Terms of Service

OVERVIEW 

This website is operated by Webcap Technology LLP. Throughout the site, the terms “we”,  “us” and “our” refer to Webcap Technology. Webcap Technology offers this website, including  all information, tools and services available from this site to you, the user, conditioned upon your  acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and  agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including  those additional terms and conditions and policies referenced herein and/or available by  hyperlink. These Terms of Service apply to all users of the site, including without limitation  users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By  accessing or using any part of the site, you agree to be bound by these Terms of Service. If you  do not agree to all the terms and conditions of this agreement, then you may not access the  website or use any services. If these Terms of Service are considered an offer, acceptance is  expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the  Terms of Service. You can review the most current version of the Terms of Service at any time  on this page. We reserve the right to update, change or replace any part of these Terms of  Service by posting updates and/or changes to our website. It is your responsibility to check this  page periodically for changes. Your continued use of or access to the website following the  posting of any changes constitutes acceptance of those changes. 

SECTION 1 – ONLINE STORE TERMS 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in  your state or province of residence, or that you are the age of majority in your state or province  of residence and you have given us your consent to allow any of your minor dependents to use  this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of  the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information), may be transferred  unencrypted and involve (a) transmissions over various networks; and (b) changes to conform  and adapt to technical requirements of connecting networks or devices. Credit card information  is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use  of the Service, or access to the Service or any contact on the website through which the service  is provided, without express written permission by us. 

The headings used in this agreement are included for convenience only and will not limit or  otherwise affect these Terms. 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on this site is not accurate, complete or  current. The material on this site is provided for general information only and should not be  relied upon or used as the sole basis for making decisions without consulting primary, more  accurate, more complete or more timely sources of information. Any reliance on the material on  this site is at your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not  current and is provided for your reference only. We reserve the right to modify the contents of  this site at any time, but we have no obligation to update any information on our site. You agree  that it is your responsibility to monitor changes to our site. 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content  thereof) without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension  or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES 

Certain products or services may be available exclusively online through the website. These  products or services may have limited quantities and are subject to return or exchange only  according to our Return Policy. 

We have made every effort to display as accurately as possible the colors and images of our  products that appear at the store. We cannot guarantee that your computer monitor’s display of  any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any  person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products or services that we offer. All  descriptions of products or product pricing are subject to change at anytime without notice, at  the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer  for any product or service made on this site is void where prohibited. 

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 in the Service will  be corrected. 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit  or cancel quantities purchased per person, per household or per order. These restrictions may  include orders placed by or under the same customer account, the same credit card, and/or  orders that use the same billing and/or shipping address. In the event that we make a change to  or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/ phone number provided at the time the order was made. We reserve the right to limit or prohibit  orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

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 card numbers and expiration dates, so that we can  complete your transactions and contact you as needed. 

SECTION 7 – OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any  control nor input. 

You acknowledge and agree that we provide access to such tools ”as is” and “as available”  without any warranties, representations or conditions of any kind and without any endorsement. 

We shall have no liability whatsoever arising from or relating to your use of optional third-party  tools. 

Any use by you of optional tools offered through the site is entirely at your own risk and  discretion and you should ensure that you are familiar with and approve of the terms on which  tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the website (including,  the release of new tools and resources). Such new features and/or services shall also be  subject to these Terms of Service. 

SECTION 8 – THIRD-PARTY LINKS 

Certain content, products and services available via our Service may include materials from  third-parties. 

Third-party links on this site 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. 

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without  a request from us you send creative ideas, suggestions, proposals, plans, or other materials,  whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that  we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise  use in any medium any comments that you forward to us. We are and shall be under no  obligation (1) to maintain any comments in confidence; (2) to pay compensation for any  comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole  discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or  otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright,  trademark, privacy, personality or other personal or proprietary right. You further agree that your  comments will not contain libelous or otherwise unlawful, abusive or obscene material, or  contain any computer virus or other malware that could in any way affect the operation of the  Service or any related website. You may not use a false e-mail address, pretend to be someone  other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. 

You are solely responsible for any comments you make and their accuracy. We take no  responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 10 – PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy.  

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our site or in the Service that contains typographical  errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions,  offers, product shipping charges, transit times and availability. We reserve the right to correct  any errors, inaccuracies or omissions, and to 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). 

We undertake no obligation to update, amend or clarify information in the Service or on any  related website, including without limitation, pricing information, except as required by law. No  specified update or refresh date applied in the Service or on any related website, should be  taken to indicate that all information in the Service or on any related website has been modified  or updated. 

SECTION 12 – PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from  using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or  participate in any unlawful acts; (c) to violate any international, federal, provincial or state  regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual  property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,  defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,  religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading  information; (g) 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 Service or of any related  website, other websites, or the Internet; (h) to collect or track the personal information of others;  (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral  purpose; or (k) to interfere with or circumvent the security features of the Service or any related  website, other websites, or the Internet. We reserve the right to terminate your use of the  Service or any related website for violating any of the prohibited uses. 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted,  timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of the service will be  accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or  cancel the service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The  service and all products and services delivered to you through the service are (except as  expressly stated by us) provided ‘as is’ and ‘as available’ 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, durability, title, and non-infringement. 

In no case shall Webcap Technology, 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 any of the service or any products procured using  the service, 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.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for  consequential or incidental damages, in such states or jurisdictions, our liability shall be limited  to the maximum extent permitted by law. 

SECTION 14 – INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Webcap Technology 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 breach of these Terms of Service or the documents they incorporate by reference, or your  violation of any law or the rights of a third-party. 

SECTION 15 – SEVERABILITY 

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other  remaining provisions. 

SECTION 16 – 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 of Service are effective unless and until terminated by either you or us. You may  terminate these Terms of Service at any time by notifying us that you no longer wish to use our  Services, or when you cease using our site. 

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

SECTION 17 – ENTIRE AGREEMENT 

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

These Terms of Service and any policies or operating rules posted by us on this site or in  respect to The Service constitutes the entire agreement and understanding between you and us  and govern your use of the Service, 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 of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against  the drafting party. 

SECTION 18 – GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall  be governed by and construed in accordance with the laws of India and jurisdiction of Jaipur,  Rajasthan 

SECTION 19 – CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time at this page. 

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

SECTION 20 – CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at info@webcaptechnology.com 

PRIVACY STATEMENT 

SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION? 

When you purchase something from our store, as part of the buying and selling process, we  collect the personal information you give us such as your name, address and email address. 

When you browse our store, we also automatically receive your computer’s internet protocol (IP)  address in order to provide us with information that helps us learn about your browser and  operating system. 

Email marketing (if applicable): With your permission, we may send you emails about our store,  new products and other updates. 

SECTION 2 – CONSENT 

How do you get my consent? 

When you provide us with personal information to complete a transaction, verify your credit  card, place an order, arrange for a delivery or return a purchase, we imply that you consent to  our collecting it and using it for that specific reason only. 

If we ask for your personal information for a secondary reason, like marketing, we will either ask  you directly for your expressed consent, or provide you with an opportunity to say no. 

How do I withdraw my consent? 

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you,  for the continued collection, use or disclosure of your information, at anytime, by contacting us  at info@webcaptechnology.com or mailing us at: 632, Avior Corporate Park, LBS Marg,  Mulund West, Mumbai – 400080, Maharashtra, India.

SECTION 3 – DISCLOSURE 

We may disclose your personal information if we are required by law to do so or if you violate  our Terms of Service. 

SECTION 4 – PAYMENT 

We use Razorpay for processing payments. We/Razorpay do not store your card data on their  servers. The data is encrypted through the Payment Card Industry Data Security Standard (PCI DSS) when processing payment. Your purchase transaction data is only used as long as is  necessary to complete your purchase transaction. After that is complete, your purchase  transaction information is not saved. 

Our payment gateway adheres to the standards set by PCI-DSS as managed by the PCI  Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American  Express and Discover. 

PCI-DSS requirements help ensure the secure handling of credit card information by our store  and its service providers. 

For more insight, you may also want to read terms and conditions of razorpay on https:// razorpay.com 

SECTION 5 – THIRD-PARTY SERVICES 

In general, the third-party providers used by us will only collect, use and disclose your  information to the extent necessary to allow them to perform the services they provide to us. 

However, certain third-party service providers, such as payment gateways and other payment  transaction processors, have their own privacy policies in respect to the information we are  required to provide to them for your purchase-related transactions. 

For these providers, we recommend that you read their privacy policies so you can understand  the manner in which your personal information will be handled by these providers. 

In particular, remember that certain providers may be located in or have facilities that are  located a different jurisdiction than either you or us. So if you elect to proceed with a transaction  that involves the services of a third-party service provider, then your information may become  subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. 

Once you leave our store’s website or are redirected to a third-party website or application, you  are no longer governed by this Privacy Policy or our website’s Terms of Service.  

Links 

When you click on links on our store, they may direct you away from our site. We are not  responsible for the privacy practices of other sites and encourage you to read their privacy  statements.

SECTION 6 – SECURITY 

To protect your personal information, we take reasonable precautions and follow industry best  practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or  destroyed. 

SECTION 7 – COOKIES 

We use cookies to maintain session of your user. It is not used to personally identify you on  other websites. 

SECTION 8 – AGE OF CONSENT 

 By using this site, you represent that you are at least the age of majority in your state or  province of residence, or that you are the age of majority in your state or province of residence  and you have given us your consent to allow any of your minor dependents to use this site. 

SECTION 9 – CHANGES TO THIS PRIVACY POLICY 

We reserve the right to modify this privacy policy at any time, so please review it frequently.  Changes and clarifications will take effect immediately upon their posting on the website. If we  make material changes to this policy, we will notify you here that it has been updated, so that  you are aware of what information we collect, how we use it, and under what circumstances, if  any, we use and/or disclose it. 

If our store is acquired or merged with another company, your information may be transferred to  the new owners so that we may continue to sell products to you. 

Refund Policy 

You agree to pay all amounts due for services at the time you place the request for the same on  the website and further, No payments made to us directly through the website or indirectly is  refundable at any given point of time. 

QUESTIONS AND CONTACT INFORMATION 

If you would like to: access, correct, amend or delete any personal information we have about  you, register a complaint, or simply want more information contact our Privacy Compliance  Officer at info@webcaptechnology.com or by mail at 632, Avior Corporate Park, LBS Marg,  Mulund West, Mumbai – 400080, Maharashtra, India. 

Updated on 30th Dec. 2021

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