the user generated content on Extimus Technology Shop is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
8.4. To help you in identifying the products of your choice, description of the products are provided on Extimus Technology Shop by the relevant seller through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance/color of the products when delivered may differ for various reasons.
8.5. The Services included on Extimus Technology Shop are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. We does not covenant or provide any representations and warranties:
8.5.1. in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on Extimus Technology Shop;
8.5.2. that the Services will be made available at all times;
8.5.3. that the operation of Extimus Technology Shop, including the functions contained in any content, information and materials on Extimus Technology Shop or any third-party sites or services linked to Extimus Technology Shop will be uninterrupted, or that the defects will be rectified, or that Extimus Technology Shop or the servers that make such content, information and materials available are free of viruses or other harmful components; and
8.5.4. that the Extimus Technology Shop Content available on Extimus Technology Shop is complete, true, accurate or non-misleading.
8.6. Parties other than We and its affiliates may operate stores, provide services, or list or sell product lines on Extimus Technology Shop. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content made available by them. We does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. The information displayed on Extimus Technology Shop is for informational purpose only, and does not amount to or be deemed to be an endorsement of any product or service under any circumstances.
8.7. To the extent permitted by applicable law, We disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on Extimus Technology Shop.
8.8. We is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third party platforms, you are doing so entirely at your own risk and expense.
9. USER WARRANTIES AND RESTRICTIONS
9.1. You represent and warrant that: (a) your use of Extimus Technology Shop and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to We in connection with Extimus Technology Shop and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Extimus Technology Shop policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, We will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify We and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
9.2. You will use Extimus Technology Shop for lawful purposes only, and will not undertake any activity that is harmful to Extimus Technology Shop or its content or otherwise not envisaged through Extimus Technology Shop. You have a limited license to access and use Extimus Technology Shop, solely for the purpose of availing the Services, subject to these Terms of Use.
9.3. The use of the Platform by you is restricted to personal use only, and you will not use any portion of Extimus Technology Shop (including the contents on the Platform) or Services for any resale or commercial purpose.
9.4. You will not do any of the following:
9.4.1. Delete or modify any content on Extimus Technology Shop, such as any information regarding the Services, their performance, sales or pricing;
9.4.2. Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Extimus Technology Shop;
9.4.3. Make false or malicious statements against the Services, Extimus Technology Shop or We;
9.4.4. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Extimus Technology Shop and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of Extimus Technology Shop and/or the Services;
9.4.5. Introduce any trojans, viruses, any other malicious software, any bots or scrape Extimus Technology Shop for any information;
9.4.6. Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
9.4.7. Hack into or introduce malicious software of any kind onto Extimus Technology Shop;
9.4.8. Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
9.4.9. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
9.5. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Extimus Technology Shop, any information that:
9.5.1. belongs to another person and to which You do not have any right;
9.5.2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
9.5.3. harms minors in any way;
9.5.4. infringes any patent, trademark, copyright or other proprietary rights;
9.5.5. violates any law for the time being in force;
9.5.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
9.5.7. impersonates or defames another person; or
9.5.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
10. INDEMNIFICATION AND LIMITATION OF LIABILITY
10.1. You agree to indemnify, defend and hold harmless We, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Extimus Technology Shop or the Services, violation of these Terms of Use, or infringement of any intellectual property or other rights of We or any third-party. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide We with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
10.2. To the fullest extent permitted by law, in no event shall We or any of its directors, officers, employees, agents or content or service providers (collectively, the “We Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, Extimus Technology Shop or the content, materials and functions related thereto, the Services, provision of information via Extimus Technology Shop, lost business, even if such We Representatives have been advised of the possibility of such damages.
10.3. In no event shall We Representatives be liable for:
10.3.1. the use or inability to use Extimus Technology Shop and/or the Services;
10.3.2. any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through Extimus Technology Shop;
10.3.3. any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or
10.3.4. any other matter relating to Extimus Technology Shop or the Services.
10.4. We is neither liable nor responsible for any actions or inactions of the other users of Extimus Technology Shop or any breach of conditions, representations or warranties by them. We is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of Extimus Technology Shop.
10.5. None of the directors, officials or employees of We shall be personally liable for any action in connection with Extimus Technology Shop or the Services.
11. ACCESS OUTSIDE THE REPUBLIC OF INDIA
11.1. We makes no representation that the content on Extimus Technology Shop is appropriate to be used or accessed outside the Republic of India. Any users who use or access Extimus Technology Shop from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
12. TERM AND TERMINATION
12.1. These Terms of Use shall be effective from the date of their publication on Extimus Technology Shop.
12.2. We reserves the right to terminate the Services in the event of breach of any terms contained in these Terms of Use, misrepresentation of information, any unlawful activity by you or if We is unable to verify or authenticate any information submitted by you.
12.3. You may terminate these Terms of Use at any time, provided that you discontinue any further use of Extimus Technology Shop or Services. However, any such termination shall not cancel your obligation to pay for a product purchased on Extimus Technology Shop, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
13. FORCE MAJEURE
13.1. We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond We’s reasonable control.
14. WAIVER
14.1. No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by We. Any consent by We to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
15. SEVERABILITY
15.1. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
16. GRIEVANCE REDRESSAL
16.1 In case you have any queries, concerns and complaints, please reach out to our customer care team on the communication channels as set out below. Our customer care team will provide you with a timely resolution of your queries, concerns and complaints.
16.2. If our customer care team is unable to provide you with a resolution, you may submit any such concern or complaint with respect to Extimus Technology Shop or the Services (including with respect to any abuse on Extimus Technology Shop or any violation of these Terms of Use) to our grievance officer.
17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1. These Terms of Use, all transactions consummated between We and you, and the relationship between We and you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.
18. AMENDMENT
18.1. These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on Extimus Technology Shop. You relationship with Extimus Technology Shop will be governed by the most current version of these Terms of Use, as published on Extimus Technology Shop.
19. MISCELLANEOUS
19.1. In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that We will not be liable for any transaction between itself and any such third parties.
19.2. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by We, for the use of Extimus Technology Shop, and the rights and liabilities with respect to any Services to be provided by We shall be limited to the scope of these Terms of Use.
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