TERMS & CONDITION


TERMS & CONDITION

This website user agreement and the privacy policy lays out terms and conditions, as may be amended and modified in accordance to the Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008; which shall be applicable to the access and use of the website https://service.adityagroup.com/aditya_service/rma/, by you , the Visitor (“User”) of the website.

This user agreement is published in accordance with the provisions of Rule 3 (1) of the Information. Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access and/or usage of Aditya Infotech Ltd ("Website") and / or (“application”).

In these terms and conditions of use ("Terms of Use"), the following terms shall have the meaning as ascribed to them below:

"User" refers to you, the person visiting including authorised Registered Dealer/System Integrator/ Registered Distributor/Channel Partner/ End Customer, accessing and/or using the Website by means of any communication device.

"Aditya Infotech Ltd" refers to a Company incorporated under the Indian Companies Act, 1956, having Corporate Identity No. U74899DL1995PLS066784 and having its registered office address at F-28, Okhla Industrial Area, Phase -1, New Delhi – 110020, India, which is the owner of all rights in this Website.

All references to "You" and “Your" shall mean the User. All references to "Company", "We", "Us" and "Our" shall mean Aditya Infotech Ltd.

This is a legal and binding agreement between You i.e., the User of the Website and the Company and states the terms that govern Your use of the Website. By accessing this Website, you consent, agree and undertake to abide, be bound by and adhere to the Terms of Use and if You do not agree to these terms of use, you should not access or use the Website and any use thereafter shall be unauthorized.

By accessing and/or using the Website, you signify Your agreement to accept these binding Terms of Use herein. This document constitutes a legally binding user agreement between the Company and You. If you do not agree with any or all the following terms of use (including the privacy policy), please do not access and/or use the website.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the Website herein.

Your continued use of the Website following the posting of changes and/or modifications shall constitute Your acceptance of any revised Terms of Use. The Company retains the right at any time to deny or suspend access to all or part of the Website to anyone who the Company believes has violated any of these Terms of Use.

It is hereby clarified that CP Plus products are governed by the warranty policy in force at the time of availing service and / or support. Such Warranty Terms and Conditions are liable to change from time to time without any notice to Customers. Any product not covered under the above terms, will be deemed to be outside the purview of warranty and accordingly service and support will be on chargeable basis only.

1. ACCESS TO THE WEBSITE

  • a. Your access to and use of the Website or application is subject to these Terms of Use, Privacy Policy and all applicable laws, rules, and regulations in India.
  • b. The Company grants You a personal, revocable, non-exclusive, non-transferable right to access and use the Website, for commercial use only, in accordance with these Terms of Use. These Terms of use, govern Your access of the Website and any data, message, text, image, codes, computer programmes, software, database, information, content, etc. that You, publish, share, transact, display and/or upload.

2. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

  • a. "Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of the Company whether registered or unregistered and all renewals and extensions.
  • b. All rights, title and interest in the Intellectual Property Rights in the Website including without limitation all its constituents, content, text, images, audios, audio-¬‐visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, a video recording, performance and broadcast under the Copyright Act, 1957, specifications, instructions, abstracts, summaries, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, illustrations, contests, and all other elements, data, information and materials ("Materials") are the property of the Company. The Company retains full, complete and absolute title to the Website and all Intellectual Property Rights therein.
  • c. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Website (including without limitation the software, coding, constituents, elements, Materials, etc.) in any manner whatsoever.
  • d. You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Website (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.

3. DISCLAIMER

Information contained in this website is for general information purposes only. The information is provided by CP Plus and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, Product(s), services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Through this website or application you may be able to link to other websites which are not under the control of CP Plus.

4. PRODUCTS

Products shall be deemed to have been accepted by the customer as being in good condition and in accordance with the terms of repair and maintenance as per the warranty terms unless is notified in writing to the contrary. All products are subject to warranty terms as notified by the company on to the website https://cpplusworld.com.

5. LIMITATION OF LIABILITY

  • a. By accessing and/or using the website, you have read, understood and agree to be legally bound by the terms of this disclaimer. You agree that Your access to the website is at Your sole risk and at Your free will.
  • I. are not responsible or liable for any infection or contamination of Your system or device arising out of or in connection with Your use of the website or any connected website and do not warrant that the website, the server(s) that make the website available or any connected websites are free from viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components.
  • II. are not responsible or liable for interruptions, delays, inaccuracies, errors, or omissions arising out of Your use of the website or any connected website or with respect to the material and user material thereon; and do not warrant that the website, or any connected website, linked microsites, any materials, third-party content, services offered will be uninterrupted or error free or accurate or suit Your purpose.
  • c. Every effort is made to keep the website running smoothly. However, the Company takes no responsibility for, and will not be liable for, the website or application being unavailable due to any reasons.
  • d. We are not responsible for any such third-party content that may be accessed via the website, nor the organizations publishing those third-party websites, and hereby disclaim any responsibility and liability for such content.
  • e. To the fullest extent permissible by law, the Company, its affiliates, associates and group companies, and their respective directors, key managerial personnel, employees, officers, shareholders, agents, representatives, sub--‐contractors, consultants and third-‐party providers shall not be liable for any loss and/or damage and/or claims of any kind (whether in contract, tort or breach of statutory duty or otherwise) arising out of or in connection with the website and/or materials and/or user material and/or any connected third party website including without limitation:
  • I. Indirect or consequential loss.
  • II. Loss of profits or revenue or savings or other economic loss.
  • III. Incidental, direct, or special loss or similar damages.
  • IV. Loss of or damage to data v Loss of business, reputation or goodwill; and/or Wasted or lost management time; even if advised of the possibility of such loss or damage or if such loss or damage was foreseeable.
  • f. Notwithstanding the foregoing, in no event shall the Company or its affiliates, associates and group companies’ liability to You for all losses, damages or claims (whether in contract, tort, breach of statutory duty or otherwise) exceed the amount paid by You, if any, for accessing the website.
  • g. If you are dissatisfied with the website or with these terms of use, your sole and exclusive remedy is to discontinue accessing or using the website.

6. INDEMNITY

You agree to fully indemnify, defend and hold harmless the Company and its directors, key managerial personnel, employees, officers, shareholders, agents, representatives, sub- contractors, consultants and third party providers from and against all losses, claims and damages including legal fees, resulting from: (i) Your violation of any term of these terms of use; (ii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iii) Your breach of any applicable laws; (iv) any unauthorized, improper, illegal or wrongful use of Your account by any person, including a third party, whether or not authorized or permitted by You; and (v) your breach of any representation, warranty, covenant or undertaking under these terms of use or under applicable law. This indemnification obligation will survive the expiry or termination of these terms of use and your use of the website.

7. NOTICE AND SUPPORT

  • a. If You believe that the Website contains any data, information, content or material that could be in violation of above and/or in violation of any applicable provision of the Act or rules thereunder, You may notify the Company of the same by sending an email notification at helpdesk@adityagroup.com By doing so, please remember that You are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of Your account and/or other legal consequences. Please note that this provision shall be governed by applicable laws in India including relevant provisions of the Act, Information Technology (Intermediaries Guidelines) Rules, 2011, etc. You may seek independent legal advice with respect to this legal procedure at Your sole cost, expense and consequences.
  • b. If You have any questions, queries or complaints with respect to the Website, then such correspondence should be directed to the grievance officer at helpdesk@adityagroup.com or alternatively You can write to: Legal officer Aditya Infotech Ltd. Office No. A-12, Sector -4, NOIDA – 201301 (Delhi/NCR).

8. TERMINATION

The Company reserves the right to terminate Your access to all or part of the Website, at its sole discretion, without notice and without liability either to the Company or its directors, key managerial personnel, officers, employees, either for convenience or for any reason, including in the event of suspected or actual breach by You of any of these Terms of Use, the Privacy Policy, violation of any law including the Act and/or rules thereunder or any other regulation, or for any other reason that the Company deems fit.

9. MISCELLANEOUS

  • a. The fastest and easiest way to notify the Company of any grievance is by sending an email notification to our grievance officer at helpdesk@adityagroup.com or alternatively You can write to: Legal officer Aditya Infotech Ltd. Office No. A-12,Sector -4, Noida – 201301 (Delhi/NCR).
  • b. These Terms of Use contain the entire understanding between You and the Company and supersedes all prior understanding between the User and the Company in respect of the User's access and/or use of the Website.
  • c. If any provision of these Terms of Use is found to be illegal, invalid or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted, and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
  • d. You confirm that Your representations, warranties, undertakings and covenants, and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms of Use.
  • e. Any express waiver or failure to exercise promptly any right under these Terms of Use will not create a continuing waiver or any expectation of non--enforcement.
  • f. You agree that the Company shall be under no liability whatsoever to You in the event of non-availability of the Website or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, server failures, failure of any public utility, terrorist attack, network maintenance, Website maintenance, server maintenance, or any other cause whatsoever beyond the control of the Company.
  • g. The Company makes no representation that the Website is appropriate or available for use in locations other than India. Those who choose to access the Website from locations other than in India, do so on their own initiative and risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
  • h. These Terms of Use shall be governed by and construed in accordance with the laws of the India and be subject to the exclusive jurisdiction of the Courts at New Delhi, without giving effect to any principles of conflicts of law.

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