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Terms & Conditions

Welcome to Promptec.in. Promptec.in and its affiliates provide their services to you subject to the terms and conditions given hereunder. If you visit us at Promptec.in, you accept these terms and conditions. In addition, when you use any current or future Promptec.in service (e.g. Your Account/Profile, etc.) or visit or purchase from any business affiliated with Promptec.in, whether or not included in the Promptec.in web site, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Promptec.in. By using the shopping services of Promptec.in you agree to be bound by these terms and conditions. All products/services and information displayed on Promptec.in constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below.Promptec.in reserves the right to accept or reject your offer.

Please read these Terms & Conditions carefully before using this or any of the other Promptec.in websites. In these Terms & Conditions, Promptec.in is referred to as "Promptec" or “Company” "we," "us,”, “our" or Company and you the end user is referred to as "you" , "your" or “user”.
 
Definitions

"Agreement"means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.

"Promptec.in'' / ''Promptec.in'' / ''website '' means the online shopping platform and the services to buy the products listed on the site.

"Vendor" / "seller shall mean the person or any legal entity who offers for sale, sells the products on the Promptec.in platform / website. ''Product/Products'' means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on Promptec.in and the related description, information, procedure, processes, warranties, delivery schedule, etc.
 
Modified Terms

The Company reserves the right at all times to discontinue or modify any of these Terms and Conditions and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or confidentiality. It is also clearly understood that all warranties, implied or express take place between the vendors and the user. We do not endorse in anyway any advertisers/ contents of advertisers on its web pages or other communication.

We will not be responsible for any damage suffered by users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

User agrees and acknowledges that use shall be solely responsible for user's conduct and that the Company reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall the Company, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Promptec.in sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.

We therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.

We shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of Promptec.in.
 
Reviews and Public Communication

Promptec.in may, but is not required to, monitor, edit, delete or disclose the contents of a user's email or reviews as required for normal maintenance of any of the Promptec.in websites or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Promptec.in; (2) protect and defend the rights or property of Promptec.in; (3) protect the personal safety of other Promptec.in website users or the public; or (4) to ensure compliance with our Terms and Conditions.

Copyright Infringement

Without limitation, credit card and other personal information, you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party company or advertiser.
 
Limitation of Liability

The company, its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensers are not liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to Promptec.in websites or Promptec.in content or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in any Promptec.in websites, including without limitation as a result of breach of any term of this agreement. Applicable law many not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

In no event will company’s total liability to you for any and all damages, losses, and causes of action arising out of or related to your use of any Promptec.in website, regardless of the form, cause of action or the alleged basis for any claim, exceed the amount paid by you to Promptec.in, if any, for accessing the Promptec.in websites.
 
Indemnity

You agree that you will indemnify and hold harmless company and its directors, officers, shareholders, and agents from any and all liability arising in connection with your use of the Promptec.in websites, including but not limited to any information or content that you post on any of the Promptec.in websites.
 
Copyright

COPYRIGHT ©: Promptec.in 2007. All rights reserved. Everything you see or read on the Promptec.in websites is copyrighted unless otherwise noted and may not be used except as provided in these Terms & Conditions or with the written permission of Promptec.in.
 
Trademarks

The trademarks, logos, and service marks (“Marks”) displayed on the Promptec.in websites are registered and unregistered trademarks of Promptec.in, its affiliates and other respective third parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Promptec.in or such third party which may own the Marks. All information and content including any software programs.
 

Price and Payment Terms

The Price in respect of a Product is as specified on the Web Site. The Company reserves the right to change or alter Prices of Products on the Web Site without notice to the User, unless the User have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided User’s Order is not affected by a pricing error).

User shall be entitled and bound to use his/her valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website or opt for Cash on Delivery payment option. User undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit / debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may suffer to User due to furnishing of wrong detail/ information relating to his/her credit / debit and/ or any other payment cards or online banking accounts.

User expressly agrees and declares that the Company shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and/ or incidental to the User arising, directly or indirectly, out of decline of authorization for any transaction, resulting from the User exceeding his/ her preset permissible payment limit under the credit / debit and/ or any other payment cards and/ or online banking accounts.

The Company confirms that the detail provided by User in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under any applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement.

Further, the Company actively reports and prosecutes actual and suspected credit/ debit/ cash card fraud. The Company may require further authorization from User such as a telephone confirmation of User's order and/or other information. The Company's decision to require further authorization is at the Company's sole discretion. The Company reserves the right to cancel, delay, refuse to deliver, or recall from the carrier any order if fraud is suspected.

The Company captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit/ debit/ cash card company for fraud investigation. The Company will cooperate with authorities to prosecute offenders to the full extent of the law.

The Company shall take all reasonable precautions to protect the information provided by the User. However, it is expressly provided and accepted by the User that the Company shall not be responsible in any manner whatsoever for any third party action which results in the information provided by the User being exposed and/or misused by such third party who accessed such information without any authorisation from the Company.

Cancellation of Order before Dispatch of Products by the Company

(i) Except as provided herein below, no cancellations or changes to Order will be accepted. The Product will be delivered to the stated Delivery Address in accordance with these Terms and Conditions.

(ii)  The Company hereby informs User that User's receipt of an electronic or other form of order confirmation does not signify the Company's acceptance of User's order, nor does it constitute confirmation of the Company's offer to sell. The Company reserves the right at any time after receipt of User's order to accept or decline User's order for any reason. The Company further reserves the right any time after receipt of User's order, after prior notice to User, to supply less than the quantity User ordered of any item. User's order will be deemed accepted by the Company upon shipment of products or performance of services that User has ordered as indicated by the Company's servers. Title to goods and all risk of loss passes to User upon delivery to the common carrier. The Company may require additional verifications or information before accepting any order.

(iii)  The Company shall have the right to refuse or cancel any orders placed for Products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and User's credit/ debit/ cash card charged. If User's credit/ debit/ cash card has already been charged for the purchase and User's order is canceled, the Company shall immediately issue a credit to User's credit/ debit/ cash card account for the amount of the charge.

(iv)  User shall be entitled to cancel an order of any Product, booked on the Website, by placing a "Cancel Order" request, by logging a call with Company’s Customer Care Centre by phone on 080-28390897.

(v)  "Cancel Order" can be placed anytime after booking of order but before status of order changes into "handed over to courier" on the Website.

(vi) Cancellation of order shall be without any cancellation charges if the order is cancelled before the start of its shipping. However, in case of cancellation of any order that is being shipped, a restocking fee of 25% of the product value will be deducted from the amount paid and the balance amount will be refunded to the User by crediting User’s account registered with the Company.

Cancellation of Order after Delivery of Product(s) to User

(i)  All Product purchased from the Website enjoy Thirty (30) days' 'Return Policy.

(ii)  Any Product, purchased from the Website, can be returned to the Company within Thirty (30) days of delivery of the same to User by placing a "Cancel Order" request by logging a call with Company’s Customer Care Centre by phone on 080-28390897.

(iii)  Any Product purchased from the Website can be returned to the Company only if the Product supplied by the Company is damaged, defective or the Product received is different from the Product that was ordered.

(iv)  The User shall ensure that he/she does not accept the delivery of any Product whose original packaging is damaged or tampered in any manner.

(v)  In the event if User, on removing the packaging of the Product, finds the Product is damaged and/or defective and/or is different from the Product that was ordered, User shall immediately intimate the Company’s Customer Care Centre about such damage and/or defect and/ or difference and the Company shall arrange for the replacement of the Product or refund of price of the Product along with shipping charges, if any, collected by the Company in the unlikely event of the Company being unable to replace the damaged and/or defective Product. For any Refund or Exchange / Replacement of Product therelevant provisions of ‘Refund’ and ‘Exchange’ shall apply as given herein.

(vi)  In case of Cancellation (Return / Replacement) of order after delivery of the Product to User, the Company will arrange pick up of the Product to be returned. User will assist and cooperate fully to return the Product with its manuals, booklets, warranty card, accessories, freebies and packing materials or any other thing which were delivered to User along with the Product being returned. At the time of pickup the User will be provided with acknowledgement of pick up by the Company’s Logistical Partner. User should retain the said acknowledgment and quote or produce the same in all his/her future communications with the Company in this regard.

(vii)  All free gifts, in original packing as delivered and unused condition, must be returned along with the Product in case of cancellation of order of the Product with which the free gift(s) is/are given.

Refund

  1. Free gifts given with any of the Product purchased from the Website will not be exchanged and/or covered under any kind of warranty.
  2. Any cancellation/exchange in accordance with above terms qualifies for payment reversal / replacement of the Product depending on availability of the Product and preference of User.
  3. All eligible refunds against Cancellation of Orders by User before delivery of Product to User is without any processing charges.
  4. Any eligible refund will be initiated by the Company, within 7 (Seven) working days of receipt of Request for Cancellation of Order, in case of Cancellation before delivery of the Products, or within 7 (Seven) working days after the Company’s logistics partner picks up the Product(s) from the User’s place, in case of Cancellation of Order after delivery of the Product(s). However, it will be credited to User’s bank /credit card/debit card account within such time as taken by banking channels to process refund transaction.
  5. All refunds will be made out through crediting the account from which the payments were made. Hence actual crediting refund amount depends on user’s bank response on refund transactions. 

Data Protection

Promptec.in may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our Privacy Policy.
 
Force Majeure

Promptec.in shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
 
Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement charges. We suggest to you, therefore, that you re-read this important notice containing our Terms and Conditions and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and Conditions and Privacy Policy and you continue to use Promptec.in, you are impliedly agreeing to the Terms and Conditions and Privacy Policy expressed therein. Any such deletions or modifications shall be effective immediately upon the Company’s posting thereof. Any use of Promptec.in by user after such notice shall be deemed to constitute acceptance by the user of such modifications.
 
Electronic Communication

When you visit Promptec.in or send e-mails to us or give us your feedback, you are communicating with us electronically. 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.
 
License and Site Access

The website grants you a limited license to access and make personal use of the website and the service provided through the website. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the website and the framing of any content available through the website uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the Company's sole discretion) an unreasonable or disproportionately large load on the website's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by the Company to prevent or restrict access to the website. Any unauthorized use by you shall terminate the permission or license granted to you by the website.
 
Disclaimer of warranties and limitation of liability

Promptec.in has made this service available to use as a matter of convenience. We expressly disclaim any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. We also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

The Service(s) of the Company is provided on an "as is" basis without warranties of any kind, whether express or implied. We do not represent or warrant maintaining the confidentiality of information; although our current practice is to ensure reasonable efforts to maintain such If you believe that your work has been used or is accessible on Promptec.in websites in a way that constitutes copyright infringement, you may notify Promptec.in by providing us the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed, including where the copyrighted work exists or a copy of the copyrighted work; (3) a description of where on the site the material that you claim is infringing is located, reasonably sufficient to permit Promptec.in to locate the material; (4) your address, telephone number, and email address; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Company’s agent for notice of claims of copyright infringement for the Promptec.in websites can be reached by mail at: customer.care@Promptec.in
 
Warranty Disclaimers

Promptec.in recognizes the value of providing accurate and timely content. However: The Promptec.in websites are provided "as is" and without warranties of any kind either express, statutory or implied. Without limiting the foregoing,Promptec.in wants to ensure that you understand that there are no warranties:

That access to the Promptec.in websites will be error free or uninterrupted;
That the information on the Promptec.in websites will be accurate, complete or reliable
That the Promptec.in websites will be free of any virus, worm, Trojan horse or other harmful software code or
Of title or non-infringement.

Promptec.in hereby disclaims any and all implied warranties in connection with the Promptec.in websites, including without limitation of merchantability and fitness for a particular purpose.
 
Disclaimer as to Third Party Web Sites

Promptec.in also disclaims any responsibility for the accuracy, content, or availability of information found on websites that link to or from Promptec.in websites. You acknowledge that some advertisers or other companies employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive. Promptec.in is not liable for the accuracy, copyright compliance, legality, or decency of material or content contained in third-party sites and/or advertisements (including pop-up ads) and you hereby irrevocably waive any claim against us with respect to such sites or advertisements. Promptec.in does not ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Promptec.in websites. Promptec.in does not make any representations or warranties as to the security of any information, including, available on or through Promptec.in (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through Promptec.in for commercial or public purposes.
 
Governing Law

This site is created and controlled by Promptec.in. The laws of India shall apply and courts in Bangalore shall have jurisdiction in respect of all the terms, conditions and disclaimers. Promptec.in reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of Promptec.in.
 
Dispute Resolution

If there is any dispute about or involving the Promptec.in Websites and/or the Service, by using the Promptec.in websites, you agree that the dispute will be governed by the laws of India. You agree to the exclusive jurisdiction to the courts of Bangalore, India.
 
Contact Information

If you have questions or concerns regarding these Terms & Conditions, please contact our support at sales@promptec.in

Suspension due to Non-Compliance with Agreement

Notwithstanding other legal remedies that may be available to Promptec.in, Promptec.in may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the site if: The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of Promptec.in; The user has provided wrong, inaccurate, incomplete or incorrect information; Your actions may cause any harm, damage or loss to the other Users or Promptec.in. Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the Promptec.in site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.