Terms & Conditions
TERMS AND CONDITIONS
The terms "We" / "Us" / "Our"/”Company” individually and collectively refer to PALAS Software Pvt Ltd and the terms "Visitor” ”User” refer to the users.
This page states the Terms and Conditions under which you (Visitor) may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.
USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.
ACCEPTABLE WEBSITE USE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation,
(1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access,
(2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation,
(3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or
(4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material
(a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation,
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or
(c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of palas-india.com or their breach of the terms .
User agrees that neither PALAS nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if PALAS has been advised of the possibility of such damages.
User further agrees that PALAS shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that PALAS shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to PALAS, if any, that is related to the cause of action.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
Because our products are digital software, delivered instantly once payment is received, and are available to try before you buy, our customers should test the products before buying them and determine that:
- It is the correct software to help them with their tasks
- It runs correctly on their computer and is compatible with their operating system
- In case of Language other than English, they are tested with their native language edition and found ok
For these reasons we offer no refunds as a matter of policy.
However exceptions are made under the following circumstances (if reported to us within 30 days from date of purchase):
(1) The software appears to be not as described and/or
(2) The customer is experiencing a problem or bug with the software that cannot be solved by our developers in less than 3 business days. In such cases, we'll issue a full refund of your purchase within 10 days of your lodging a request in writing with your declaration that you will completely uninstall the software and delete all copies of Installation files. No requests for refunds will be accepted (for any reason whatsoever) after 30 days from date of purchase.
(3) Refund amount is limited to the Actual cost of the purchase and will not cover notional loose.
Refunds will not be honored on license names that were provided incorrectly during purchasing nor can it be changed at time of renewing.
Product Availability and Limitations
Given the popularity and/or supply constraints of some of our products, PALAS may have to limit the number of products available for purchase. Trust us, we’re building them as fast as we can. PALAS reserves the right to change quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when PALAS confirms your order but subsequently learns that it cannot supply the ordered product. In the event we cannot supply a product you ordered, PALAS will offer an alternative or cancel the order and refund your purchase price / advance payment, if any, in full.
The invoice is issued by Palas Software Pvt Ltd, a company incorporated under the Companies Act, 1956, having its registered office at B-39 Kailash Colony, New Delhi 110048 (hereinafter referred to as the “Supplier”) which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its affiliates, successors, liquidators and permitted assigns);
The name mentioned under “Invoice To” is the name of the customer to whom the material has been sold (hereinafter referred to as the “Buyer”) which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its affiliates, successors, liquidators and permitted assigns). This is irrespective of any name mentioned under “Ship To”.
All payments are to be made by means of RTGS/NEFT/Cheque/online in favour of Palas Software Pvt Ltd for 100% of the value in advance upon placement of order.
Interest @ 18% per annum will be charged on delayed payments.
Transit insurance is to be borne by the buyer. The supplier shall not be held liable for loss or damage of goods in transit.
Sales Tax and transit levies such as Octroi, Entry Tax, GST shall be payable as extras at actuals. The buyer will be required to submit the prescribed Sales Tax Forms on demand. Non-submission of prescribed forms in time will render the buyer liable to pay any additional tax, fine, or interest levied by the sales tax authorities.
“3M”, “MicroTouch”, “ClearTek”,”TouchTek”,”Sankyo”, are registered trademarks of products for which the supplier is the distributor in India. Any unauthorized use of the Trademarks by the Buyer shall render the user liable to legal action.
Since the products are of foreign origin, the Buyer undertakes not to resell the products delivered by the Supplier to any country where the sale of such products are prohibited by Indian or European or USA law. The Buyer agrees to indemnify and keep indemnified the Seller in the event of any claims, losses, demands etc. arising directly or indirectly from such resale.
(a) Standard warranty is one year from date of Invoice. Extended warranty is available on some products if agreed to in writing between seller and buyer prior to the date of Invoice.
(b)The warranty extends only to repair of parts failing from causes other than improper handling or use. Breakage, damage, surface scratches, failure because of wrong electrical connections, high temperature use, liquid entry, harsh cleaning agents, voltage fluctuations,poor quality power, etc. are not covered by any warranty. Supplier’s decision on cause of failure and age of product will be final and binding.
(c) Supplier provides a limited warranty on a “carry-in” basis, which extends only to touchscreens, controllers and supplied printers only, while third party products such as PC and monitors are not included.Warranty duration varies on model. Warranty procedures are given in warranty certificate.
(d) Complaints will be initially attended by the Buyer, and if they cannot be redressed by typical procedures, the defective equipment may be conveyed to any of the centres of the Supplier in Mumbai or Delhi.
(e) Subject to Clause (a-c), a defective product will be repaired/replaced at the earliest, free of cost, within the warranty period.
(f) To and fro freight charges shall be borne by the Supplier in case of defective product and by the Buyer in the case of a defective monitor, subject to Clause (a)
(g)In case of re-sale or change of location of the product, the details of the end-user have to be registered with the Supplier by the Buyer for the warranty to remain effective.
Any contract to sell may be terminated by the Supplier without notice if the Buyer is found in default of the terms and conditions of these Sales Terms. In the event of termination, the Buyer shall not be absolved of the liability to make the balance payment under this invoice.
The Supplier shall not be liable for repair of parts failing due to breakage, damage, wrong electrical connections, or other terms of improper handling or faulty use.
The Supplier shall not be liable for any delay or failure by it to supply if such delay is caused by Force Majeure for purposes hereof. “Force Majeure” includes breakdown of software, disruptions caused by viruses, mechanical breakdown, accident, strikes, fire, explosion, war, Acts of God, Acts of Government, which includes the Governments of the United States and India.
Any dispute arising in connection with these Sales Terms, including a dispute relating to the validity of these Sales Terms, which cannot be settled by mutual or amicable Agreement shall be finally settled by Arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. Each party shall be entitled to nominate their Arbitrator and the two arbitrators so appointed shall nominate an Umpire. The award resulting from such arbitration shall be final and binding on the parties.
The applicable law will be Indian law and the venue of arbitration shall be New Delhi.
All disputes arising out of these Sales Terms regarding sale of material listed overleaf by the Supplier shall be subject to the jurisdiction of courts in Delhi.
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