PLEASE READ THE TERMS CAREFULLY BEFORE USING OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
Through the website, the Company offers a platform that facilitates sale and purchase of wide variety of digital products and services (“Services”) to users. The purchase of products and services shall be governed by the Terms of Sale (“Terms of Offer For Sale”).
Eligibilty of Use
Services are not available to minors. In India, persons under 18 years of age are minors. It shall be Your responsibility to ensure that you are eligible to enter into a contract if You are resident outside India. If You do not conform to the above qualification, You are not permitted to avail of the Services. You represent that You are of legal age to form a binding contract and are not a person barred from receiving Services under the laws as applicable in India.
The Company reserves the right to refuse access to use the Products and Services offered at the Website to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Contents Posted on Site
You may use the products and services purposely made available on the Website for downloading, provided 1) You have purchased the product from us and has been granted a License to use it (2) In case you are using a free product, you can only use them for your personal, non-commercial informational purpose and cannot copy or post product information, its content or artwork on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
If YOU are not having the product licence, You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content.
DISCLAIMER OF WARRANTIES & LIABILITY
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, VIZEN does not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.
VIZEN will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. VIZEN does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if VIZEN is unable to deliver such Products due to implications of different state, country or foreign laws or, VIZEN will return or will give credit for the amount (if any) received in advance by VIZEN from the sale of such Product that could not be delivered to You.
You will be required to enter a valid email phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS, unless you have registered with us as clients
VIZEN may, in its sole discretion and without prior notice, terminate Your access to the Website if VIZEN determines that You have violated the Terms or Additional Terms or any other duty owed to VIZEN. Any violation by You of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to VIZEN, for which monetary damages is likely to be inadequate, and You consent to VIZEN obtaining any injunctive or equitable relief that VIZEN deems necessary or appropriate. These remedies are in addition to any other remedies VIZEN may have at law or in equity.
You agree to indemnify, defend and hold harmless VIZEN, its affiliate vendors, agents, shareholders, directors and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by VIZEN that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You. Further, You agree to hold VIZEN harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of the rights of any another person. VIZEN will also be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to VIZEN.
The Terms will continue to apply until terminated by either You or VIZEN as set forth below. If You want to terminate Your agreement with VIZEN, You may do so by (i) not accessing the Website; or (ii) closing Your accounts (if any).
VIZEN may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
- VIZEN is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority);
- The provision of the Services to You by VIZEN is, in VIZEN’s opinion, no longer commercially viable;
- VIZEN has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to You;
- For technical or any other reason, Termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof; (ii) deletion of Your materials and / or User/Account Information, including Your personal information, log-in ID and password (if any), and all related information, files and materials associated with You (or any part thereof); and (iii) barring of further use of the Website or Services. VIZEN may also delete any content or other materials relating to Your use of the Website.
- VIZEN shall not be liable to You or any third party for any such termination.
- Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension.
These Terms for Sale and the relationship between You and VIZEN shall be governed in accordance with the laws of India without reference to conflict of laws principles.
All claims, differences and disputes arising under or in connection with or in relation to the Terms For Sale or any transactions entered into on or through the Website or the relationship between You and VIZEN shall be subject to the exclusive jurisdiction of the courts at Bangalore Urban District and You hereby accede to and accept the jurisdiction of such courts.
What type of personal information do we collect?
We collect certain personal information about visitors and users of our Sites. The most common types of information we collect are things like: user names, member names, email addresses, other contact details, payment information such as payment agent details, transactional details, support queries, forum comments and web analytics data. We may also collect personal information from job applications and this information may be used to assess an applicant’s suitability for employment. Information or an opinion is your “personal information” if it is about you as an identified or identifiable individual.
How we collect personal information
We may collect personal information directly when you provide it to us, automatically as you navigate through the Sites or through other people when you use services associated with the Sites.
a. When you provide personal information to us via the Sites you’re consenting to us collecting and using that information in line with this policy and the user terms of each of the Sites. You are likely to provide personal information when you complete membership registration and buy or provide items or services on our Sites, subscribe to a newsletter, email list, submit feedback, enter a contest, fill out a survey, or send us a communication.
b. If you choose not to provide personal information, we may not be able to provide you with our services and you may not be able to carry out transactions or access the full range of features available through our Sites.
Personal information we collect about you from others
Although we generally collect personal information directly from you, we may on occasion also collect information about you from other people (such as the payment provider account details required to process a transaction) and by using tracking technologies such as cookies, web beacons and other web analytics software or services.
How do we use personal information?
We may use your personal information in order for us to:
- operate the Sites and provide you with services described on the Sites, like to verify your identity when you sign in to any of our Sites, to facilitate and process transactions that take place on the Sites, to respond to support tickets and to help facilitate the resolution of any disputes
- customise our services and websites, like advertising that may appear on the Sites, in order to provide a more personalised experience
- update you with operational news and information about our Sites and services like to notify you about changes to our Sites, website disruptions or security updates
- provide you with information that you request from us or, where we have your consent to do so, provide you with marketing information about products and services which we feel may interest you
- carry out technical analysis to determine how to improve the Sites and services we provide
- monitor activity on the Sites, like to identify potential fraudulent activity and to ensure compliance with the user terms that apply to the Sites
- manage our relationship with you, like by responding to your comments or queries submitted to us on the Sites or asking for your feedback or whether you want to participate in a survey
- manage our legal and operational affairs
- provide general administrative and performance functions and activities.
When may we disclose your personal information?
We reserve the right to disclose the user’s personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our site.
For better management of the site, we may (i) log the user’s browsing history; (ii) log non-personally-identifiable information, including IP address, profile information, aggregate user data, and browser type; and (iii) record User IP addresses for security and monitoring purposes.
We are committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure .We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect the user’s personal information, we cannot guarantee its absolute security.
Additionally, when we transmit sensitive personal information (such as a credit card number or password) over the Internet, we protect it through the use of encryption and we have collaborated with a trusted payment gateway provider.
If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share it. If you are sharing a computer, you should always log out before leaving a site or service to protect access to your information from subsequent users.
TERMS OF SALE
These terms of offer for sale (“Supply Terms”) apply to products purchased via www.powerpresso.com which is a website managed by VIZEN DESIGN & CONSULTING, a company incorporated under the Companies Act, 1956, (“Company” or “VIZEN DESING” or “VIZEN” or “We” or “Us” or “PowerPresso” and its successors and assigns). Under these Supply Terms the users of the website will be referred to as (“You” or “Your” or “Yourself” or “User” or “Customers” or “Buyer”).
IF YOU DO NOT AGREE WITH THE SUPPLY TERMS, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.
The website is a platform that facilitates the online sale and purchase of digital products and services offered by VIZEN DESIGN & CONSULTING (Bangalore, India). TITLE/LICENSE of PRODUCTS will pass directly from the VIZEN to You.
VIZEN has the right to change or discontinue any Service at any time, without notice. VIZEN may add or modify the procedures, modes, processes or conditions of purchase at any time. VIZEN shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services.
VIZEN enables sale of a variety of digital Products and services. Delivery for all the products on the Website shall be as per the company’s policy, which may be changed by VIZEN from time to time.
In case, you receive a damaged/incomplete/faulty Product, please bring it to the notice of VIZEN immediately. In case you notice an issue later, please write to us at email@example.com
In such cases, the product will be assessed in 1-2 days and a solution will be offered. The product may be replaced or other corrective measure may be taken to address the issue.
The Pricing Information relating to the Product shall be as disclosed to you at the time of your purchase.
VIZEN strives to cause to provide You the best prices possible on Products You buy via the Website. However, VIZEN does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You.
While Vizen strives to provide accurate information relating to Products, services including pricing information, typographical and other errors may occur. In the event that a Product or service is listed at an incorrect price or with incorrect information due to an error, VIZEN may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. VIZEN will have the right to modify the price of the Product and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If VIZEN cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
DELIVERY OF THE PRODUCT
User details and email address will be verified with the database of VIZEN before You proceed to pay for Your purchase. The delivery of the product will be done electronically either through the website, email or using a third party platform. The mode of delivery will be notified to YOU by VIZEN before purchase.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s
Before shipping / delivering your order to you, VIZEN may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
You have specifically authorized VIZEN or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility.
You understand, accept and agree that the payment facility provided by VIZEN is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, VIZEN is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
• You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with VIZEN to purchase the products and /or services from VIZEN using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to VIZEN using Payment Facility.
• You, as a Buyer, may agree with VIZEN through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
• You, as a Buyer, shall electronically notify Payment Facility using the appropriate VIZEN Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction.
• You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
• You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
• Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
• Refund shall be conditional and shall be with recourse available to VIZEN in case of any misuse by Buyer.
• Refund shall be subject to Buyer complying with Policies.
VIZEN reserves the right to impose limits on the number of Transactions or Transaction Price which VIZEN may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
VIZEN reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with VIZEN or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
VIZEN may delay notifying the payment confirmation, if VIZEN deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, VIZEN may hold Transaction Price and VIZEN may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
The Buyer acknowledges that VIZEN will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of VIZEN.
Compliance with Laws
Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and VIZEN Website.
Buyer’s arrangement with Issuing Bank
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
YOU cannot cancel your order after purchase/transaction has been completed. Products once delivered cannot be returned. On the off chance that you receive a damaged or defective product, our team will try to fix it and send you a replacement based on the product issue. This decision lies with the VIZEN team.
If you are eligible for a refund or a promo code (as the case may be), the same shall be given to you as per the following guidelines –:
- The refund amount for the orders paid online or paid via credit/debit card at the time of delivery will be refunded within 10-15 working days from the date of initiating the refund through the online account, or will be refunded to the same card, depending on the most suitable circumstances as determined by VIZEN.
- The refund vides a promo code, for the orders paid online will be provided to you within 7-10 working days through hard copy or e-mail depending on the most suitable circumstances as determined by VIZEN
- A promo code once used shall not be re-activated in case of cancellation of order, either by the customer or by VIZEN.