General Terms of Use

General Terms of Use

These General Terms of Use (“General Terms“), along with any applicable Additional Terms and the Returns and Cancellation terms (collectively “Terms“) govern your use of our website, customer support and services & products (collectively “Services”) and are subject to change by HATCO INDUSTRIES (HTC Instrument) without prior notice at any time. If you have entered into another agreement with us concerning specific Services, then the terms of that agreement control where it conflicts with the Terms. By entering into an e-commerce transaction to purchase any Services through the Website, You affirm that You have reviewed these General Terms prior to purchasing such Product. Any changes to these General Terms will be in effect as of the “Last Updated Date” referenced on the Site. Your continued use of the Site after the “Last Updated Date” will constitute Your acceptance of and agreement to any such changes As discussed more in section 4 below, you retain all rights and ownership you have in your Content (defined below).

By placing an order for the services from this website, You affirm that you are of legal age i.e. 18 years to enter into this e-commerce transaction, and accepts to be bound by these General terms.

1. Your Agreement with HTC Instruments.

a.Choice of Law and Contracting Entity. Irrespective of your place of residence the Laws of India shall apply.

 

b.Additional Terms. Our Services are licensed, not sold, to you and may also be subject to one or more of the additional terms below (“Additional Terms“). If there is any conflict between the terms in the General Terms and the Additional Terms, then the Additional Terms govern in relation to that Service or Website. The Additional Terms are subject to change.

2.Privacy.

a.For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy at privacy and data

b.Our Access to Your Content. Where permitted by law, we will only access, view or listen to your Content (defined below) in limited ways. For example, in order to perform the Services, we may need to access, view or listen to your Content to (a) respond to support requests; (b) detect, prevent or otherwise address fraud, security, unlawful or technical issues; and (c) enforce the Terms. Our automated systems may analyse your Content using techniques such as machine learning. This analysis may occur when the Content is sent, received or stored. From this analysis, we are able to improve the Services.

3.Use of Services.

a.Licence

Subject to your compliance with the Terms and the law, you may access and use the Services.

b.Intellectual Property

We (and our licensors) remain the sole owners/ licensors of all right, title and interest in the Services. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect to the items in the Services or Website. We reserve all rights not granted under the Terms.

c.Tooling and Data

HTC Instruments owns all rights to all specifications, drawings, engineering instructions, data, material, equipment, Website, processes, facilities and tooling, including, but not limited, to jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, manufacturing aids and replacements items, now existing or hereafter created, except to the extent that title is specifically transferred in writing from HTC Instruments to You or any third party.

d.User-Generated Content. We may host user-generated content from our users. If you access our Services, you may come across user-generated content that you find offensive or upsetting. Your sole remedy is to stop viewing the content. If available, you may also click the “Report” button to report the offensive user-generated content to us.

4.Your Content.

a.Content

Content” means any material such as electronic documents or images that you upload and import into the Services in connection with your use of the Services.

b.Ownership

You retain all rights and ownership of your Content. We do not claim any ownership rights to your Content.

 c.Licences to Your Content in Order to Operate the Services. 

We require certain licences from you to your Content in order to operate and enable the Services. When you upload Content to the Services, you grant us a nonexclusive, worldwide, royalty-free, sub licensable and transferable licence to use, reproduce, publicly display, distribute, modify (so as to better showcase your Content, for example), publicly perform and translate the Content as needed in response to user driven actions (such as when you choose to privately store or share your Content with others). This licence is only for the purpose of operating or improving the Services.

d.Sharing Your Content.

i.Sharing.

Some Services may provide features that allow you to Share your Content with other users or to make it public. “Share” means to email, post, transmit, upload or otherwise make available (whether to us or other users) through your use of the Services and Website. Other users may use, copy, modify or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share.

ii.Level of Access.

We do not monitor or control what others do with your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. If you do not choose the access level to apply to your Content, the system may default to its most permissive setting. It is your responsibility to let other users know how your Content may be shared and to adjust the setting related to accessing or sharing your Content.

iii.Comments

The Services may allow you to comment on Content. Comments are not anonymous and may be viewed by other users. Your comments may be deleted by you, other users or us.

e.Feedback.

You have no obligation to provide us with ideas, suggestions or proposals (“Feedback”). If you submit Feedback to us however, then you grant us a non-exclusive, worldwide, royalty-free, sub licensable and transferable licence to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify and publicly perform the Feedback

5.Payment

The Payment shall be made only through online portals or through debit cards or credit cards. The option for cash on delivery is not available. Only upon the payment for the order, the order will be confirmed from our end.

 6.Prices

The prices, discounts, and promotions posted on this website are subject to change without notice. The price charged for a Product/ Services will be the price advertised on this website at the time the Order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in the Order confirmation email. Prices will exclude Taxes and shipping costs. All such Taxes and shipping costs will be added to the total price and will be itemized in the shopping cart and in the Order confirmation email. Prices include standard packing for domestic shipment and are subject to an increase equal in amount to any Tax HTC Instruments may be required to collect or pay upon the production or sale of Products covered hereby. HTC Instruments reserves the right to correct any inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability at any time, and to cancel any Orders arising from such occurrences.

7.Delivery

HTC Instruments will deliver the Products in accordance with its standard lead-time for the Products being ordered. Products will be shipped according to the weight of the Product and according to any customisation by the customer. HTC Instruments makes no warranty or guaranty as to the amount of time it will take to deliver the Products. While HTC Instruments will endeavour to meet the agreed to delivery date, it will not be liable for any loss or damage (including any loss of use or loss of profits) incurred by You as a result of any failure to deliver on a particular date. Risk of loss and title to the Products will pass to You upon delivery of the Products at your respective address. HTC Instruments reserves the right to impose additional charges for any special routing, packing, labelling, handling or insurance requested by Buyer.

HTC Instruments will consider the Order as “Executed” in the following cases”

i.Delivery not done due to wrong address given by the customers.

ii.Non-availability of the receipts at the address.

iii.Premises locked.

iv.Wrong phone number or phone not working or switched off or not reachable, when tried by the delivery agent of HTC Instruments.

v.Addressee refused to accept the Products.

vi.Delivered the product at the security cabin of the building/ Reception/Neighbour, bases on the instructions from the customer.

vii.In case of civil disturbances, floods, Heavy Rains, National Bandh or in happening any other force majeure event, we reserve the right to cancel the order or reschedule the delivery to another date.

viii.Requests for cancellation of confirmed order can be made up to 72 hours

8.Account Information.

You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorised use of your account. You may not (a) Share your account information (except with an authorised account administrator); or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services and Website. We reserve the right to monitor and enforce subscription plan limits and restrictions, including, but not limited to, the right to charge for overages.

9.User Conduct.

a.Responsible Use.

HTC Instruments often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services responsibly.

b.Misuse. You must not misuse the Services. For example, you must not:

i.copy, modify, host, stream, sublicense or resell the Services;

ii.enable or allow others to use the Services using your account information;

iii.use of our Website to construct any kind of database;

iv.access or attempt to access the Services or Website by any means other than the interface we provide or authorise;

v.circumvent any access or use restrictions put into place to prevent certain uses of the Services or Website;

vi.share Content or engage in behaviour that violates anyone’s intellectual property rights (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity and any other proprietary rights);

vii.upload or share any Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, lewd, profane, invasive of another’s privacy or hateful;

viii.impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

ix.attempt to disable, impair or destroy the Services and the Website;

x.upload, transmit, store or make available any Content or code that contains any viruses, malicious code, malware or any components designed to harm or limit the functionality of the Services or the Website;

xi.disrupt, interfere with or inhibit any other user from using the Services or the Website (such as stalking, intimidating or harassing others, inciting others to commit violence or harming minors in any way);

xii.engage in chain letters, junk mails, pyramid schemes, phishing, spamming or other unsolicited messages;

xiii.place an advertisement of any products or services in the Services except with our prior written approval;

xiv.use any data mining or similar data gathering and extraction methods in connection with the Services; or

xv.Violate applicable law.

10.Fees and Payment.

a.Taxes and Third-Party Fees. You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. If you are located in a different country that you are transacting with, your payments will be made to a foreign entity.

b.Credit Card Information. If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programmes supported by your card provider to try to update your payment information. You authorise us to continue billing your account with the updated information that we obtain.

11.Your Warranty and Indemnification Obligations.

a.Warranty. Please refer to the Warranty Policy.

b.Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim, demand, loss or damage, including reasonable solicitors’ fees, arising out of or related to your Content, your use of the Services or Website or your violation of the Terms.

12.Disclaimers of Warranties.

a.Unless stated in the Additional Terms, the Services and Website are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Website will meet your requirements or will be constantly available, uninterrupted, timely, secure or error-free; (b) the results obtained from the use of the Services or Website will be effective, accurate or reliable; (c) the quality of the Services or Website will meet your expectations; or (d) any errors or defects in the Services or Website will be corrected.

b.We specifically disclaim all liability for any actions resulting from your use of any Services or Website. You may use and access the Services or Website at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service or Website.

c.If you post your Content on our servers to publicly Share through the Services, we are not responsible for: (a) any loss, corruption or damage to your Content; (b) the deletion of Content by anyone other than Adobe; or (c) the inclusion of your Content by third parties on other websites or other media.

13.Limitation of Liability.

a. Unless stated in the Additional Terms, we are not liable to you or anyone else for any loss of use, data, goodwill or profits, whatsoever and any special, incidental, indirect, consequential or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages), including losses and damages (a) resulting from loss of use, data or profits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (c) arising from any other claim arising out of or in connection with your use of or access to the Services or Website. Nothing in the Terms limits or excludes our liability for gross negligence, for our or our employees’, intentional misconduct or for death or personal injury.

b. Our total liability in any matter arising out of or related to the General Terms is limited to the aggregate amount that you paid for access to the Service and website. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable and whether a party has been advised of the possibility of the claim or loss.

c. The limitations and exclusions in this section apply to the maximum extent permitted by law.

14.Termination

a. Termination by You.

You may stop using the Services and Website at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.

b. Termination by Us.

If we terminate the Terms or your use of the Service(s) for reasons other than for cause, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your Content. Unless stated in any Additional Terms, we may, at any time, terminate your right to use and access the Services or Website if:

i. you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to or are unable to, comply with the Terms);

ii.you fail to make the timely payment of fees for the Services or Website, if any

iii.you materially breach any provision of the Terms and (i) the breach cannot be corrected; or (ii) we notify you of the breach and you fail to correct it within 8 days of the notice;

iv. you physically, verbally or through other means abuse, threaten, bully or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services or Website);

v. you have repeatedly made complaints in bad faith or without a reasonable basis and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services or Website);

vi.we are required to do so by law (for example, where the provision of the Services or Website to you is or becomes, unlawful);

vii.we elect to discontinue the Services or Website, in whole or in part (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or

vii.there has been an extended period of inactivity in your free account.

c. Survival
Upon the expiration or termination of the Terms, some or all of the Services and Website may cease to operate without prior notice. Any perpetual licences you have will continue in full force and effect, however. Your indemnification obligations, our warranty disclaimers or limitations of liabilities and dispute resolution provisions stated in the Terms will survive.

15. Investigations.

a. Screening.

We do not review all content uploaded to the Services or Website, but we may use available technologies, vendors or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behaviour (for example, patterns of activity that indicate spam or phishing or keywords that indicate adult content has been posted outside of the adult wall).

b. Disclosure.

We may access or disclose information about you or your use of the Services or Website: (a) when it is required by law (such as when we receive a valid summons or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property or personal safety of us, our users or the public.

16. Trade Control Laws.

The Services or Website and your use of the Services and Website, are subject to Indian and international laws, restrictions and regulations that may govern the import, export and use of the Services and Website. You agree to comply with all the laws, restrictions and regulations.

17. Dispute Resolution.

Process.

If you have any concern or dispute, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, any resulting legal actions must be resolved through final and binding arbitration, except that you may assert claims in civil courts if you qualify.

18. Injunctive Relief.

Notwithstanding the foregoing, in the event of your or others’ unauthorised access to or use of the Services or Website Website in violation of the Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

19. Updates and Availability.

a. Updates to the General Terms and Additional Terms.
We may modify these General Terms, any Additional Terms or Returns and Cancellation terms, for example, to reflect changes to the law or changes to our Services or Website. You should look at the Terms regularly. We will post notice of modifications to these General Terms and Additional Terms on this page. By continuing to use or access the Services or Website after the revisions are in effect, you agree to be bound by the revised Terms.

b. Updates to the Services and Website.
We may modify, update or discontinue the Services or Website (including any portions or features) at any time, without liability to you or anyone else. However, for changes to paid offerings, we will make reasonable efforts to notify you of the modification, update or discontinuation. If we discontinue the Services or Website in its entirety, we will also allow you a reasonable time to download your Content and we may provide you with a pro rata refund for any unused fees for that Service or Website that you prepaid.

c. Availability.
Webpages describing the Services are accessible worldwide, but this does not mean all Services or service features are available in your country or that user-generated content available via the Services is legal or available in your country. Access to certain Services (or certain Service features, Sample Files or Content Files) in certain countries may be blocked by us or foreign governments. It is your responsibility to make sure your use of the Services is legal or available where you use them. Services are not available in all languages.

20 No Modifications, Reverse Engineering.

Except as expressly permitted in the Terms, you may not (a) modify, port, adapt or translate any portion of the Services or Website; or (b) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or any portion of any Service or Website. If the laws of your jurisdiction give you the right to decompile the Website to obtain information necessary to render the licensed portions of the Services or Website interoperable with other website, you must first request such information from us. We may, in our discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on your decompilation of the Services or Website to ensure that our and our suppliers’ proprietary rights in the Services and Website are protected.

21. Miscellaneous.

a. English Version.
The English version of the Terms will be the version used when interpreting or construing the Terms.

b. Notice to HTC Instruments.
You may send notices to us at the following address: HATCO INDUSTRIES , Hazari House , 197/201 DR.C.W.J Street ,Dhobi Talao, Kalbadevi , Mumbai, India -400 002.

c. Notice to You.
We may notify you by email, postal mail, postings within the Services or other legally accepted means.

d. Non-Assignment.
You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under the Terms to a third party.

e. Headings.
Headings used in these General Terms or Additional Terms are provided for convenience only and will not be used to construe meaning or intent.

f. Severability.
If any provision of these General Terms or any Additional Terms is held invalid or unenforceable for any reason, the General Terms and any Additional Terms will continue in full force and effect.

g. No Waiver.
Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision

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