Terms of service

TERMS AND CONDITIONS OF SALE

Our e-store is hosted on Shopify Inc. (“Website”). This Website is operated by Spektacom Technologies Pvt. Ltd. (“Spektacom”). They provide us with the online e-commerce platform that allows us to sell our Products to you.

Throughout the site, the terms “we”, “us” and “our” refer to Spektacom. Spektakom agrees to sell the goods and services offered on this Website (“Products”) to any user, person, or entity (“You”), in accordance with the Terms and Conditions of Sale (“Terms”), subject to your acceptance of all terms, conditions, and policies, stated herein.

By visiting and accessing this website and/ or purchasing something from us, you agree to be bound by the terms, including any additional terms and conditions and policies available on our Website. These Terms apply to all users of the site, including without limitation users who are browsers, purchasers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before purchasing any Products on this Website. If you do not agree to all the Terms of this agreement, please refrain from using, accessing, or purchasing any Products on this Website. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

By agreeing to these Terms, you represent that you are at least the age of 18 years. If you are below the age of 18 years, you are not permitted to use or access this Website or purchase the products or services, without the presence or consent of your parent or legal guardian.

ORDERS & ACCEPTANCE

All product information, including pricing, deals, discounts, offers related to the products are provided by Spektacom. Spektacom reserves the right to de-list, modify, delete, remove, discontinue, or amend any such information on the Website at any given time, without any notice. Spektacom shall not be responsible for the accuracy or correctness of such information on the Website.

You can place any order for the Products on the Website. To purchase the Products, you need to provide shipping and delivery details and the payment method or choose payment on delivery as per the payment method eligible for the products on the Website.

Once you have purchased the Products and the order is confirmed and accepted by Spektacom, you will receive an order confirmation via email along with relevant details pertaining to the order number, Product information and delivery timelines.

All orders are subject to acceptance by Spektacom. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel the order, subject to the availability of the Products. In the event that we refuse, cancel or change the order, we will attempt to notify you via the email, phone number or other shipping/billing details shared with us.

You agree that by placing and purchasing an order on the Website, you are entering into a binding contract with us and this also implies your acceptance of the Terms herein. You acknowledge that the Terms do not cover your purchase of any products bought on any other website (including on this platform, i.e., Shopify), including that sold by us on any other platform. The Products sold on this Website are for personal use and not for re-sale.

PRICING & PAYMENT TERMS

Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any price change or modifications. Prices are inclusive of taxes. Any such taxes or other charges not mentioned herein and/or imposed by the government authority shall be your sole responsibility.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

By purchasing the Products on this Website, you are authorizing us to process your payments. You agree that Spektacom is only facilitating the automated electronic payment mode as per the payment method selected by you at the time of purchase. You shall not any point withhold or refuse to make the payments once the order has been confirmed by us.

You agree that we may cancel or delay the delivery of the Products in case of any default in payment terms by you. You shall pay all costs, including reasonable attorneys’ fees, incurred by us in any collection efforts for outstanding balances. Any outstanding dues shall be subject to an interest at the rate of 18% per annum but not to exceed the maximum amount permitted by applicable law.

DELIVERY

We shall deliver the Products to you, either directly or through our logistics/carrier service providers. We make every reasonable effort to deliver the products ordered as per the Shipping Policy. We shall not be responsible for any delay in delivery of the Products caused beyond the reasonable control of Spektacom.

INTELLECTUAL PROPERTY

All information and content, including product description or specifications, pricing, images, videos, and any other data or content displayed or provided by Spektacom on the Website shall remain the sole and absolute property of Spektacom.

Any trademarks, brand names, logos, labels, product names displayed or provided on the Website by Spektacom, including any other proprietary information or materials, including copyright, design and patent details of the products shall belong exclusively to Spektacom.

DISCLAIMER OF WARRANTIES

We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free. You agree that your use of, or inability to use, the Website, including buy any products, is at your sole risk.

All products and services displayed and delivered to you (except as expressly stated by us) is provided 'As Is' and 'As Available Basis' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, completeness, durability, timeliness, performance, title, and non-infringement and does not does not accept any liability for any defects, deficiencies, short comings, errors or omissions.

We disclaim all warranties and make no representations with respect to the correctness, accuracy and truthfulness of any information or content contained on the Website, including regarding the products and services, pricing and payment details, shipping, billing, and delivery details. You shall be solely responsible for any actions you intend to take based on the information contained on the website and we shall not be responsible for any consequences arising from your acts.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Website will be corrected. We disclaim all representations and warranties to keep the Website, or the Products offered herein, including any product and service descriptions, pricing information, updated.

We do not claim any responsibility or liability, whatsoever, in respect of any loss or damage arising directly or indirectly to You due to: a) any payment issues arising during any transactions on the Website; b) any issues arising between you and the Banks or payment gateways; c) any errors or downtime caused during any payment transactions on the Website; d) lack of authorization; e) decline of any transactions; f) settlement claims by the Banks; g) deduction, return or refund of payments.

LIMITATION OF LIABILITY

In no case shall Spektacom, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of Website, including procuring any products and services or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

CANCELLATION

You can send a request to cancel the order to the email id contact@spektacom.com and any refund shall be paid as per the Refund Policy. You cannot cancel the order once the order has been shipped.

We will make every effort to deliver the Products listed in your Order Confirmation. However, there may be such situations or circumstances due to which we will need to cancel your order. We will cancel the order and attempt to notify you and refund any such amounts based on the Refund Policy. We will not refund any amounts if we have cancelled the order due your breach or violation of any applicable laws.

Any special, discounted, non-returnable or non-cancellable order cannot be cancelled.

PROHIBITED USES

You are prohibited from using the Website or the Products offered herein:

for any unlawful, illegal or unauthorized purpose;
to infringe or violate any intellectual properties of Spektacom or others;
to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, including any products or services;
to solicit others to perform or participate in any unlawful acts;
to submit false or misleading information;
to harass, abuse, insult, harm, defame, slander, libel, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or products and services offered herein or of any related website, other websites, or the Internet;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any abusive, obscene or immoral purpose;
to transmit any worms or viruses or any code of a destructive nature;
to circumvent or interfere with security features of the Website or any parts thereof;
to violate any applicable laws, rules and regulations.

We reserve the right to terminate your use of the Website or any portions thereof, including to purchase the Products, for violating any of the prohibited uses.

THIRD-PARTY LINKS

Certain content, products and services available via this Website may include materials from third parties.

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Spektacom and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your (a) breach or violation of any terms and conditions of these Terms or any policies; (b) violation or infringement of any intellectual property belonging to Spektacom or any third parties; (c) violation of any law, rules or regulations.

SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using the Website.

If in our sole judgment you fail, or we suspect that you have failed to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to the date of termination; and/or accordingly may deny you access to the Website or any portions thereof.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Website or in respect to Products constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

CHANGES TO TERMS

You can review the most current version of the Terms and Conditions of Sale at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Website or the products and services offered herein. It is your responsibility to check the Website periodically for changes. Your continued use of or access to our Website, following the posting of any changes, constitutes acceptance of those changes.

GOVERNING LAW

These Terms and any policies or separate agreements whereby we provide you the products and services in this Website shall be governed by and construed in accordance with the laws of India.

DISPUTE RESOLUTION

Disputes, if any, shall be resolved amicably failing which the same shall be referred to binding arbitration by a sole, independent arbitrator appointed by the Parties jointly. The arbitration shall be conducted in accordance with the procedure established by the Arbitration and Conciliation Act, 1996. The seat of arbitration irrespective of the venue of arbitration shall be Bangalore. The language of arbitration shall be English. In the event that either Party needs to seek and obtain an injunctive remedy, they hereby consent to the exclusive jurisdiction of the courts in Bangalore.

CONTACT INFORMATION

Any concerns or queriers about the Terms or the products & services offered herein can be sent to us at contact@spektacom.com.

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