Terms and Conditions

1. TERMS OF USE

Welcome to Zoshab International Power Tools LLP (hereinafter referred as “Company”,”We”,”Our”,”Us”), a company incorporated under the Limited Liability Partnership Act, 2008 with its registered address 9A, 2nd Floor, 'C' Wing, Greenstone Heritage Building, Palton Road, Opp. Haj House, Crawford Market, Mumbai – 400001.

This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under and the provisions pertaining to electronic records in various statutes as amended from time to time. This is an electronic record and does not require any physical or digital signatures.

This document 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 of Use for access or usage of https://www.idealpowertools.org/ (hereinafter referred as “Website”)

These Terms of Service (hereinafter referred as “ Terms”, “ Terms of Service”) governs use of our website located at https://www.idealpowertools.org/ owned and operated by Zoshab International Power Tools LLP

Our Privacy Policy governs your use of our Services and explains how we collect, safeguard and disclose information that results from your use of our web pages. Our Company offers this Website, including all information, tools and services available from this Website to You, upon your acceptance of all terms, conditions and policies stated here and as amended from time to time.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO TERMS OF USE AND PRIVACY POLICY STATED HERE, SO PLEASE READ

THE TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE PROCEEDING.

You acknowledge that You have read and understood the Terms of Use and Privacy Policy, and agree to be bound by it. Further, based on the Services obtained by you, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between you and the Company.

If you do not agree with (or cannot comply with) Terms of Use and Privacy Policy, then you may not use the Services, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms of Use and Privacy Policy apply to all visitors, users and others who wish to access or use Service.

2. DEFINITION
  • 2.1. “Buyer” means You who has obtained or willing to use the Services for purchasing the products sold by the Company on the Website, including but not limited to Corporate buyer/Business Buyer, Consumers, etc.
  • 2.2. “Order” shall mean an order placed by the Buyer to Company for purchasing the Products provided or sold by the Company through this Website.
  • 2.3. “Parties” Collectively, the Parties to these Terms of Use (the Owner and You) will be referred to as Parties.
  • 2.4. “Product” shall mean Product and/or related services that the Company provides and/or offers and is willing to offer to the Buyer through the Website.
  • 2.5. “Registered User” shall mean the User registered on the Website and availing the Services provided through the Website.
  • 2.6. “Service(s)” shall mean and include the Website provided by the Company, wherein, it includes:
    • 2.6.1 Enabling the Company to initiate a sale event wherein the Buyer of the Product can participate and buy the Products.
    • 2.6.2 Assisting the Buyer to make a payment to the Company via a partnering bank for availing the Services and procuring the Products
  • 2.7. “User”, “You/your”, “Your/you”, “the Client" means any person who browses, accesses or uses the Website, including but not limited to Buyer, Registered User, etc.
  • 2.8. “Use” or “Using” means to browse, access, view, copy, availing Services or other benefit from using the Website.
  • 2.9. “Website” means the platform provided to you for buying through https://www.idealpowertools.org/
  • 2.10. “We”, “Company”, “us”, and “our” means Zoshab International Power Tools LLP (dba “Ideal”) and its affiliates, officers, employees, agents, partners and licensors.
INTERPRETATION
  • a) Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.
  • b) Headings and captions are used for convenience only and not for interpretation of the Agreement.
  • c) Any reference to a natural Person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
3. WEBSITE USE

Your use of the Website, Services and tools on the Website and any transactions made through the Website are governed by the following terms and conditions ("Terms of Use" or “Terms” or “TOU” or “Agreement”) as applicable to the Website including Privacy Policy and any other applicable policies which may be incorporated herein by way of reference or available by hyperlink on the Website. Mere use of the Website, shall be construed as Your intent to contract with us and shall constitute Your binding obligations, with us.

You understand that it is your responsibility to check the Terms of Use carefully before accessing or using or transacting on our Website. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. Any such modifications would be effective immediately unless otherwise provided. It shall be your responsibility to review these Terms of Use periodically for any updates/changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. You are allowed to Use Website at your own risk. You acknowledge and understand that You have discretion not to use the Website. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by our Terms and Conditions including but not limited to Privacy Policy, as amended from time to time.

You assume all the risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights or restricting the use of this Website by third party.

Certain parts of our service, such as purchase of products or tools may contain additional terms for their use or purchase, return, replacement, etc which you shall be bound to follow. If you do not agree to such additional terms, please do not use the Website.

4. LICENSE TO USE WEBSITE:

Subject to your agreement and continuing compliance with these TOU and other relevant policies, we may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by us, and other materials which may assist in Your use of the Website or Services (“Our Materials”). Subject to these Terms of Use and the limitations captured hereunder, we grant You a non-exclusive, limited, non-transferable and revocable license to use Our Materials solely in connection with Your use of the Website and Services. You agree not to use Our Materials may for any other purpose and you acknowledge that this license terminates upon Your cessation of use of the Website or Services in accordance with the TOU or at the termination of these Terms of Use.

You agree not to collect contact information of other Users from the Website or download any copy any information by means of unsolicited access so as to communicate directly with them or for any other reason whatsoever.

Any unauthorised use by you shall terminate the permission or license granted to you by the Website and You agree that you shall not bypass and measures used by you to prevail or restrict access to the Website.

5. USER ELIGIBILITY

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. You represent and warrant that if you are an individual, you are atleast 18 years old, you are of legal age to agree to these Terms of Use. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents on the Website. The Company may, in its sole discretion, refuse to offer the Website to any person or entity and change its eligibility criteria at any time. We reserve the right to terminate your registration and/or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

6. YOUR/USER ACCOUNT AND REGISTRATION OBLIGATIONS

In order to use certain aspects of the Website, you will be required to register with us. To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in and log-out, and avail the Services securely.

In order to become a Registered User(s), you need sign up with on the Website by providing the required information and filling an on-line registration form on the Website by giving desired information (name, contact information, business type, name of the establishment, nature of business, GST No. etc.). Upon signing up on the Website, you shall be registered on the Website and an account ("Account") shall be created for your convenience, basis the information provided by you and a user name ("User ID") and password ("Password") for log-in access to your Account. If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password and for any transaction made through your Account, whether or not authorized by you. You are responsible for maintaining the confidentiality of your personal and non-personal information and for restricting access to your computer, computer system and computer network, and you are solely responsible for all activities that occur under your User ID and Password, email id and cell number as the case may be. You shall only use your Account in accordance with this Terms of Use.

You may not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself. Please notify us immediately if your Account has been unauthorized accessed and modify your login details immediately.

Upon first request, you will cooperate with the Company to investigate any suspected unlawful, fraudulent or improper use of the Account or Website or other Service. You shall indemnify Company and its officers, directors, agents, subsidiaries, joint ventures and employees) against any claims, related costs and damages arising out of or in any way connected with any disputes that may arise on, or in connection with the Service.

If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to the Terms of Use; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted on the Website during the registration process is true, accurate, current and complete.

By becoming a Registered User, you consent to the inclusion of your personal and non-personal data in our on-line database and authorize the Company to share and use such information for marketing purposes. Company may refuse or deny the registration to any user for whatever reason. Website may indefinitely suspend or terminate a Registered User at any time without any prior notification in interest of the Company or general interest of its visitors/other Users without giving any reason thereof.

Company reserves the right to determine what conduct it considers to be in violation of the Terms of Use or otherwise outside the intent or spirit of these Terms of Use. Company reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

Company also reserves the right to terminate and permanently deactivate your Account, if it has been inactive for 6 (six) months. In case of deactivation, we have no obligation to retain or provide any data or content related to, or refund any payments made through your (former) Account, and we may allow another user to register and use your former username.

Without limiting any other remedies, Company may limit, suspend terminate, modify, or delete accounts or access to the Service or portions thereof if you are, or Company suspects that you are failing to comply with the Terms of Use or for any actual or suspected illegal or improper use of the Service, without notice to you. Company is under no obligation to compensate you for any losses or results related to this, including but not limited to any benefits, privileges or credits associated with your use of the Service.

In addition to the above, the Company may, at its sole and absolute discretion:

  • restrict, suspend, or terminate any User’s access to all or any part of Website or Services;
  • change, suspend, or discontinue all or any part of the Services;
  • reject, move, or remove any material that may be submitted by a User;
  • move or remove any content that is available on the Website;
  • assign its rights and liabilities to all Accounts to any entity

You agree, inter alia, to:

  1. Provide true, accurate, current and complete information about yourself as required by us for registration,
  2. Maintain and promptly update the Account and non-personal data to keep it true, accurate, current and complete,
  3. That despite you and your organization's contact number(s) are on Do Not Call Registry, you consent to be contacted by the Company through phone calls, SMS notifications or any other means of communication, in respect to the Services provided by the Company. If you provide any information that is untrue, inaccurate, not current or incomplete or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, Company has the right to indefinitely suspend or terminate or block access of your Account with the Website and refuse to provide you with access to the Website.
  4. Not object to the monitoring of its account by the Company as a part of risk assessment mechanisms, maintenance of records, etc.
  5. Provide instant details of any suspicious activity on its registered account to the Company.

You may not:

  • engage in any act that Company deems to be in conflict with the spirit or intent of the Service;
  • use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service;
  • use the Service for any data mining, robots, or similar data-gathering and extraction tools on the content; frame any portion of the Service;
  • reproduce, copy, adjust, display, modify, translate, port, publish, (sub)license, transfer, or otherwise distribute or exploit the content available on the Service;
  • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Company;
  • offer any form of advertising or promotion on the Service, without our prior written consent;
  • provide any false personal information, or any information, content, or material on account of a third party without permission;
  • transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages) through the Service;
  • use the Service in a manner that could damage, disable, or overburden our servers or networks;
  • interfere with any other party’s use and enjoyment of the Service;
  • forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Website or to manipulate any user’s presence on the Website ; or
  • circumvent any mechanisms included in the Service for preventing the unauthorized reproduction or distribution of any content on the App or relating to the Service.
  • engage in any communication in a manner that would violate the general code of conduct and be disrespectful to the members of the society.
  • contravene any law by entering into the terms and conditions

7. AVAILING OF SERVICES

Subject to acceptance of the Terms, the Website offers Registered User to avail Services as listed on the Website. You reserve the right to select the type of Product you would like to purchase, from the options as displayed on the Website. The Company reserves the right to prevent you from using the Website and provide you service (or any part thereof) and to prevent you from making any transaction on the Website.

You may be asked to supply certain information relevant to your purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information. The information provided by you while availing the Services on the Website is subject to Privacy Policy of the Company displayed on the Website. You represent and warrant that: (i) you have the legal right to use any cards(s) or other payment methods(s) in connection with any Purchases; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.Any payment in connection with the Services, Product on the Website requires you to enter into an agreement with either Company or the relevant Payment Service Provider (“PSP”) to carry out the payment (you will see on the payment screen which PSP you are concluding the transaction with). If the agreement is entered into with a PSP, Company will never be held responsible for the communication between you and the PSP, and all information that you exchange with the PSP will be subject exclusively to the privacy policy and/or other terms and conditions of that PSP. For the avoidance of doubt, Company is not, and will not become a party to your agreement with a PSP. By using a PSP for payments on the Service you indemnify Company against reclaimed payments or other claims the PSP may have as a consequence of the non-performance of payment. In the event you pay via credit card, you may opt to enable the 1-click payment option if offered by your credit card provider. By enabling this option and using it you agree to all terms and conditions set by the payment provider and your credit card provider for the use of this option. Company accepts no liability for the use of this payment option. All information that we receive from you in the context of payments are subject to the Privacy Policy.

The Company reserves the right to store, evaluate, analyze, verify, and authenticate the information and data provided by the Users. You are required to fill your data accurately and precisely while filing the information for placing order for products.

We reserve the right to accept/refuse the order placed on the Website or any part thereof, subject to the Cancellations, Returns And Refunds Policyas provided below. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

You can choose from the products as listed on the Website. However, We do not give any guarantee that the orders will be fulfilled or performed on the date shown as a portion of it is fulfilled by a third party. The Products may not be delivered on the specific date due to any unavoidable reasons including but not limited to Force Majeure Events mentioned below. You will be updated about the delivery status on the Website and/or by E-mail/SMS/any other mode as soon as possible.

We shall not be held liable for products being out of stock. We shall on best efforts basis ensure that the Users faces no inconvenience and is well supported by the customer care team. For every order placed on the Website, an order confirmation mail will be sent to the Buyer which will carry the details of all the products that We can supply at the given rates and the Invoice. Another confirmation mail will be sent to Buyer when the products are dispatched.

Your use of any information or materials on this Website is entirely at your own risk, for which We shall not be liable. It shall be your own responsibility to ensure that any products and/or related services or information available through this Website meet your specific requirements.

Although we make the best possible effort to display the current/running product labels, descriptions, etc. along with its true colours, it may be possible that the actual product label or colour might be different from as shown in the Website. The same might be because of label changes done by the Company (i.e. manufacturer, wholesaler, etc.) or due to technology issues like resolution and colour. The Buyer is required to check the product thoroughly at the time of delivery, if not satisfied the products should be returned, in accordance with the return policy as provided below.

Product Defect: We at no point can be held liable or can be penalized for manufacturing defects or any other inherent or otherwise defects in the product which are not attributable to us. We do, however, offer a replacement warranty for complaints logged in before or within seven days of receipt of delivery, subject to extension of time for factors beyond our control. We shall ensure the return of the defective/damaged products as provided below. The replacement of the products shall be in accordance provisions of this Website.

You Agree that:

  • That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by us for redelivery shall be claimed from you.
  • That you will use the Services provided by the Website, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
  • You will provide authentic and true information in all instances as per your knowledge and understanding where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right, in our sole discretion, to reject the registration and debar you from using the Website and taking our Services and/or other affiliated websites without prior intimation whatsoever.
  • That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
  • That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

8. DATA SECURITY AND OWNERSHIP

You agree that the Website and all Services provided by Us are Our property, including all copyright, trademarks, trade secrets, patents and other intellectual property (“Our IP”). You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any product, service or feature, information, software obtained from the Website. It is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

All materials on this Website, including but not limited to images, software, text, icons and such like (the “Content”), are protected by copyright under the copyright laws. You cannot use the Content, except as specified herein. Any modification of the materials or use of the materials published on the Website for any other purpose, other than as prescribed, shall result in violation of Company's copyright and other proprietary rights by you and shall render you liable for civil, criminal or other legal proceedings. You agree to follow all instructions on this Website limiting the way you may use the Content.

There are a number of proprietary logos, service marks, brand names, trade names and trademarks found on this Website whether owned/used by third party service provider or otherwise. By displaying them on this Website, service provider is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Except as otherwise indicated on this Website and except for the logos, trademarks, service marks, brand names and trade names of other companies that are displayed on this Website, all trademarks, logos, brand name, copyright, service marks and trade name associated with our Company are the sole and exclusive property of the Company.

At no point are you allowed to make personal or commercial use of the site contents; product listing; descriptions, or prices; any derivative use of this Website or its Contents; any downloading or copying of account information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website. You may also not use any meta tags or any other "hidden text" utilizing the Website’s name or Company’s name or trademarks. Any unauthorized use terminates the permission to use the site and would suspend your account on immediate basis. You can access Website only as a user to access the Services offered by the Website.

You agree that We own all right, title, and interest in and to the Our IP and that You will not use Our IP for any unlawful or infringing purpose. You agree not to distribute Our IP in any way including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from Us.

9. ONLINE PAYMENT

User understands and acknowledges the below:

  • 9.1. That upon placing an Order You are entering into a legally binding and enforceable contract with the Company to purchase the Products from the Company using the Payment Facility, and You shall pay the price as listed on the Website through Your Issuing Bank to the Company using Payment Facility.
  • 9.2. That no refund shall be made once the Order is placed and confirmed, using the Website, subject to the policies of the Website and terms and condition of the Company.
  • 9.3. That Company, undertakes utmost care to provide secure payment system, however, it is susceptible to hacking, virus attacks, malfunction.
  • 9.4. That the User shall provide accurate payment details to the secure payment system for Making purchase on the Website.
  • 9.5. The information provided by User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order.
  • 9.6. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of User’s credit/ debit card or any such account transfers made by the Registered Users.
  • 9.7. That the User undertakes all payments subject to own risk and volition.
  • 9.8. The Company shall not be liable for any loss or damage occurred to User arising directly or indirectly due to the decline of authorization for any transaction malfunction, errors and/or unscrupulous activities.

We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to the decline of authorization for any Transaction, on Account of the Registered User having exceeded the pre-set limit.

You acknowledge that Company will not be liable for any damages, interests or claims etc. resulting from not processing an Order or any delay in processing an Order which is beyond control of the Company.

10. CANCELLATION, RETURN, REPLACEMENT AND REFUND
10.1. Cancellations:

Any order placed through the Website for availing any of the Services offered by the Website can be cancelled, as per the policies of the Company, which includes:

  • Website can place a cancellation request against an Order, prior to shipping for reasonable reasons such as unserviceable pin code, etc.
  • Upon any cancellation of the Order, the refund shall be processed in accordance with these Terms and any such policy of the Company. Such amount shall be refunded back to your bank account or to any such medium, which was used for the particular transaction.

10.2. Return & Replacement:

The Buyer is required to check all the delivered Products at the point of delivery, if not satisfied the goods shall be returned by the Buyer within 7 (seven) days from the date of delivery. The Products shall be returned by the Buyer only in case the Products delivered is damaged, has missing parts or accessories, defective or different from their description on the product detail page on Website depending on the acceptance of the return request by the Company. Please note that any such request for the return/replacement shall be place with the Website only.

Please Note: Return will be processed only if:

  • It is determined that the product was not damaged while in your possession;
  • The product is not different from what was shipped to you;
  • The product is returned in original condition (with brand’s/manufacturer’s box/ MRP tag intact, user manual, warranty card and all the accessories therein.)

In order to get the Product replaced, Buyer is required to initiate the replacement request as per the procedure of the Website and provide appropriate reasons and proofs before the replacement request is accepted. In the event, the Products delivered are damaged, have manufacturing defects, wrong products have been shipped or not as per the specifications, it shall be the responsibility of the Company to provide a replacement against such Products.

Please note that any such request for the replacement of the Order shall be place with the Website only.

Please Note:

  • The Return, Cancellations & Replacement policy shall be strictly adhered to by the Users. In any event of discrepancy, the Company’s decision shall be construed as the final decision.
  • Company shall not take any responsibility/liability if the request procedure is not followed by the Buyer and if the request is placed directly and not via the Website.

10.3. Refunds:

There are NO refunds provided for any successful transaction that can be fulfilled. However, refunds may be provided as per the Cancellation and Replacement Policy and will be enforceable as mentioned in the Terms of Service.

We ensure buyer protection and your money is safe. We initiate refunds only in two cases (1) when the payment has not reached us and (2) when we are out of stock for the purchase order placed.

Please Note: We shall initiate the refund without undue delay, and not later than:

  • 14 days after the day we received your payment
  • (if earlier) 30 days after the day we have received your purchase order and if we are out of the stock for the order placed by You.
  • If there were no goods supplied, 30 days after the day on which we are informed about your decision to cancel this contract.

11. SHIPPING AND DELIVERY

In order to achieve fast, safe and reliable shipping of Products to the Buyers, The Company has partnered with many such logistic services providers, to provide the shipping services to the Buyers.

For the avoidance of doubt: Company itself does not provide transportation/logistic services and Company is neither a transportation carrier nor a logistic services provider.

Company or its partners do not take the responsibility of the any inspections, ensuring quality packaging of the Products to be delivered to the Buyer. However, shall on bests effort basis communicate shipping status to Buyer at each stage of shipment. Hence, once the Registered User purchases the Products, the status of the Order placed can be tracked, from time to time. In case of any queries, you can contact us at our Helpline Number: +91-22 23430543 or email: [email protected]

Note: Delivery time mentioned on Product or Website is estimated. Actual delivery time is based on availability of Product, address where Product is to be delivered and courier companies or logistic service provider rules.

12. USER COMMUNICATION

Your visit to the Website, you understand that each time you use the Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services that you have selected and consent to receive communications via phone or electronic records from Website including e-mail messages, Short Message Service (“SMS”), for the reporting purpose (hereinafter collectively referred to as "Communication Services"). You agree and undertake to use the Communication Services only to post, send and receive messages or emails, SMS, and material that are proper and related to Communication Service. You agree that the communications sent to You by the Website shall not be construed as spam or bulk under any law prevailing in any country where such Communication Services are received.

By using our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these Communication Services from us by the following the unsubscribe link or by emailing at [email protected].

13. LINK TO THIRD PARTY

We may provide you links to third party services (“Third Party Services”). You agree to use the Services at your sole risk and that the Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You understand that certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Third Party Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Your use of these Third-Party Services may be subject to the separate policies, terms of use, and fees of these third parties. THE COMPANY DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.

14. INDEMNIFICATION
Buyer Indemnity:

Registered Users agree to indemnify, defend and hold Company, its parents, subsidiaries, affiliates, associates, successors, assigns and licensors, the Website or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers, franchisers and stores harmless from and against any and all liabilities, claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), or other consequences arising out of claims based upon your actions or inactions which may result in any loss or liability to the Company or any Third-party relating to, arising out of, or in any way in connection with (a) your access to or use of the services provided by the Company , including information provided in connection therewith;(b) any breach or alleged breach of terms and conditions set out herein; or (c) and misrepresentation made by You.(d) non-fulfilment of any of your obligations under this Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Registered Users and infringement of intellectual property or other rights.

You release the Company from any claim, complaint cause of actions, controversy, or dispute (“claim”) and damages, known and unknown, relating to, arising out, or in any way connected with any such claim you have against any third parties.

The Company does not warrant or guarantee the price, appropriate product in terms of your usage or any other attributes of the product or services being offered on this Website. You are advised to kindly use Your discretion and business sense before transacting on this Website.

Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.

15. DISCLAIMER AND LIMITATIONS OF LIABILITY

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 judgement before entering into any transactions through the Website. You agree and understand that while the Website has made reasonable efforts to safeguard the Website, it cannot and does not ensure or make any representations that the Website or any of the information provided by You cannot be hacked by an unauthorised third parties. The Company would not be liable for any such event. The Website and the data may get pilfered, damaged, lost, garbled or become useless. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions. You understand, acknowledge and agree that You are assuming the entire risk as to Your data, quality, accuracy, performance, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the Application, including, without limitation.

We and our licensors make no express warranties or guarantees about the Website. Company is not obligated to supply any support whatsoever. To the extent permitted by law, we and our suppliers disclaim implied warranties that the Products is merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, and non-infringing. We do not guarantee that the Website will meet your requirements or will be error-free, reliable, without interruption, or available at all times. We do not guarantee that you will be able to access or use the Website (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a representative of Company shall create a warranty. We may discontinue or change any Service or feature of the Website at any time and without notice.

Your sole and exclusive remedy for any dispute with us is to discontinue your use of the service. You acknowledge and agree that your sole remedy (and company exclusive liability) for any dispute with company is to stop using the service and to deactivate your account. Company, its affiliates, officers, employees, agents, partners, suppliers and licensors shall not be liable to you for any direct, indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to your access to and use of the service and your rights under these terms of use or any applicable additional terms, whether based on contract, tort or any other legal theory, and whether or not you have been advised of the possibility of such damage.

The Services as requested by Registered User shall be performed by the concerned representatives appointed as per the need and Services requested, only after the payment of the applicable fee is made by the User. We do not have any relationship with representatives of the Delivery Service who facilitate the completion of the Services requested. We are not an authorised agent of any Delivery Service, service provider(s) and we only provide the platform for Selling of the Products by the Company through our Website. We shall neither be liable nor responsible for any actions or inactions of representatives appointed by the Company nor any breach of conditions, representation and warranties by the representatives appointed 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 representatives of the delivery service.

The Company shall not be liable for any loss, injury or damage to the User on account of use of Products purchased from the Website and the Users are advised to follow necessary safety precautions as outlined with the relevant tool while using the same. Users shall adopt all safety measures to mitigate any harm, risk or adverse effect from irresponsible or improper use of the Products.

16. REPRESENTATION AND WARRANTY

The Company, its affiliates, officers, employees, agents, partners and licensors make no representations or warranty of any kind, express or implied, including but not limited to, that (i) the services of the Website will meet your requirements or set standard of expectations (ii) the services of the Website will be uninterrupted, timely, secure, accurate or error-free; (iii) the results that may be obtained or expect to be obtained from the use of such Services will be accurate or reliable. You agree that any damage that may occur to You, through computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and the Company is not liable for any such damage or loss.

All information, software, products, services and related graphics are provided on this Website is "AS IS" and "AS AVAILABLE" BASIS, with without warranty of any kind, either expressed or implied. The Website disclaims all warranties, expressed or implied including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage or trade practice. Company makes no representation about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services. The Services are provided on best effort basis, without giving any warranty relating to any commitment to perform services at specified time and/or specified date.

Your use of any information or materials on this site or otherwise obtained through use of this Website is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

There may be instances when incorrect information is published inadvertently on our Website or in the Service such as typographical errors, inaccuracies or omissions that may relate to product, descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any errors, inaccuracies or omissions, may be corrected at our discretion at any time and we may change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).

You agree that the Website is not responsible for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the Website is not responsible for any content sent using and/or included in the Website by any third-party.

The Website has not liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority.

You accept all responsibility for, and hereby agree to indemnify and hold harmless the company from and against, any actions taken by you or by any person authorized to use your account, including without limitation, disclosure of password to third parties. By using this Website, you agree to defend, indemnify and hold harmless the indemnified parties from any and all liability regarding your use of the site or participation in any site’s activities. If you are dissatisfied with the Website, or Services or any portion thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.
To the complete extent permissible by the applicable law, Company disclaims all warranties, express or implied, including, but not limited to the warranties of quality, Services on fitness for a particular purpose.

17. GUIDANCE MATERIAL

The Website is not responsible for the quality, authenticity, correctness, accuracy or suitability of such information. The User shall take prior advice and complete precaution of checking validity, correctness of such information. The Website shall not be liable to the User or any third party for taking any decision on the basis of such information.

The Company shall be advertising on various platforms and through various mechanisms about the Services it offers or to be offered in the future, through its Website. Company does not provide or place any warrant, in the event that any terms of the advertisement(s) are in conflict with this Terms of the Website and the contents of this Terms of Use shall supersede any such terms and conditions, as mentioned.

18. FORCE MAJEURE

Without limiting the foregoing, under no circumstances shall the Company, its affiliates, officers, employees, agents, partners and licensors be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Website and Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, government action, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, war, riots, strikes, the inability to obtain sufficient supplies, transportation, shortages of labour, fluctuations in heat, light, fire or air.

19. COMPLIANCE WITH LAWS

Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force), Foreign Contribution Regulation Act, 1976 and the rules made there under, Prevention of Money Laundering Act, 2002 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable respectively for using Payment Facility, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our Services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

20. NOTICE

You agree that we may electronically provide to you required notices, agreements, and other information concerning the Service or Products or Website. If you no longer agree to receive notices electronically, please cease using the Service or Products or Website. All communications made or notices given pursuant to these Terms shall be in English Language. Notices addressing to the Company shall be served by email or by mail to office address. It should be sent to support services at [email protected] or at office address of the Company at 9A, 2nd Floor, 'C' Wing, Greenstone Heritage Building, Palton Road, Opp. Haj House, Crawford Market, Mumbai – 400001.

21. MODIFICATION AND VARIATION

The Company may from time to time and at any time without notice to You, modify these Terms of Use. You agree that the Company has the right to modify these Terms of Use or revise anything contained herein. You further agree that all modifications to these Terms of Use are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of Terms of Use, unless prior versions are specifically referred to or incorporated into the latest modifications or variations of these Terms of Use.

  • a) To the extent any part or sub-part of these Terms of Use is held effective or invalid by any court of law, You agree that the prior, effective version of these Terms of Service shall be considered enforceable and valid to the fullest extent
  • b) You agree to routinely monitor these Terms of Use and refer to the Effective Date posted at the top of these Terms of Use to note modification or variations. You further agree to clear Your cache when doing so to avoid accessing to prior version of these Terms of Use. You agree that Your continuous use of the Website after any modifications to these Terms of Use is a manifestation of Your continued assent to these Terms of Use.
  • c) In the event that you fail to monitor any modifications to or variations of these Terms of Use, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
22. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

23. TERM, TERMINATION AND SUSPENSION

The Company may terminate these Terms of Use with You at any time for any reason, with or without cause. We specifically reserve the right to terminate these Terms of Use if you violate any of the Terms outlined herein , including but not limited to, violating Our intellectual property rights of the by a third party , failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate the Terms of Use at any time by contacting Us and requesting termination. Please keep in mind that any outstanding fees will still be due even after termination of Your account. At the termination of these Terms of Use, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

24. JURISDICTION, VENUE AND GOVERNING LAW

Through Your use of Website or Services, You agree that the laws of the India shall govern the agreement or any matter or dispute relating to or arising out of these Terms of Use, as well as any dispute relating to or arising out of these Terms of Use, as well as dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provision.

If a dispute arises between you and the Company, we strongly encourage you to first contact us directly to seek a resolution. You can contact us at [email protected]

If the Parties are not able to resolve the dispute amicably then the Parties agree to submit to the exclusive jurisdiction of the courts of Mumbai, India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non convenience or similar doctrine.

25. GENERAL PROVISIONS
  • A) You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in the Terms, this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.
  • B) If any court of law, having the jurisdiction to decide on this matter, rules that any provision contained under the Terms are invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid, effective and enforceable.
  • C) No agency, partnership or joint venture has been created between the Parties as a result of these Terms of Use . No Party has any authority to bind the other to third parties.
  • D) Heading of parts and sub-parts under these Terms of Use are for convenience and organisation, only. Headings shall not affect the meaning of any provisions of these Terms of Use.
  • E) The name "Ideal Power Tools" and any related depiction of the images, content displayed on the Website, is product of the Company’s imagination or are used fictitiously and are not to hurt any sentiments or community. Any such resemblance to actual events or locales or persons, living or dead, is purely coincidental and should not be considered derogatory by any individual or any party.
  • F) You acknowledge that the rights granted and obligations made under these Terms of Use to Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm Company and which cannot be replaced by monetary damages alone so that Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
  • G) You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Website or any of Company, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Website or any content or other material used or displayed through the Website, and agree to limit your claims to claims for monetary damages.
  • H) ou hereby agree that if the terms of this Agreement are not followed by you, the Company will be irreparably damaged, and therefore you agree that the Company shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any breach of this Agreement by you, in addition to any other remedies available under Applicable Law.
  • I) We make no representation that any Website is appropriate or available for use in locations outside the Republic of India. If you choose to access the Website from a location outside the Republic of India, you do so on your own initiative and you are responsible for compliance with local laws.
IF YOU DO NOT ACCEPT AND ABIDE BY THESE TERMS, YOU MUST NOT USE THE WEBSITE.