Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and Rules made there under as applicable and 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,
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR AVAILING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of the website owned by MADPHOTON PRIVATE LIMITED (“MadPhoton”). Here website means www.madphoton.com (the "Website"). This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. MadPhoton reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. MadPhoton encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with MadPhoton for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
Terms of Offer: This Website offers for sale certain products/services. By placing an order for availing the services or buying any products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call centre reps or direct MadPhoton sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from MadPhoton
and it's designated in-house or third party call team(s).
Opt Out Procedure: We provide 2 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending written request by writing to us email@example.com.
You agree to bear all applicable taxes, charges cess etc. levied on the services being rendered to you as notified by the Central/State Govt. time to time, unless already included in the price offered.
Content; Intellectual Property; Third Party Links: In addition to making Products/services available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. MadPhoton does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that MadPhoton does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. MadPhoton does not endorse the contents on any such third-party websites. MadPhoton is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website: MadPhoton is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding
intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (4) not defame, harass, abuse, or disrupt other users of the Website.
License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or
information without express written authorization from MadPhoton or the applicable third party (if third party content is at issue).
Posting: By posting, storing, or transmitting any content on the Website, you hereby grant MadPhoton a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any
form, in all media now known or hereinafter created, anywhere in the world. MadPhoton does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. MadPhoton is not liable for any damage or harm resulting from any posts by or interactions between users. MadPhoton reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content MadPhoton deems objectionable.
IV. DISCLAIMER OF WARRANTIES
Your usage of this website and/or products/services is at your sole risk. The website and products/services are offered on an "as is" and "as available" basis. MadPhoton expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose and non-infringement with respect to the products/services or website content, or any reliance upon or use of the website content or products/services. (including trial products/services)
Without limiting the generality of the foregoing, MadPhoton makes no warranty:
That the information provided on this website is accurate, reliable, complete, or timely.
That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
As to the results that may be obtained from the use of the products/services or that defects in products/services will be corrected.
Regarding any products purchased or services availed through the website.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
V. LIMITATION OF LIABILITY
MadPhoton’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website’s content and products/services and/or for any breach of this agreement is solely limited to the amount you paid, purchased/availed via the website.
MadPhoton will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products/services in any manner, including liabilities resulting from
(1) the use or the inability to use the website content or products/services; (2) the cost of procuring substitute products/services or content; (3) any transactions entered into through the website; or (4) any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
You will release, indemnify, defend and hold harmless MadPhoton, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising
out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or
entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to MadPhoton. When MadPhoton is threatened with suit or sued by a third party, MadPhoton may seek written assurances from you concerning your promise to indemnify MadPhoton; your failure to provide
such assurances may be considered by MadPhoton to be a material breach of this Agreement. MadPhoton will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of MadPhoton choice at its expense. MadPhoton will
reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend MadPhoton against any claim, but you must receive MadPhoton prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VII. AGREEMENT TO BE BOUND
By using this Website or ordering Products/Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure: MadPhoton will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: MadPhoton may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products/Services.
Entire Agreement: This Agreement comprises the entire agreement between you and MadPhoton and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of MadPhoton to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction: This Website originates from the Gurugram, Haryana. This Agreement will be governed by the laws of the State of Haryana without regard to its conflict of law principles to the contrary. Neither you nor MadPhoton will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Haryana. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products/Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: by entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Termination: MadPhoton reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and MadPhoton may, in its sole discretion and without advance notice to you, cancel any outstanding orders for
Products/Services. If your access to the Website is terminated, MadPhoton reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until MadPhoton chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use: MadPhoton makes no representation that the Website or Products/Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this Agreement to anyone. MadPhoton may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS/SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.