Terms & Conditions
www.digicastprojector.com by M/s
One Roof Shop
By
placing an order through our website, you agree to our terms and conditions set
for the below. Please read these terms carefully before placing your order and
print a copy for future reference. Please also read our Privacy Policy
regarding personal information provided by you, which is incorporated herein by
reference
Delivery Time
We
strive to get your product delivered as quickly as possible. We have third-party
fulfillment services in different locations around the country to expediently
ship your order. Generally customers receive their product within 3-5 business
days; however, in very rare circumstances it may take up to 7 business days.
Offer Billing
This
site offers one-time, straight sale products only. You will never be re-billed
or charged anything in addition to the initial charge indicated on the billing
page. If you are not satisfied with the product, you must mail to us at contact@digicastprojector.com
(24*7).
Follow up Marketing
This
site collects your telephone number and Email address to use in conjunction
with our standard marketing procedure. It may include your submitted telephone
number (at reasonable hours) via live agent or automated dialing for the
purpose of order verification, shipping questions, or internal marketing
purposes. You may opt out of internal marketing communications at any time by
emailing or calling at customer support.
Terms of Service
This
Terms of Service ("TOS") is a legally binding agreement made by and
between this site ("we" or "us") and you, personally and,
if applicable, on behalf of the entity for whom you are using our website
(collectively, "you"). The TOS governs your use of this web site ("Web
Site") and the services we offer on the Web Site ("Services"),
so please read it carefully. By accessing or using any part of the website, you
agree that you have read, understand and agree to be bound by this TOS. If you
do not agree to be so bound, do not access or use the website. Internet
technology and the applicable laws, rules, and regulations change frequently.
Accordingly, we reserve the right to make changes to this TOS at any time. Your
continued use of the website constitutes assent to any new or modified
provision of this TOS that may be posted on the website.
- Using the Website
(a)
Eligibility
Except
as expressly provided below, services may only be used by, and membership is
limited to individuals who can form legally binding contracts under applicable
law. Without limitation, minors are prohibited from becoming members and,
except as specifically provided below, using fee-based services. Membership is
defined by engaging in a purchase agreement with this site wherein you, the
consumer purchase one of the products found on the website.
(b)
Compliance
You
must comply with all of the terms and conditions of this TOS, the policies
referred to below, and all applicable laws, regulations and rules when you use
the website.
(c)
License and Restriction
Subject
to the terms and conditions of this TOS, you are hereby granted a limited,
non-exclusive right to use the content and materials on website in the normal
course of your use of the website. You may not use any third party intellectual
property without the express written permission of the applicable third party,
except as permitted by law. The website will retain ownership of its
intellectual property rights and you may not obtain any rights therein by
virtue of this TOS or otherwise, except as expressly set forth in this TOS. You
will have no right to use, copy, display, perform, create derivative works
from, distribute, have distributed, transmit or sublicense from materials or
content available on website, except as expressly set forth in this TOS. You
may not attempt to reverse engineer any of the technology used to provide the
services.
(d)
Prohibited Conduct
In
your use of the website and the services, you may not: (i) infringe any patent,
trademark, trade secret, copyright, right of publicity or other right of any
party; (ii) defame, abuse, harass, stalk any individual, or disrupt or
interfere with the security or use of the services (iii) interfere with or
damage the website or services, including, without limitation, through the use
of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of
service attacks, packet or IP spoofing, forged routing or electronic mail
address information or similar methods or technology; (iv) attempt to use
another user's account, impersonate another person or entity, misrepresent your
affiliation with a person or entity, including (without limitation) the website
or create or use a false identity; (v) attempt to obtain unauthorized access to
the website or portions of the website that are restricted from general access;
(vi) engage, directly or indirectly, in transmission of "spam," chain
letters, junk mail or any other type of unsolicited solicitation; (vii)
collect, manually or through an automatic process, information about other
users without their express consent or other information relating to the
website or the services; (viii) use any meta tags or any other "hidden
text" utilizing this site name, trademarks, or product names; (ix)
advertise, offer to sell, or sell any goods or services, except as expressly
permitted by the website; (x) engage in any activity that interferes with any
third party's ability to use or enjoy the website or services; or (xi) assist
any third party in engaging in any activity prohibited by this TOS. (e) Other
Users. If you aware of any conduct that violates this TOS, we encourage you to
contact customer care executive. We reserve the right, but will have no
obligation, to respond to such communications.
- Your Content
(a)
License
By
posting, storing, or transmitting any content on or to the website, you hereby
grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable,
right and license to use, copy, display, perform, create derivative works from,
distribute, have distributed, transmit and sublicense such content in any form,
in all media now known or hereinafter created, anywhere in the world. You
hereby irrevocably waive any claims based on moral rights or similar theories,
if any.
(b)
Objectionable Content
We
do not have the ability to control the nature of the user-generated content
offered through the website. You are solely responsible for your interactions
with other users of the website and any content that you post. We will not be
liable for any damage or harm resulting from any content or your interactions
with other users of the website. We reserve the right, but have no obligation,
to monitor interactions between you and other users of the website and take any
other action to restrict access to or the availability of any material that we
or another user of the website may consider to be obscene, lewd, lascivious,
filthy, excessively violent, harassing or otherwise objectionable (including,
without limitation, because it violates this TOS).
- Accuracy of Information
We
attempt to ensure that the information on the website is complete and accurate;
however, this information may contain typographical errors, pricing errors, and
other errors or inaccuracies. We assume no responsibility for such errors and
omissions, and reserve the right to: (i) revoke any offer stated on the
website; (ii) correct any errors, inaccuracies or omissions; and (iii) make
changes to prices, content, promotions, product descriptions or specifications,
or other information on the website.
- GST
If
you purchase any products available on the website ("Products"), you
will be responsible for paying any applicable GST.
- Fraud
We
reserve the right, but undertake no obligation, to actively report and
prosecute actual and suspected credit card fraud. We may, on our discretion,
require further authorization from you such as a telephone confirmation of your
order and other information. We have the right to cancel, delay, refuse to
ship, or recall from the shipper any order if fraud is suspected. We capture
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 website order is suspected to be fraudulent, we
reserve the right, but undertake no obligation, to submit all records, with or
without a subpoena, to all law enforcement agencies and to the credit card
company for fraud investigation. We reserve the right to cooperate with
authorities to prosecute offenders to the fullest extent of the law.
- Intellectual Property Rights
(a)
Copyright
All
materials on the website, including without limitation, the logos, design,
text, graphics, other files, and the selection and arrangement thereof are
either owned by us or are the property of our suppliers or licensors or other
companies. You may not use such materials without permission.
(b)
Trademarks
This
site has a trade name we own. The related design marks, and other trademarks on
the website are owned by us. Page headers, custom graphics, button icons and
scripts are trademarks or trade dress we own. You may not use any of these
trademarks, trade dress, or trade names without our written permission.
- Third Party Websites
This
site may contain links to other websites on the Internet that are owned and
operated by third parties. We do not control the information, products or
services available on these third party websites. The inclusion of any link
does not imply our endorsement of the applicable website or any association
with the website's operators. Because we have no control over such websites and
resources, you agree that we are not responsible or liable for the availability
or the operation of such external websites, for any material located on or
available from any such websites or for the protection of your data privacy by
third parties. Any dealings with, or participation in promotions offered by,
advertisers on the website, including the payment and delivery of related goods
or services, and any other terms & conditions, warranties or representations
associated with such dealings or promotions, are solely between you and the
applicable advertiser or other third party. You further agree that we shall not
be responsible or liable, directly or indirectly, for any loss or damage caused
by the use of or reliance on any such material available on or through any such
site or any such dealings or promotions.
- Linking and Framing
You
may not deep link to portions of the website, or frame, inline link, or
similarly display any of our property, including, without limitation, the
website. You may not use any of our logos or other trademarks as part of a link
without written permission.
- Comments
All
comments, feedback, suggestions, ideas, and other submissions that you
disclose, submit or offer to us in connection with your use of the website will
become our exclusive property. Such disclosure, submission or offer of any
comments shall constitute an assignment to us of all worldwide right, title and
interest in all patent, copyright, trademark, and all other intellectual
property and other rights whatsoever in and to the comments and a waiver of any
claim based on moral rights, unfair competition, breach of implied contract,
breach of confidentiality, and any other legal theory. You will, at our cost,
execute any documents to affect, record, or perfect such assignment. Thus, we
will own exclusively all such right, title and interest and shall not be
limited in any way in the use, commercial or otherwise of any comments. You
should not submit any comments to us if you do not wish to assign such rights
to us. We are and will be under no obligation: (i) to maintain any comments in
confidence; (ii) to pay to you or any third party any compensation for any
comments; or (iii) to respond to any comments. You are responsible for the
content of any comments you make.
- Indemnification
You
agree to indemnify and hold the website, and its subsidiaries, affiliates, and
their directors, officers, agents, members, shareholders, co-branders or other
partners, employees, and Ad Partners harmless from any liabilities, losses,
actions, damages, claims or demands, including reasonable attorneys' fees,
costs and expenses, made by any third party directly or indirectly relating to
or arising out of (a) content you provide to the website or otherwise transmit
or obtain through the Service, (b) your use of the Service, (c) your connection
to the Service, (d) your violation of this Agreement, (e) your violation of any
rights of another or (f) your failure to perform your obligations hereunder. If
you are obligated to provide indemnification pursuant to this provision, we
may, in our sole and absolute discretion, control the disposition of any claim
at your sole cost and expense. Without limitation of the foregoing, you may not
settle, compromise, or in any other manner dispose of any claim without our
consent.
- Disclaimers, exclusions and limitations
(a)
Disclaimer of warranties
We
provide the website, the products, and services on an "as is" and
"as available" basis. We do not represent or warrant the products,
the website, the services, its use, any information on it: (i) will be
uninterrupted or secure, (ii) will be free of defects, inaccuracies or errors,
(iii) will meet your requirements, or (iv) and will operate in the
configuration or with other hardware or software you use. We make no warranties
other than those made expressly in this TOS, and hereby disclaim any and all
implied warranties, including without limitation, warranties of fitness for a
particular purpose, merchantability and non-infringement.
(b)
Disclaimer of forward-looking statements
The
website may contain forward-looking statements that reflect our current
expectation regarding future events and business development. The
forward-looking statements involve risks and uncertainties. Actual developments
or results could differ materially from those projected and depend on a number
of factors, some of which are outside our control.
(c)
Products
All
products are subject only to any applicable warranties of their respective
manufacturers, distributors, and suppliers, if any, provided in the product
packaging. To the fullest extent permissible by applicable law, we hereby
disclaim all warranties of any type; either expressed or implied, including
without limitation, any implied warranties of merchantability,
non-infringement, or fitness for a particular purpose. Without limiting the
generality of the foregoing, we hereby expressly disclaim all liability for
product defect or failure claims that are due to normal wear, product misuse,
abuse, product modification, improper product selection, non-compliance with
any codes, or misappropriation.
(d)
Exclusion of damages
We
will not be liable to you or any third party for any consequential, incidental,
indirect, punitive or special damages (including, without limitation, damages
relating to lost profits, lost data or loss of goodwill) arising out of,
relating to or connected with the use of the website or products, regardless of
the cause of action on which they are based, even if advised of the possibility
of such damages occurring.
(e)
Limitation of liability
In
no event will our aggregate liability arising from, relating to, or in
connection with this TOS (including, without limitation, claims relating to the
web site, or the products) exceed the amount that you paid for the product(s).
- Force Majeure
You
acknowledge and understand that if the website is unable to provide the
products as a result of a force majeure event the website will not be in breach
of any of its obligations towards you under these Terms of Service. A force
majeure event means any event beyond the control of the website. The website will
not have any liability to you whether in contract, warranty, tort (including
negligence), or any other form of liability for failing to perform its
obligations under this agreement to the extent that such failure is as a result
of a force majeure event.
- Use
We
control the website from our offices within in India. We make no representation
that the Web Site or its content (including, without limitation, any products
or services available on or through the Web Site) are appropriate or available
for use in other locations.
- Disputes
All
disputes arising out of or relating to this TOS (including its formation,
performance or alleged breach) or your use of the website will be exclusively
resolved under confidential binding arbitration held in India before and in
accordance with the Rules of the Indian Laws in Delhi Jurisdiction.
- Waiver of Class Action Rights
By
entering into this TOS, you hereby irrevocably waive any right you may have to
join claims with those of others in the form of a class action or similar
procedural device. Any claims arising out of, relating to, or connected with
this TOS must be asserted individually.
- Limitation of Actions
You
acknowledge and agree that, regardless of any statute or law to the contrary,
any claim or cause of action you may have arising out of, relating to, or
connected with your use of the website, must be filed within one calendar year
after such claim or cause of action arises, or forever be barred.
- Modification of Terms of Service
We
reserve the right to change or modify these Terms of Service at any time and
your continued use of this site will be conditioned upon the Terms of Service
in force at the time of your use. You can always check the most current version
of the Terms of Service on this page.
- Termination
We
will have the right to terminate your access to the website if we reasonably
believe you have breached any of the terms and conditions of this TOS.
Following termination, you will not be permitted to use the website and we may,
at our discretion, cancel any outstanding product orders. If your access to the
website is terminated, we reserve the right to exercise whatever means we deem
necessary to prevent unauthorized access to the website, including, but not
limited to, technological barriers, IP mapping, and direct contact with your
Internet Service Provider. This TOS will survive indefinitely unless and until
we choose to terminate it, regardless of whether any account you open is
terminated by you or us or if you have the right to access or use the website.
- Integration
This
TOS contains the entire understanding between you and us regarding the use of
the website, and supersedes all prior and contemporaneous agreements and
understandings between you and us relating thereto.
- Additional Terms
This
TOS will be binding upon each party hereto and its successors and permitted
assigns, and governed by and construed in accordance with Indian laws in Jalandhar
Jurisdiction only without regard for conflict of law principles. This TOS and
all of your rights and obligations under them may not be assignable or
transferable by you without our prior written consent. No failure or delay by a
party in exercising any right, power or privilege under this TOS will operate
as a waiver thereof, nor will any single or partial exercise of any right,
power or privilege preclude any other or further exercise thereof or the
exercise of any other right, power, or privilege under this TOS. You are an
independent contractor, and no agency, partnership, joint venture, or
employee-employer relationship is intended or created by this TOS. The
invalidity or unenforceability of any provision of this TOS will not affect the
validity or enforceability of any other provision of this TOS, all of which
will remain in full force and effect.