Terms & Conditions

 

These Terms and Conditions (“TnC”) constitute a legal and enforceable agreement between You, the Customer (“You”, “Yours”, or “Yourself” refers to the Customer) of Zeco Aircon Limited (“Zeco”, “We,” “Us,” or “Our”). This website (“Website”) is offered to you by Us, which shows a range of products (“Products”).

 

The following TnC govern Your access and use of this Website. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Website (the “Content“) and to specific content, data, materials, or information you may upload, submit and/or publish to the Website (“User Content”) or transactions concluded through this Website. Such specific terms may be in addition to these TnC or, where and then only to the extent expressly specified, may supersede these TnC.

This document is an electronic record in terms of the Information Technology Act, 2000, and the rules made thereunder as applicable and various other statutes.

Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Website. Please note that by ordering any of our Products, you agree to be bound by these TnC and the other documents expressly referred to in them.

You will be asked to confirm your acceptance of these Terms before being able to place an order. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms, or save them to your computer, for future reference.

 

1.     Acceptance of Terms of Use

 

By accessing or using this Website You agree to be legally bound by the TnC and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Website. If you do NOT agree to all of these terms, you should NOT access or use this Website.

 

If you use or access Our Website, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer or mobile device to prevent unauthorised access to your Account. You agree to accept responsibility for all activities that occur under your Account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. You agree and acknowledge that you will use your account on Our Webiste to make purchases for all lawful reasons only, for your personal use only and not for any business purposes whatsoever. We reserve the right to refuse access to Our Webiste, terminate your Account, remove or edit content at any time without notice to you.

 

We are neither directed at nor targeted at minors. Use of Our Website is available only to such Users who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor as per Indian laws i.e. under eighteen (18) years of age, or under any other legal disability, you may use Our Webiste only with the involvement of a parent or your legal guardian.

 

2.    Modification of Terms

 

These TnC may be amended by Us at any time. Such amended TnC shall be effective upon posting. By continuing to access or use the Website after such posting, You will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions.

 

We reserve the right to discontinue or make changes or updates with respect to the Website or the Content of the Website at any time without notice. We reserve the right to restrict, refuse or terminate access of any person to the Website or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

 

3.    Privacy Policy

 

Personal information provided or collected through or in connection with this Website shall only be used in accordance with Our Privacy Policy and these TnC are subject to the Privacy Policy as posted on this Website.

 

4.    Intellectual Property 

We are the owner or the licensee of all intellectual property rights in Our Website, and in the material published on it. All of those works are protected by copyright and other intellectual property laws and treaties around the world. All rights are reserved to the relevant owner or licensee of those works.

 

You may print off one copy, and may download extracts, of any page(s) from our site for Your personal use and You may draw the attention of others within your organisation to Content posted on our site.

 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

 

You must not use any part of the Content on our site for commercial purposes without obtaining a licence to do so from us.

 

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

5.    Indemnity 

You shall indemnify and hold harmless Zeco, its affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable lawyer’s fee, made by any third party or penalty imposed due to or arising out of your breach of these TnC or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. You hereby expressly release Zeco and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of third parties and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise against Zeco.

 

6.    Limiation of Liability 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

       i.          to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied;

     ii.          we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    iii.          use of, or inability to use, our Website; or

   iv.          use of or reliance on any content displayed on our Website; and

     v.          we will also not be liable for:

a.     loss of profits, sales, business, or revenue;

b.    business interruption;

c.     loss of anticipated savings;

d.    loss of business opportunity, goodwill or reputation; or

e.     any indirect or consequential loss or damage.

 

If you are a consumer user then please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

We assume no responsibility for the Content of Websites linked on our Website. Such links should not be interpreted as endorsement by Us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by Us to you, which are set out in our Website.

 

7.    Products 

The Website may contain references to specific products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local Zeco business contact for further information.

 

8.    Prohibitions 

You may use Our Website only for lawful purposes. You may not use Our Website:

       i.          in any way that breaches the TnC;

     ii.          in any way that breaches any applicable local, national or international law or regulation;

    iii.          in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

    iv.          for the purpose of harming or attempting to harm minors in any way;

     v.          to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;

    vi.          to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or

  vii.          to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

       i.          not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms; and

     ii.          not to access without authority, interfere with, damage or disrupt:

a.     any part of our site;

b.    any equipment or network on which our site is stored;

c.     any equipment or network or software owned or used by any third party.

 

9.    Disclaimer

You acknowledge and undertake that you are accessing Our Website and transacting there at your own risk and are using your best and prudent judgment before entering into any transactions through Our Website. Each and every transaction entered into on Our Website by you amounts to a binding contract and is enforceable against you in case of breach thereof by you. We shall, except where categorically mentioned so, neither be liable nor responsible for any actions or inactions of third parties nor any breach of conditions, representations or warranties by third parties and hereby expressly disclaims and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and any third parties regarding the products/services purchased from Our Website except honoring warranty claims in accordance with the limited warranty provided by Us on all its products/services.

We further expressly disclaims any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose of the products/services listed or displayed or transacted or the Content (including product/services or pricing information and/or specifications) on Our Website. While We have taken precautions to avoid inaccuracies in Content, Website, all Content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.

 

10. Contributor:

By submitting any User Content to the Website, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (1) may be defamatory or injurious to another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organization, (3) may violate any legal rights of any person (including right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity.

 

You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material. You also shall not transmit chain letters, pyramid schemes, surveys and solicitations through the Website. You shall also not forge headers or manipulate identifies or other data in order to disguise the origin of any Content and/or User Content transmitted through our Web Site or to manipulate your presence on the Web Site. You shall not interfere with or disrupt our sites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

 

You affirm, represent and warrant that the User Content submitted to the Website does not infringe any proprietary right of another, such as but not limited to copyright, trademark or patent, or any confidentiality obligation.

 

You acknowledge and agree that any of your ideas, submissions or discussions or any other User Content provided by you within the Web Site that is not the subject of intellectual property right protection may be used by any other contributor without compensation or attribution.

 

You hereby grant to Zeco, its subsidiaries, affiliates, brand licensees and other partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish User Content provided by you, on this Website or any other Zeco website or in other Zeco marketing or public relations materials in any and all media.

 

You shall be solely responsible for your own User Content and the consequences of posting submitting and/or publishing it. We may, but is not obligated to, review and monitor, before and/or after submitting User Content. However, you acknowledge that it is impossible for us to monitor or review all User Content. Without limitation, Zeco, its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties on the Website.

 

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Zeco expressly disclaims any and all liability in connection with User Content.

 

We have the sole right and ability to edit and/or remove messages or any other User Content which are objectionable, improper or otherwise in breach of these TnC for any reason at any time without notice or consent and at its sole discretion. Any user who believes that submitted User Content is objectionable or improper is encouraged to contact Us immediately by e-mail receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular User Content immediately.

 

11.  Warranty Details 

All products are covered by a 1 year limited warranty (terms and conditions apply). For full details of your Product warranty, click here.

 

12. Third Party Content 

We are in no way responsible for the content of any site owned by a third party that may be linked to the Website via hyperlink, whether or not such hyperlink is provided by the Website or by a third party in accordance with the TnC. Any link on our Website to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Website may link, and we take no responsibility therefore.

 

13. Miscellaneous

       i.    These TnC, Privacy Policy and any other policies governing usage of the Webiste make up the entire agreement between You and Us regarding Our Website, and supersede any prior agreements.

     ii.       We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these TnC.

    iii.      Any amendment to or waiver of our TnC requires our express consent.

   iv.      All of Our rights and obligations under Our TnC are freely assignable by Us to any of Our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and We may transfer Your information to any of Our affiliates, successor entities, or new owner.

     v.         You will not transfer any of Your rights or obligations under Our Terms to anyone else without Our prior written consent.

   vi.        If We fail to enforce any of Our TnC, it will not be considered a waiver of any provision of these TnC.

  vii.      While We appreciate Your feedback or other suggestions about the Services, but You understand that We may use Your feedback or suggestions without any obligation to compensate you for them.

viii.    Each of the paragraphs of these TnC operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect

   ix.       If we fail to insist that you perform any of your obligations under these TnC, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you

     x.     If You use our Website, You shall ensure information such as email address, mobile number, address are updated and current and in case any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not following this TnC and Privacy Policy, We shall have the right to cancel the purchase made by You.

   xi.      We will make best efforts to provide alerts via SMS and/or e-mail and it shall be deemed that You shall have received the information sent from Us on the mobile phone number or e-mail id.

  xii.     The courts of Gurugram, Haryana, India shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these TnC, a Contract, or its subject matter or formation (including non-contractual disputes or claims).

 

14.           Grievance Officer

 

In case of any grievance arising from the use of Our Website, please contact the Grievance Officer, the details of which are set forth below.

Name: M. Sharan Mishra

Email ID: customercare@o2cure.in