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Sales Terms and Conditions
THE JTOPTICS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE JTOPTICS WEBSITES IS WITH YOU. EXCEPT AS OTHERWISE STATED IN THESE TERMS, SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT HP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. JTOPTICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE JTOPTICS WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JTOPTICS MAKES NO WARRANTY THAT THE JTOPTICS WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE JTOPTICS WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE JTOPTICS WEBSITES WILL BE CORRECTED. JTOPTICS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE JTOPTICS WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE JTOPTICS WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE JTOPTICS WEBSITES OR FROM HP, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE JTOPTICS PARTIES") SHALL CREATE ANY WARRANTY. JTOPTICS DISCLAIMS ALL EQUITABLE INDEMNITIES.
Role of JTOPTICS and Service Provider
The JTOPTICS online portal is developed, maintained and updated by JTOPTICS. The process of payment authorization and receipt, order acceptance and fulfillment, and other physical portions of a transaction are managed by the Service provider. As stated, Service Provider shall be solely responsible for fulfillment of all orders successfully placed through the Store including but not limited to invoicing, payment processing and product delivery to customers. In no event shall JTOPTICS, its affiliates, directors, officers, agents, consultants or employees etc. be liable for any purchases made through the JTOPTICS Online store. You hereby to the fullest extent permissible waive any and all claims that you may have against JTOPTICS and its Representatives arising as a result of or in relation to the JTOPTICS online store or purchases made through the JTOPTICS Online store including, inter-alia, claims relating to payment and delivery of the products.
Use of the JTOPTICS Online store
Certain areas of the JTOPTICS Websites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to JTOPTICS an irrevocable, perpetual, transferable, non-exclusive, royalty free, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that JTOPTICS deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). JTOPTICS reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. JTOPTICS may, but is not obligated to, pre-screen User Submissions or monitor any area of the JTOPTICS Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. JTOPTICS is not required to host, display, or distribute any User Submissions on or through the JTOPTICS Websites and may remove at any time or refuse any User Submissions for any reason. JTOPTICS is not responsible for any loss, theft, or damage of any kind to any User Submissions. JTOPTICS does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that JTOPTICS will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. JTOPTICS does not guarantee that you will have any recourse through JTOPTICS or any third party to edit or delete any User Submission you have submitted. By submitting any User Submission, you represent and warrant that:
you are at least 18 years old;
you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to JTOPTICS the rights in your User Submissions described herein;
you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to JTOPTICS described herein;
your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
JTOPTICS may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation, or training) or access to JTOPTICS Websites under the terms of a separate agreement between you and JTOPTICS (each, an "Other Agreement"). HP's obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements. For example, the use of any software that is made available to download from the JTOPTICS Websites ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
You are solely responsible for maintaining the confidentiality of your account and password in respect of the Store.
JTOPTICS and any other product or service name or slogan or logo contained in the JTOPTICS Website are trademarks of JTOPTICS and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of JTOPTICS or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with JTOPTICS or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of JTOPTICS without JTOPTICS's prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of JTOPTICS and may not be copied, imitated, or used (in whole or in part) without JTOPTICS's prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by JTOPTICS.
Modifications to these Terms
JTOPTICS may, in its sole and absolute discretion, change these Terms from time to time. JTOPTICS will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the JTOPTICS Websites. Continued use of the JTOPTICS Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the JTOPTICS Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
You can use various facilities, namely Credit card payment through payment gateways, EMI offers through select banks, Net banking available on the site for making payments. In case of use of Credit or Debit Cards or internet banking facilities to make payments, your information is secured through use of 128 bit Secure Socket Layer ("SSL") technology. You agree, understand and confirm that the credit card used is lawfully owned or possessed by you and that you shall not pay or attempt to pay for Product(s) using fraudulent credit card information. Service Provider confirms that it shall use reasonable measures to ensure security of the information and will not be shared with third parties, unless required for fraud verifications or by law, regulation or court order. Neither JTOPTICS nor Service Provider shall be liable for any credit card fraud.
There are multiple payment partners providing us with a payment gateway. All online transactions will be routed through one of our payment partners. Upon successful transaction, the payment partner will collect and remit the money to Service Provider. Service Provider upon receiving the payment will initiate order processing.
User shall at all times fully indemnify and hold harmless JTOPTICS, Service Provider, their officers, directors, agents, employees, and associate companies, from any and all costs, losses, claims, demands, damages and liabilities ,actions including costs and reasonable attorneys' fees, made by any third party and/or penalty imposed, due to and/or arising out of User's breach of the Terms & Conditions and/or User's violation of any law, rules or regulations and/or the rights of a third party and/or the infringement by User including, without limitation, copyright and trademark infringement, obscene and/or indecent postings, and on-line defamation, and/or any third party using the User's account, of any intellectual property and/or other right of any person and/or entity.
Governing Law and Jurisdiction
The transactions on this website shall be governed by, construed, interpreted, and enforced in accordance with the laws of India. Specific performance and damages any other disputes arising in respect hereto shall be subject to exclusive jurisdiction of the courts of Mumbai.
JTOPTICS and Service Provider shall not be liable for any failure and/or delay on their part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason thereof if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein. Explanation: "Force Majeure Event" means any event due to any cause beyond the reasonable control of JTOPTICS and/or Service Provider, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of JTOPTICS and/or Service Provider hereto which prevents timely fulfillment of obligation of JTOPTICS and/or Service Provider.