1. ACCESS TO THE APP
1.1 This mobile software application VNC Dealer Direct (the “App”) is owned by VNC ELECTRODES, a partnership having its office at No.3, Industrial Estate, S. Vellalapatti, Karur 639 004, Tamil Nadu, (“VNC ELECTRODES” or “VNC”). Use of the App by the user (“You”/ “User”) is subject to the terms and conditions contained herein.
2. APPLICABILITY AND ELIGIBILITY
2.2 A User ought to have completed 18 years of age and should be competent to enter into a contract under Indian contract law. In the event that the User is under 18 years of age, such User may use the App only through its legal guardian in accordance with applicable law.
2.3 If the User represents a corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity to use and access the App and transact business on behalf of such entity.
2.4 VNC ELECTRODES reserves the right to refuse access to the App to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3. USER ACCOUNT
3.1 The User shall be required to register and set up an account (“Account”) for using the App by entering an email address, phone number and password or details (“User Information”). VNC ELECTRODES as its sole discretion may ask for the verification of the User Information and hence, it is advisable to provide a valid information e.g. like email address or mobile number etc. while creating an Account. The App will set-up an account and email the details of the Account at the email address provided. The User can also create and update an Account with the assistance of Customer Support.
4.1 Users can use and access the App free of charge. However, at any time in future, after duly notifying in advance, VNC ELECTRODES reserves its right to charge the users for the use of the App and provisioning of the services through the App as per applicable Indian law.
5. COMMERCIAL TERMS AND CONDITIONS
5.1 All terms and conditions relating to the pricing, delivery, shipping, acceptance of the products, risk of loss and transfer of title shall be governed by the VNC Terms and Conditions, the link to which is set out herein below: https://www.vncgroup.com/commercial-terms-and-conditions
6. ORDER CANCELLATION AND REFUND
6.1 Cancellation by VNC ELECTRODES: VNC ELECTRODES has the discretion to cancel an order for any reason, some of which are listed hereunder:
6.1.2 Product being unavailable with VNC.
6.1.3 Any Technical errors or issues.
6.1.4 Any reason identified by VNC ELECTRODES’ credit and fraud avoidance team.
6.1.5 Invalid address or wrong address mentioned in the order summary.
6.1.6 Malpractices used to place the order.
6.1.7 Order is undelivered after three (3) attempts.
6.1.8 Failure to collect the order from partner store within stipulated time.
6.2 Notwithstanding anything contained hereunder, VNC ELECTRODES reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever without any further liability. On such cancellation, the User will be sent a notification via email or SMS at the email address or mobile number respectively provided to VNC ELECTRODES.
6.3 Cancellation by the User: The User may raise a request to cancel an order or any part thereof for any reason, provided that such cancellation must be effected before the product has been shipped for delivery by VNC. Such cancellation request can be initiated either by calling or emailing the Customer Care Team or through the User’s account on the App. The User is required to state the reason for such cancellation. VNC ELECTRODES will process the request for cancellation as per the policy in force. If an order has been successfully cancelled, the User will be sent a confirmation email or SMS at the email address or mobile number provided to VNC ELECTRODES. No cancellation is permitted subsequent to shipping.
6.4 VNC ELECTRODES reserves the right to accept or reject requests for order cancellations for any reason whatsoever. The User agrees not to hold VNC ELECTRODES liable for any rejection of order cancellations. the User will receive a refund for cancelled orders that have been accepted in accordance with the Refund Policy, as in Annexure – A.
6.5 The User hereby agrees to release and indemnify VNC ELECTRODES, its officers and representatives from any cost, damage, liability or any of the actions in case of cancellation of the User’s Order.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 VNC ELECTRODES owns all intellectual property rights to and into, inter alia,:
7.1.1 The trademark “VNC”, “VNC ELECTRODES,” and the App, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks;
7.1.2 The trademarks, logos and service marks displayed on the App as well as on the products sold on the App (“Marks”); and
7.1.3 All content included on the App, including (i) text, illustrations, graphics, logos, marks, button icons, images, audio clips, digital downloads; (ii) the compilation and arrangement of all content on the App; and (iii) any and all software relating to the App (collectively, the “Works”, and together with the foregoing, “Intellectual Property”).
7.2 All the aforesaid Intellectual Property is exclusively owned by VNC ELECTRODES and is protected by applicable trademark and copyright laws.
7.3 VNC ELECTRODES grants the User a limited, revocable and non-exclusive licence to access this App, and to resell the products purchased from VNC ELECTRODES on the App as permitted by VNC. It is however clarified that the User is prohibited from otherwise using the Intellectual Property or from downloading (other than page caching) or modifying, copying, reproducing, retransmitting, distributing, disseminating or otherwise circulating the Intellectual Property, whether in whole or in part, unless expressly permitted by VNC ELECTRODES.
7.4 The User agrees not to use or apply for registration of any Marks, or domain names which are similar to the Marks or domain names used in connection with the App, the products sold on the App or owned by VNC ELECTRODES.
7.5 The User shall not use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise deal with content or the Intellectual Property of the App in any medium or manner now known or developed in future without authorization from VNC ELECTRODES. In the event of such unauthorised use, VNC ELECTRODES reserves the right to immediately discontinue the App services to such User without prejudice to VNC ELECTRODES’ right to initiate legal action in this regard. The User is strictly prohibited from framing or using framing techniques to enclose any content or intellectual property on the App to illegally and unlawfully exploit the content or intellectual property rights owned by VNC ELECTRODES.
8. USER’S OBLIGATIONS
8.1 Every User of the App agrees, represents and warrants that:
8.1.2 all information provided on registration and contained as part of the User’s Account is true, complete and accurate and that the User will promptly inform VNC of any changes to such information by updating the information in its Account; and
8.1.3 the User is legally competent to contract, and in the event that the User represents a company or corporate entity, the User is fully authorized to represent such company or entity and transact on its behalf;
8.1.4 by transacting on this App, the User has not and shall not, at any point, commit a breach of any of its obligations under applicable laws or any contract or agreement;
8.1.5 the User shall comply with all the applicable laws, including but not limited to the Foreign Exchange Management Act, 1999, notifications issued there under the Exchange Control Manual issued by the Reserve Bank of India, Customs Act, 1962, Information Technology Act, 2000, Prevention of Money Laundering Act, 2002, Foreign Contribution Regulation Act, 1976, Income Tax Act, 1961, Export Import Policy of the Government of India and shall include any amendments, notifications and Rules thereof under the aforesaid enactments applicable for using the App or buying/ selling any product or service through the App;
8.1.6 the User shall not undertake any activity that would result in the infringement of any of the Intellectual Property rights of VNC ELECTRODES, and shall not, at any point, attempt to register or use any product or property (including trademarks, logos, packaging, etc.) that infringe upon VNC’s Intellectual Property rights. The User shall not, at any point, set up a title adverse to that of VNC in respect of the products sold on the App or the Intellectual Property in respect thereof; and
8.1.7 the User shall not unlawfully extract data from, or hack into the App.
9.1 The User of the App expressly agrees that the use of the App is at the User’s sole risk. The App and the contents uploaded are made available to the User through the App on an “AS IS” basis and “AS AVAILABLE BASIS” without any warranty of any kind, express, implied, statutory or otherwise, as to the operation of this App or the information, content, materials, or products included therein.
9.2 VNC ELECTRODES disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. VNC does not warrant that this App, its servers, or e-mails sent from VNC are free of viruses or other harmful components. VNC ELECTRODES including its owners, directors, officers, agents, and partners shall not be liable in any manner with respect to the loss or damage incurred by the User on account of virus attacks or bugs or other software or programmes that may be present or embedded while using or accessing the App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
9.3 VNC ELECTRODES does not guarantee that the services provided through the App will function without interruption or errors. The operation of the services may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons or other losses or damages caused by any such interruption or errors in functioning.
9.4 While VNC ELECTRODES may use reasonable efforts to include accurate and up-to-date information on the App, it makes no warranties or representations as to its accuracy, timeliness or completeness.
9.5 VNC ELECTRODES reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. VNC reserves the right to refuse to fulfil any order that may have been placed based on such erroneous, inaccurate or out-of-date information regarding pricing, shipping, payment terms, or return policies.
9.7 VNC shall not be held liable or responsible for (i) any errors, mistakes, or inaccuracies of content displayed on the App; (ii) any personal injury or property damage, of any nature whatsoever, resulting from the User’s access to or use of the App or any product; (iii) any unauthorized access to or use of VNC’s servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the App, or interruption or error in functioning of the App due to due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons; (v) for any malfunctioning impossibility of access or poor use conditions of the App due to inappropriate equipment, disturbances related to internet services, down time or otherwise; (vi) any bugs, viruses or the like that may be transmitted to or through the App by any third party; and/or (vii) unauthorized use of the Account or any service or materials, either with or without the User’s knowledge or consent.
9.8 To the maximum extent permitted by applicable law, VNC ELECTRODES will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. VNC ELECTRODES also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
9.9 When a User deletes any kind of information, the User must understand that the removed content may continue to be stored in VNC’s servers in backup copies.
10. LIMITATION OF LIABILITY
10.1 In no event shall VNC ELECTRODES (including its affiliates, associates and their respective owners, directors, officers, agents and partners) be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from the use or inability to use the App whether based on warranty, contract, tort (including negligence) or in any other means or action.
10.2 VNC’s total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products under these Terms and Conditions.
12.2 Without prejudice, VNC ELECTRODES reserves its right to terminate the services if such provision of services to the users is not economically viable for VNC ELECTRODES.
12.3 Users may choose to discontinue availing services and facilities provided through the App by closing the User account with the App.
13.1 Location Based Services : Upon obtaining permission from the User, the App may use information from Global Positioning System (GPS) networks, cellular, Wi-Fi or Bluetooth to determine the User’s approximate location to provide location based Services. This information is collected only with a view to help the User find the nearest VNC ELECTRODES partner store /or other information based on the User’s profile.
13.2 Subheadings: Various subheadings used in these Terms are for convenience only and may not be used to interpret the provisions thereof. In case of a conflict between the sub-head and the related text, the text shall prevail.
13.3 Severability and Partial Invalidity: If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law, (i) such provision will be fully severable from the remaining Terms; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (iv) in lieu of such illegal, invalid, or unenforceable provision, there will be added by VNC ELECTRODES a legal, valid, and enforceable provision to the extent possible.
13.5 No Waiver: No failure or delay on VNC’s part in exercising any power or right hereunder operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
14.1 For purposes of sending service messages and notices about the services to a User, the App may place a banner notice across its pages to alert the User to certain changes such as modifications to these Terms. Alternatively, a notice may consist of an email sent to the User. The User agrees that the App may communicate with User through the User’s account or through other means including email or mobile. Users are required to update their settings regularly to ensure that the App’s service messages and notices are received by the users timely and accurately. It is clarified that VNC ELECTRODES shall have no liability for the non-receipt of the App’s service messages and notices. Any notice to VNC regarding the Terms must be in writing and sent by postage to the address below:
VNC Electrodes (or) VNC Steel Distributors (as in documentation)
Industrial Estate, S. Vellalapatti,
Tamil Nadu, India.
14.2 Notice from VNC may be sent to you by postage to the address and contact information provided by you to VNC in connection with this Agreement.
15. GOVERNING LAW AND JURISDICTION
Annexure – A
Return and Refund Policy
1. You are entitled for replacement of order in case you received something else than what you ordered or your order reached you in a distorted or damaged manner. If your order includes multiple items, partial replacement of the required items is also possible. If purchase of the Product is made under a special promotional offer or any special scheme, special rules shall apply for replacement.
2. Replacement process must be initiated within 24 hours from the time of receipt of order by the User. The Product must be in an unused state before seeking a for a replacement and should be accompanied by a copy of the original receipt or invoice issued at the time of sale of the Product.
3. Any request for replacement will be accepted only after inspection of the Product. Once the replacement request is placed with the customer service, the logistics partner will arrange for a pickup of the Product from the address provided at the time of placing the order. Once the Product is received, it takes about 1 working day for inspection team to confirm on the replacement. On confirmation of the genuine need for replacement of the Product, we shall replace the desired Product with the User.
4. At every step of the replacement process, we shall keep you updated through emails and/or SMS. However, if you have any queries before, during or after the replacement is completed, feel free to contact us at: firstname.lastname@example.org.
5. Refunds will not be made under any circumstances and only replacement in relevant situations will be done.