Difference between revisions of "Terms and Conditions"
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Latest revision as of 17:10, 22 August 2018
Solution Point and its affiliates provide access to websites subject to conditions set out on this page. By using our websites, you signify your agreement to be bound by these conditions. Solution Point, hereinafter can also be referred to as "Parent", AND you, hereinafter referred to as "Customer" or "User" or "Member", HAVE entered into a Customer Agreement or "Agreement" as below effective from today.
Please read these conditions carefully before using the Solution Point website. By using the Solution Point website, you signify your agreement to be bound by these conditions.
In addition, when you use any of our current or future websites, you will also be subject to the terms, guidelines and conditions applicable to that Website ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.
Terms Relating to Your Use of Solution Point Notice and Procedure for Making Claims of Infringement or Violations Notice and Procedure for Notifying Solution Point of Objectionable Content
Conditions Relating to Your Use of Solution Point
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of our website. Solution Point reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
3. Digital Platform for Communication
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products or services listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Solution Point is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale on the website shall be a strictly bipartite contract between you and partners of Solution Point.
4. Access to Solution Point
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. Licence for website access
Solution Point grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Solution Point and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Solution Point and / or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Solution Point and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Solution Point's or its affiliates' names or trademarks without the express written consent of Solution Point and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Solution Point and / or its affiliates, as applicable.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Solution Point as long as the link does not portray Solution Point, Solution Point, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Solution Point logo or other proprietary graphic or trademark as part of the link without express written consent of Solution Point and / or its affiliates, as may be applicable.
6. Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Solution Point, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
for fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam to cause annoyance, inconvenience or needless anxiety
7. Reviews, comments, posts, communications and other content
Users of our websites may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Solution Point reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Solution Point violates these Conditions of use and, or terminate your permission to access or use this website.
If you do post content or submit material, and unless we indicate otherwise, you
(a) grant Solution Point and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Solution Point and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Solution Point, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Solution Point: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Solution Point policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Solution Point 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.
8. Claims against Objectionable Content
Because Solution Point lists many products / services for sale offered by sellers on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Solution Point operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Notifying of Objectionable Content. Once this procedure has been followed, Solution Point will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
9. Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Solution Point, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Solution Point and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Solution Point, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
You may not systematically extract/ or re-utilise parts of the contents of the website without Solution Point and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Solution Point and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Solution Point and / or its affiliate's (as may be applicable) express written consent.
10. Intellectual Property Claims
Solution Point and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.
Solution Point is a registered trademark. Solution Point's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Solution Point. Solution Point's trademarks and trade dress may not be used in connection with any product or service that is not Solution Point's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Solution Point. All other trademarks not owned by Solution Point that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Solution Point.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Solution Point nor shall Solution Point have any obligations or liabilities in respect of any transactions on the website.
13. Indemnity and Release
You shall indemnify and hold harmless Solution Point, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Solution Point and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Use of Solution Point websites is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Solution Point only with the involvement of a parent or guardian.
15. Other Businesses
Parties other than Solution Point and its affiliates may operate stores, provide services, or sell product lines on Solution Point. For example, businesses and individuals offer products via shopping portal. In addition, we provide links to the websites of affiliated companies and certain other businesses. 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 of their websites. Solution Point does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
When you visit Solution Point or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
18. Alteration of Service or Amendements to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
19. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
21. Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.
23. Our Details
This website is operated by Solution Point.
You could contact us by visiting: www.solutionpoint.in/contact
23. Solution Point Software Terms
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Solution Point Services (the "Solution Point Software").
If you believe that your rights are being violated by an item or information on the Solution Point site, you may fill out and submit the Notice Form (below). This signed form can be sent via E-mail PDF to our Legal In-charge:
E-mail scanned PDF: firstname.lastname@example.org Subject Line: Claim of Violation
(We will accept a signed PDF via e-mail with the subject line "Claim of Violation" unless by prior agreement we have agreed with you for an alternative receipt mechanism).
Please fill out the Notice form using the corresponding numbered paragraphs to frame your communication.
Re: [INSERT FULL WEBSITE URL ]
I, [INSERT FULL NAME AND TITLE ] of [COMPANY NAME, IF APPLICABLE] , state as follows:
: (a) Your and/ or your company's name, address, telephone number and contact email address; (b)The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in (1)(a). Listing's ASIN (or ISBN-13 if applicable) and Allegation of Infringed Right:
(a) The listing's ASIN/ISBN-13 number or detailed description of where the information that you claim is infringing your rights is located on the site; if regarding a Third Party Seller listing please also provide the name used to identify the Seller on the site (look for "dispatched and sold by _____" or "by ______" in the listing). (b) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent) by the information of/for this ASIN/ISBN-13. [REPEAT (2)(a-b) as necessary for multiple items, see example Notice Form here.]
Include the following statement: "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."
Include the following statement: "I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above."
Sign the Notice Form.
Notice and Procedure for Notifying Solution Point of Objectionable Content
If you believe that any content on, or advertised for sale on, the website contains any Objectionable Content as defined under Section 8 above, please notify us immediately by copying the Notice to Solution Point of Objectionable Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a signed copy via E-mail PDF to In-charge:
e-mail scanned PDF: email@example.com Subject Line: Claim of Violation
Please note that this procedure is exclusively for notifying Solution Point of Objectionable Content on or advertised for sale on the Solution Point website. Please provide your address, telephone number, and e-mail address when sending the notice to us.
Important Warning: Giving false, misleading or inaccurate information in the Notice to Solution Point may result in civil and/ or criminal liability.
Notice to Solution Point of Objectionable Content
In the matter of Solution Point
I, [Please set out your full name] of [please give your postal address], [please set your occupation] , says as follows:
I refer to [INSERT FULL WEBSITE URL ] ("the website"). I make this statement in support of my giving Solution Point notice that, via the website, it is causing or contributing to the publication of Objectionable Content.
The Objectionable Content (delete whichever paragraph is not applicable): (a) appear in a book being sold by Solution Point via the website entitled [please state the book name and its author]. The Objectionable Content appear on page [please state the page number(s) where you consider the words constitute Objectionable Content]. OR (b) appear on the website at [please cut and paste the address of the relevant Web page from the website where the Objectionable Content appears].
The words/ content that I consider to be Objectionable Content are [please repeat the exact words you are complaining about].
This content is Objectionable Content because [please state why you consider the content is Objectionable Content].
I understand that this statement may be used in any court proceedings that may arise out of or relating to the Objectionable Content which I have complained about.
Statement of Truth
I declare the facts stated above to be true.
Please read the conditions of use carefully before using the Solution Point website. By using the Solution Point website, you signify your agreement to be bound by these conditions.
Solution Point Software Terms
1. Use of the Solution Point Software
You may use Solution Point Software solely for purposes of enabling you to use and enjoy the Solution Point Services as provided by Solution Point, and as permitted by the Conditions of Use, these Solution Point Software Terms and any Terms. You may not incorporate any portion of the Solution Point Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Solution Point Software or otherwise assign any rights to the Solution Point Software in whole or in part. You may not use the Solution Point Software for any illegal purpose. We may cease providing any Solution Point Software and we may terminate your right to use any Solution Point Software at any time. Your rights to use the Solution Point Software will automatically terminate without notice from us if you fail to comply with any of these Solution Point Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain Solution Point Software that are specifically identified in related documentation may apply to that Solution Point Software (or software incorporated with the Solution Point Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Solution Point Service is the property of Solution Point and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.
2. Use of Third Party Services
3. No Reverse Engineering
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Solution Point Software, whether in whole or in part, or create any derivative works from or of the Solution Point Software.
In order to keep the Solution Point Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Conditions of Sale (between Sellers and the Customer)
Please read these conditions carefully before placing an order for any products with the Sellers ("We" or "Our" or "Us", wherever applicable) on the Solution Point (the website). These conditions signify your agreement to be bound by these conditions.
In addition, when you use any current or future Solution Point service (eg: Wishlist or Marketplace or Solution Point MP3 Service), you will also be subject to the terms, guidelines and conditions applicable to that service ("Terms"). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.
1. Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products on the website by us to you.
2. Our Contract
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.
Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.
Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
3. Returns & Refunds
Please review our Returns Policy, which applies to products sold by us.
4. Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.
For more details, please review our Pricing policy and our Availability Guide, both of which apply to products ordered from us.
All prices are inclusive of VAT / CST, service tax, Goods and Services Tax ("GST"), duties and cesses as applicable - unless stated otherwise.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
6. Health & Safety
By purchasing any product from our Home & Kitchen shop, you acknowledge that you have read and understood our Health & Safety Guidelines.
Use of Solution Point is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.
When you send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
10. Alteration or Amendments to the Conditions
We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
11. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
13. Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.
A. Policies For Online-Payments
The Terms and Conditions contained herein shall apply to any person (“User”) making invoice, fund credits or service fee payments through an online mode through any payment gateway on Solution Point's website i.e. http://solutionpoint.in and other websites owned by Solution Point. Each User is therefore deemed to have read and accepted these Terms and Conditions.
1. Once a User has accepted these Terms and Conditions, he / she may register and avail the Services. A User may register on Solution Point’s website or other websites owned by Solution Point or in any other manner as may be specified by Solution Point from time to time.
2. Solution Point's rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives / procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of Solution Point's right to comply with any law enforcement agencies request or requirements relating to any User’s use of the website or information provided to or gathered by Solution Point with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of Solution Point.
3. If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
4. These Terms and Conditions constitute the entire agreement between the User and Solution Point. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Solution Point. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
5. The entries in the books of Solution Point and/or the Payment Service Providers kept in the ordinary course of business of Solution Point and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.
6. Refund And Cancellation : As per http://wiki.solutionpoint.in/Refund_Policy
7. Refund For Charge Back Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach Solution Point with his/ her claim details and claim refund from Solution Point alone. Such refund (if any) shall be effected only by Solution Point via payment gateway or by means of a demand draft or such other means as Solution Point deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.
8. In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider's accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
9. Refund for fraudulent/duplicate transaction(s): The User shall directly contact Solution Point for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by Solution Point alone in line with their policies and rules.
10. Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment,, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
(I) In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact Solution Point via e-mail or any other mode of contact as provided by Solution Point to confirm payment.
(II) In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent / duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).
B. Limitation of Liability
1. Solution Point has made this Service available to the User as a matter of convenience. Solution Point expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that Solution Point reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.
2. Solution Point and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the Solution Point and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.
3. Solution Point and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:
(I) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
(II) any interruption or errors in the operation of the Payment Gateway.
4. The User shall indemnify and hold harmless the Payment Service Provider(s) and Solution Point and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
5. The User agrees that Solution Point or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Solution Point’s reasonable control.
C. Debit/Credit Card, Bank Account Details
1. The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.
2. The User may pay his / her bills to Solution Point by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
i. The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions; ii. The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate; iii. The User is authorizing debit of the nominated card/ bank account for the payment of bills or add credit funds selected by such User along with the applicable Fees. iv. The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.
D. Personal Information
1. The User agrees that, to the extent required or permitted by law, Solution Point and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.
2. The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein/ therewith to Solution Point. The User agrees to be contacted via e-mail on such mails initiated by him/ her.
4. The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.
E. Payment Gateway Disclaimer
The Service is provided in order to facilitate access to view and pay for web products and services offered online. Solution Point or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.
F. Miscellaneous Terms & Conditions:
1. Any waiver of any rights available to Solution Point under these Terms and Conditions shall not mean that those rights are automatically waived.
2. The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Solution Point or the Payment Service Provider(s) have no control over such matters.
3. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, Solution Point does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
4. Solution Point, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.
5. The User may be required to create his/ her own User ID and Password in order to register and/ or use the Services provided by Solution Point on the Website. By accepting these Terms and Conditions the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
i. Choose a new password, whenever required for security reasons. ii. Keep his/ her User ID & Password strictly confidential. iii. Be responsible for any transactions made by User under such User ID and Password.
The User is hereby informed that Solution Point will never ask the User for the User’s password in an unsolicited phone call or in an unsolicited email. The User is hereby required to sign out of his/ her Solution Point account on the Website and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the User’s personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet café.
6. Misuse of the allotted server space, bandwidth are prohibited and penalty will be charge. Distribution of free email IDs to any person other than the ones related to the website owner or the company automatically gives are prohibited, penalty will be charge to those users. In case of misuse of allotted email ID space, we will have the rights to diminish the space provided for one email ID.
7. Misuse of bandwidth will lead a client to be entitled for lesser bandwidth in future or account would be suspended or deleted. Any illegal activity detected on a website will lead to sealing of the same by us with immediate effect, as per the IT rules laid out by the Indian and International IT Act. Intentionally tampering (Hacking or sending virus) of our server by a client will see the account suspended.
8. Customer Election. Customer hereby elects to purchase Domain Name, Web & Email Hosting, Web Design, Software Development, Digital Marketing, Content Distribution and other related services through Parent. Parent own the sole rights to discontinue the services or deny access to anyone who fails to comply with the rules implemented by us, without any warning or prior notice. The payments received from the violating parties in such cases are also non-refundable.
9. Parent's Acceptance. Parent hereby accepts Customer's election to purchase Domain Name, Web & Email Hosting, Web Design, Software Development, Digital Marketing, Content Distribution and other related services through Parent.
10. Customers are advised to maintain their own data backups on their home computers or CDs to ensure that they have ready access to their data in case we have a hardware failure. However, such cases are rare in occurrence, but cannot be avoided sometimes. This is why we recommend all our clients to take regular backups for all their important data. You can take your mail backup by forwarding the mail id to other email id and by using outlook of local computer.
For safety reasons, we urge our customers not to divulge the password of their e-mail/hosting/ftp accounts to anyone. In cases where passwords and usernames are to be given to our employees, we suggest to change the password immediately. In every 15 days you have to change your all password for security reason. There is no provision of refund in Solution Point for any products under any circumstances.
11. Customers should also maintain their payment confirmation details that have been paid to us for activation of the orders. It is also advisable to maintain the backup of our first mail which is sent to you after activation of your order and contains your User ID and password. By using the details provided, we will be able to provide you Technical/Billing support and activation/renew/control panel/reset password facility etc.
Hereby we would like to update that we have stopped all kinds of instant order activation of hosting and instant registration of domains. We have taken this step due to various fraud and hacking activities are going on in cyber world. Please ignore such type of wordings if it is mentioned in any WebPages in our website. We have to check manually the payment, domain's availability and all the credentials of the client to activate any order or register any domain. The order activation and domain registration will or might take little more time due to all kinds verifications and manual checking of the date provided by the client for the same. We hope you can understand the emergency and criticality of the cyber law and will co-operate us to the maximum level. Unfortunately if website/server etc will down then we are not responsible for any losses face by client.
12. If Customer have made the payment by the payment gateway and the payment gateway company has declared the payment as fraud then Customers account will be suspended and the domain name will be deleted immediately with out any prior notice. If Customer is making the payment by offline once again or Customers is clearing payment by speaking with payment gateway company then we will reactive the hosting and re-register the domain if the domain name is available. Reregistration and hosting activation will be done after getting the payment confirmation only. With in this time if the domain will registered by any other company then Parent will not be liable or responsible for that loses. For plan details and services provided by Parent, please refer to the website as the most valid reference. Any commitment made by our employees over chat/phone/mail or by any other mode, which is not mentioned in our website, will not be abided.
13. Parent would like to announce that any misbehave or using abuse languages to our employee then we will suspend or delete Customer account without any priority notice, and he will not get any refund and further support from Parent any point of time. For this Parent is not responsible. Parent have full rights to take action against that client/visitor.
If Customer have taken any free domain from us with any package, then at the time of changing the server from Parent, Customer need pay the domain price extra. If Customer is hosting your domain in any other server with out informing to our billing team by raising a ticket then Customer must have to pay 5 times more of the domain price. Please take the back up of all your data before changing Name Server (DNS) of a Domain. We will delete all Customer data automatically if Customer will change Name Sever. To reduce server burden we will delete all data of the Domain which name server is not pointing to our server. So Parent will not responsible for any loss of data if you changed Name Server of a Domain for single time also.
14. If Customer is not using the hosting service from Parent, it is mandatory for Customer to send the cancellation request in company letter head to billing department by post or courier. Failing with the same Parent will be charging the renewal amount every year. Hereby we would like to update that Parent will not be responsible if any one else book the domain globally within the period of order activation. If any domain gets registered else where globally with in that period and payment is done Customer can avail other domain name. There will not be any refund for the same. It is the sole responsibility of the Customer and not Parent and if once order is activated then payment cant be refund under any circumstance.
15. If Parent is not having correct Customer contact detail and phone number then Parent is having full rights to suspend and delete the account with out any intimation. Before any order activation Parent is having ful rights to verify the clients. Any issue which is not related to server and can be solved by the Customer. We suggest all Customers to use our trial offers before purchasing any package. This will help to avoid post-purchase problems.
16. Parent is not using any incoming E-Mail ID for Billing, Technical Support, Renew, Refund, Complain or any other issue. So if Customer is contacting Parent by mail then Parent is not responsible to give reply. For any type of issue Customer should raise a ticket from http://solutionpoint.in/contact
17. Abuse of SMTP Mail Server: If any of the email id will be misused our our mail servers then Parent can suspend or delete Customer hosting account. Network security: In case of any tampering done to network security, Parent will take an immediate action against the respective hosting account. Spam: Unsolicited commercial advertisements (spam) are not allowed in e-mail IDs and may result in cancellation of the account. Abuse of Traffic: If any Customer violates the Parent's policies in site transfer or misuse of bandwidth is preheated, Parent can decrease its allotted Traffic quota or suspended Customer account with out any prior notice.
Abuse of Space: As per Parent policies, at least 90% of your web pages (HTML) must be "Linked" with files (.GIF, .JPEG, etc.) which is stored in our server. Web space must not be used by Customer's visitor for free upload, download heavy size file. Web sites containing a large number of unlinked files or using server space for data storing propose are subject to deletion of files otherwise Parent will cancel the account without prior notice. Customers can not run IRC, bots or clients on servers. Customers are also prohibited from running Bulk Emailing, Unsolicited Emailing, Newsgroup Spamming, Pornographic Content, Illegal Content, Copyright Infringement, Trademark Infringement, Warez, Cracks, and Software Serial Numbers.
19. Customer Choices: Customer can stop the delivery of promotional e-mails & mobile text messages (SMS) from a Solution Point website/portal or related services by following the instructions in the e-mail Customer receives or by logging into your account. To make proactive choices about how we communicate with Customer, follow the instructions listed in the communication carefully and explore the user a/c & FAQ pages.
20. Uses of Information: We use the information we collect to provide the services you request. Parent services may include the display of personalized content and advertising. Parent use Customer information to inform him/her of other products or services offered by Solution Point and its affiliates, and to send you relevant survey invitations related to Solution Point's Web Services. Parent do not sell, rent, or lease our customer lists to third parties. In order to help provide the services, Parent occasionally provide information to other companies that work on our behalf.
21. Web Project Development: Expectations and commitments: Normally website projects are delayed due to clients not supplying feedback, pictures or content necessary to complete sections. We feel just as important to be clear that we expect your total commitment to the project. If you do not supply information when requested, or request changes mid-stream we may have to re-evaluate our total cost structure. We also assure that, we will take full responsibility if, in case, we are running behind in the project ourselves.
Mock-ups (samples): We will give you a good idea of what the site will look like after you confirm the order with advance payment as agreed.
Online Marketing: We at Solution Point do not claim explicit guarantees on SERPs or Digital Campaigns. Ask for written confirmation, if someone is claiming so. Ongoing website maintenance: Offer for ongoing site maintenance is presented on project completion depending on tasks involved.
Payment Terms: As part of our business policy, we request all our clients to adhere to payment terms to be presented on project confirmation. Miscellaneous expenses, such as deliveries, prints, messengers, software licence fee, ads, custom payment gateway and travel are not included, and will be billed at cost, if applicable.
We follow some strict corporate social responsibility (CSR) practices and code of conduct and expect same from clients & vendors (we can even let go or cancel deals for sake of preserving these values). For any copyright or legal related queries or issues you can email using contact form with full details, suggestions, references and evidences.