TERMS & CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE ELHI TECH WEBSITES, THE ELHI TECH PRODUCTS AND SERVICES OWNED AND OPERATED BY SOFLAB SYSTEMS (P) LTD., A COMPANY BASED IN DELHI, INDIA. BY USING THIS SITE YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THEM, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING USE OF THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE, PRODUCTS OR SERVICES.
ELHI TECH reserves the right to make changes to the ELHI TECH website, ELHI TECH products and ELHI TECH services (collectively “The Products”) and to these terms and conditions at any time. Your continued use of this site, the products and services will constitute your acceptance of any new or amended terms and conditions.
RESTRICTIONS ON USE
The audio and visual information, documentation, data, software, products, services, material and related graphics available on the ELHI TECH site, products and services ("Materials") are provided by ELHI TECH. The Materials contained on the site, products and services are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. ELHI TECH alone shall own all rights, title and interest evidenced by, embodied in, and/or attached/connected/related to the Materials.
ELHI TECH grants you permission to display, download or print portions of the Materials appearing on The Products solely for informational and non-commercial use or to place an order with ELHI TECH, provided that you do not modify, reproduce, edit, distribute, display or make any other use of the Materials, in any form or by any means without ELHI TECH's prior written consent and provided further that you retain all copyright and proprietary notices as they appear in such Materials. The permission granted to you herein shall terminate if you breach any of these terms and conditions. Unauthorised use of any of these Materials is expressly prohibited by law, and may result in civil and criminal penalties.
You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to ELHI TECH or any third party referenced in the Materials. You agree to use The Products and the Materials accessible via The Products only for lawful purposes. You may not use robots, crawlers or similar applications to collect and compile content from The Products, for the purposes of competing with any services or products provided by ELHI TECH, or in such ways that might impair or disrupt the site’s or The Products’ functionality. You will not tamper with or load unsolicitated firwares in ELHI TECH Products.
WARRANTIES AND DISCLAIMERS
This Products and the Materials and products on the site and The Products are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ELHI TECH disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement of any third party intellectual property right. ELHI TECH does not represent or warrant that the functions contained in The Products will be uninterrupted or error-free, that the defects will be corrected, or that The Products or the servers that make The Products available are free of viruses or other harmful components. ELHI TECH does not make any warranties or representations regarding the use of the Materials in The Products in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
In no event shall ELHI TECH be liable for any damages whatsoever, including but not limited to, indirect, special, incidental or consequential damages, whether in an action of contract, negligence or other tortious action resulting from use of, or the inability to use, The Products or arising out of the use or performance of the Materials available on The Products, regardless of whether ELHI TECH or an authorised ELHI TECH representative has been advised of the possibility of such damages. In the event that, notwithstanding the foregoing, ELHI TECH is found liable to any user of The Products for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the maximum aggregate liability of ELHI TECH to you arising in connection with these terms and conditions shall be limited to the amount paid for The Products in the twelve (12) months prior to the accrual of the applicable claim.
SPECIFIC NOTICE REGARDING LINKS TO THIRD PARTY WEBSITES
The trademarks, service marks and logos used and displayed on The Products are registered and unregistered trademarks and service marks of ELHI TECH and others. All other registered and unregistered trademarks used on The Products are the property of their respective owners. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any ELHI TECH trademark, service mark or logo used or displayed on The Products without the prior express written permission of ELHI TECH. When used with ELHI TECH's permission, all trademarks must be identified as trademarks of ELHI TECH using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications.
ELHI TECH and third parties on its behalf use a variety of industry-standard security technologies and procedures to help protect your personal information from unauthorised access, use, or disclosure. Despite these measures, you should know that ELHI TECH cannot fully eliminate security risks guaranteeing that the services will be immune from any wrongdoings, malfunctions, unlawful interceptions or unauthorised access to the information stored therein and to other information security risks. When you place orders or access your personal information, ELHI TECH offers the use of a secure server. All sensitive information you supply is transmitted via Secure Socket Layer (SSL) technology, ensuring that your data is safe and secure.
These terms and conditions are applicable to you upon your accessing The Products and/or completing the purchase order. These terms and conditions, or any part of them, may be terminated by ELHI TECH without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability and Jurisdiction and Governing Law, shall survive any termination.
ELHI TECH may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ELHI TECH.
JURISDICTION AND GOVERNING LAW
These terms and conditions shall be exclusively governed by the laws of the State of Delhi, Country of India, without regard to the choice or conflicts of law provisions thereof, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Delhi, India. You agree to waive all defences of lack of personal jurisdiction and forum convenience and agree that due process may be served in a manner authorised by applicable law or court rule.
All requests for further information or for permission to reproduce any portions of the Materials in addition to the permission granted above should be directed to: email@example.com
Terms Of Sale
The following terms and conditions shall govern the order, sale and delivery of all products and services of ELHI TECH Inc. and/or its parent company (the “Company”) to customers ("Customers"). These standard terms and conditions may be updated by the Company from time to time. Any different, conflicting or additional terms or in any purchase order or other writing from a Customer shall be of no force or effect unless acknowledged and executed by an officer of the Company.
SUBJECT MATTER OF THE CONTRACT
The subject matter of the contract is the use of the Company's mobile software applications, web applications, the ELHI TECH devices, ELHI TECH Plus premium subscription plan and services (the "Products"). The mobile applications are made available through the various stores for mobile applications (iOS App Store, Android Play Store, etc.).
The Company's server infrastructure is the central link from the software applications to the ELHI TECH devices.
In order to use the full range of functions offered by the software applications of the Company, a working, always-on wifi connection must be available at the place of installation. The availability and functioning of the wifi connection shall be the sole responsibility of the Customer. Please note that at the time of this contract the ELHI TECH Application is only available for Apple Macbook (Trademark of Apple Inc.)
Orders from Customers shall be placed online through the Company's website. No order shall be final until accepted by the Company by a separate email confirming the order. After acceptance an order shall not be subject to cancellation by the customer. All sales are final. Customers are not authorized to resell any order, in whole or in part, by any means, including online or via e-commerce.
The Company reserves the right to cancel any order before it is shipped and refund the customer.
SHIPMENT, DELIVERY AND DELAYS
The Company will endeavor to ship Products available on stock, within 14 days after acceptance of orders depending on size of order and number of Products. Some products may be on a pre-order status, and will be displayed on the website as such. Such pre-order products may be shipped at the date that was declared on the website with a reasonable delay of up to 30 days after pre-order ship date.
Although the Company will make every reasonable effort to deliver by the estimated shipment date, the Company does not guarantee shipment by that date. Further, shipment may be delayed by strike, fire, act of God, transport disruptions, unavailability of materials or components, or any other circumstances not within the reasonable control of the Company that prevents delivery in the normal course of business. The Company may elect to ship partial orders.
All Products will be tendered and shipped be Ex-works (INCOTERMS 2010) unless otherwise indicated by the Company. Title to (except with respect to any and all intellectual property rights in and to any Products) and all risk of delay in shipment, loss or damage for any Products will pass to Customer upon tender by the Company of Products to the carrier.
Company will select the carrier and ship freight prepaid. Shipping and handling charges will/can be invoiced to the Customer. In cases where Customer, for any reason, requests deliveries of Products on a basis that is not in conformity with Company’s standard shipping procedures, Customer shall be responsible for all costs associated with premium freight and any overtime required to make deliveries in conformance with Customer’s required schedule. Customer will pay all loading charges and all taxes. Company will not be deemed to assume any liability in connection with its selection of a carrier or its failure to obtain insurance.
PAYMENT TERMS AND TAXES
The prices displayed on the website of the Company at the time of placing the order shall apply. If delivery charges are incurred, the Customer will be informed of the amount of delivery charges at the time of placing the order. All prices indicated on the website are exclusive of applicable VAT/GST or other sales taxes.
Unless otherwise stated in Company’s invoice or agreed in writing executed by an officer of Company, payments are to be made prior to the shipment by the Company of any Products. The payment options may vary from country to country. The Company reserves the right to contract third parties with processing for the various payment options. As a general rule, invoices shall be sent to Customers by email.
Any software portion of the Products is provided under a limited license to use only in conjunction with the applicable hardware portion of the Products and not on a stand-alone basis, and is, and shall remain, the property of the Company or of any licensor of the Company, as applicable. The license terms and conditions applicable to any software are set forth in these terms and conditions and on any software license terms document or file that may accompany the applicable Product (which is available for Customer's review upon request). Customer shall keep confidential and shall not disclose to any third party, without Company's prior written consent, any non-public information received by it from Company with regard to the Products and all other materials provided to Customer by Company. The Customer may use the applicable Product (which is available for Customer's review upon request). Customer shall keep confidential and shall not disclose to any third party, without Company's prior written consent, any non-public information received by it from Company with regard to the Products and all other materials provided to Customer by Company. The Customer may use the Products only for its own personal use and not for further distribution or resale. Customer shall not, and shall not permit or aid others to, translate, reverse engineer, decompile, disassemble, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the Products and shall not remove or obscure any proprietary notices on the Products. Company and its licensors shall retain all proprietary rights of any kind to any intellectual property in and to the Products, including without limitation any modifications made to the Products whether or not on the basis of requests, suggestions or ideas of Customer.
The Company shall carry out all data processing operations (e.g., collection, processing, and transmission) in compliance with statutory requirements. The personal data supplied by the Customer, order data and operating data provided by the ELHI TECH Kit shall be stored electronically by the Company.
The Company shall be permitted to transmit Customer data (limited to the name, address, email and telephone number) to carefully selected partners. The Company and the selected partners may use the Customer data to inform the Customer by post or by telephone about products and/or services, which they believe may be of interest to the Customer. The Customer can notify the Company in writing that he does not wish to receive such information.
Company warrants to Customer that, for a period of 3 months following the date of shipment to Customer (the “Warranty Period”) any hardware portion of the Product will be free of material defects in material and workmanship. The Customer needs to explicitly register their Bought product with the Company to enjoy the above warranty. If the Customer fails to register their SKU/SERIAL NUMBER of the Product or Products with the company within the given time frame (As stated on the Company's Website), the Warranty will be void.
The warranty set out in this sub-clause does not cover malfunctions, failures or defects resulting from misuse, abuse, accident, neglect, improper or inadequate maintenance, alteration, modification, improper installation or repairs by any party other than the Company.
In the event that during the Warranty Period Customer notifies the Company in writing of a warranty claim under the above warranties then Company, at its sole option and as a sole remedy to Customer, shall either (i) supply a replacement Product at the half of the cost of the new product; or (ii) request return of the defective Product for repair in accordance with Company's then prevailing procedures. In the event that the Company requests the return of the Product, the Customer will pay the freight for the defective Product returned to the Company. If a Product is returned for warranty service and no malfunction is found, the Customer will pay the Company the rate for testing the Product effective at the time, as well as incoming shipping charges. Each Product which is repaired or replaced pursuant hereunder shall be under warranty until the end of the remainder of the Warranty Period, or, if such failure occurs within the last month of the Warranty Period, until thirty (30) days following the end of the original Warranty Period.
THE WARRANTIES SET FORTH IN THIS SUB-CLAUSE ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY THE COMPANY WITH RESPECT TO THE PRODUCTS AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OTHER THAN AS EXPRESSLY PROVIDED IN THIS CLAUSE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
REGARDLESS OF THE FORM OF ACTION (I) THE COMPANY SHALL NOT HAVE ANY LIABILITY FOR INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS, AND (II) THE COMPANY SHALL NOT BE LIABLE FOR AN AMOUNT GREATER THAN THE AMOUNT PAID TO IT BY CUSTOMER FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY.
GOVERNING LAW, VENUE
These terms and conditions represent the entire agreement between the parties in respect of the subject matter herein, shall be governed exclusively by the laws of the State of Delhi, India excluding its conflict of law rules (and excluding the application of U.N. Convention on Contracts for the International Sale of Goods or any other international convention or treaty) and any dispute in connection thereto shall be exclusively resolved accordance with such laws in the competent courts in Delhi, India. The provisions of these terms and conditions are severable and shall be interpreted so as to be valid and enforceable to the maximum extent possible under applicable law. Any invalid or unenforceable provision shall be reformed or replaced by a valid and enforceable provision that is as similar in meaning as possible, and the remaining provisions shall remain enforceable to the fullest extent permitted by law. The waiver of any provision by a party shall not be construed as a waiver of any succeeding occurrence or any other provision, nor shall delay or omission of a party to avail itself of any right, power or privilege operate as a waiver of such right, power or privilege. Company may freely assign its rights and obligations under these terms and conditions to any third party. The Customer shall not be entitled to assign any of its rights and obligations hereunder without the prior written consent of the Company and any assignment without such prior written consent shall be null and void. the Company and any assignment without such prior written consent shall be null and void.
Shipping & Refund Policy
Pre-sale orders begin processing as soon as the item is in stock and fully received. You can expect your order to ship 1-3 days after the item is received in stock. Please allow extra days during holiday seasons. You will receive notification of any delay or cancellation of your order.
Free Shipping terms are territory dependence and may change from time to time. Local duties and taxes that are imposed on your order at time of delivery are not reflected in our prices. Please consult your local customs office for more details about your country's duties and taxes.
We sincerely hope that you enjoy your purchase; however, if you would like to return your merchandise, we will gladly help you with the process. Please review the guidelines below prior to your return to ensure that your merchandise is eligible for a return/refund.
- Merchandise must be returned within 10 days of the date of delivery.
- Merchandise returned must be in new/unused condition and in the original packaging.
- To complete your return, we require a receipt or proof of purchase.
- Shipping cost & shipping sales tax incurred for returns are non-refundable and within the customer’s responsibility.
In order to return ELHI TECH, please contact firstname.lastname@example.org
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.If you are approved, then your refund will be processed and credited to your account within approximately 15 business days from the date the return is received by ELHI TECH.
Defective and/or damaged items must be reported to ELHI TECH within 10 days of the date it was received and will be exchanged for the same item. Please contact us at email@example.com if you would like to replace your item.
For items that are sold on pre-order status, your account will be charged at the time that your order is placed. If you choose to cancel your order before it ships and within 30 days of purchase, you will be credited in full. Please contact us at firstname.lastname@example.org if the credit has not been received. If you choose to cancel your order after it has been shipped, please follow the return policy and guidelines.
ELHI TECH will use reasonable efforts to ensure that the Service is available twenty-four hours a day, seven days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. ELHI TECH will take reasonable steps to minimize such disruption where it is within ELHI TECH's reasonable control. You agree that ELHI TECH will not be liable in any event to you or any other Party for any suspension, modification, discontinuance or lack of availability of the Service. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access otherwise use the Service.
ELHI TECH offers the customer the support via the channel on electronic mail at email@example.com. The Company will use reasonable efforts to ensure that the Support is available on all working days (The company operates from Monday to Friday) and that the query is responded to within 48 hours. Further, support reply/support may be delayed by strike, fire, act of God, Pandemics, transport disruptions, unavailability of resources or components, or any other circumstances not within the reasonable control of the Company that prevents providing support in the normal course of business.
Zoom is a copyright of Zoom Video Communications, Inc. Skype and Teams are brands and copyright of Microsoft. There is no alliance between Elhi and the above stated VC Platforms.
Last Updated on: 8th May 2021
At ElhiTech, we take your privacy seriously.
Your personal information
Personal Information we collect
We may collect the following types of personal information from you when you use ElhiTech services or products:
Your contact details: First Name, last name, email, telephone numbers.
Delivery Addresses: Addresses used for delivering your orders
Account details: username, password
Transaction records: Your purchase history with us
Payment information: Credit cards or other payment information used to purchase products or services from us
Product tracking: Serial numbers and QR codes used to identify your product.
Phone/Computer information: Your mobile phone or computer (model, make, browser information)
How we use your personal information
Provide our service: All the personal information we collect
Take payments: Payment information, transaction history
Deliver products: Delivery information
Provide you with customer support: All the personal information we collect
Improving our products and services: All the personal information we collect
Develop new products and services: All the personal information we collect
Determine products and services that may be of interest to you: All personal information we collect
Direct marketing: Your contact details
Sources we use to collect personal information
We collect your personal data from various sources:
Information you provide to us (such as a website form, support queries, etc.)
Your use of our website, web app or mobile apps
Other companies we work with provide us with information about you and this helps us serve you better
How we protect your personal information
We take technical and organizational measures to ensure the personal information is processed in a manner that ensures appropriate security of information, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage. Your data is processed and stored encrypted and/or anonymized. We use Google Cloud Platform for all the static data and other approved Third party applications like Shopify to process your data.
Who we share your personal information with
Other companies’ apps and products: for the purpose of providing our apps, products & services.
Delivery companies: to deliver you our products.
Other service providers and advisors: Such as companies that help us store and analyse the data we hold, process payments, communicate with our customers, provide us with legal or financial advice. These companies help us deliver our services to you.
Third Party Partners: In some cases, you may acquire ElhiTech products through a third party partner, who may have bundled those products with its own features, such as applications or service offerings. Such associated features may require all or part of your personal data to provide you with that functionality. With registration of an account for such products, you automatically opt-in and allow us to share your personal data with such third parties. This sharing of personal data will be provided with the possibility to opt-out anytime on simple request. In case of opt-out, you expressly acknowledge and agree to waive any claim against ElhiTech with respect to the disrupted operation of the third party's associated features. In addition, you must be aware that once the sharing of information took place, the third party will be solely liable towards you for its own use of your personal data, either before or after you opt-out.
The Government or regulatory bodies: where we are required to do so by law or to assist with their investigations.
Police and law enforcement: to assist with the investigation and prevention of crime.
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
we will never disclose your data or sell it to third parties for advertising purposes.
How long we keep personal information
We will keep your personal information for as long as you have an account with us. After you close your account with us we will keep your personal information for a reasonable period to maintain our records and legal obligations to you.
According to the marketing preferences you set when creating your account or modify at a later date, we may contact you by email, push notification, text, mail or phone with information about products and services we believe you may be interested in. If you tell us not to email, push notification, mail or phone you with direct marketing we won’t contact you in that way.
From time to time, we may send you important notifications that result from a certain action or even related to your interaction with our services and products.
You are the owner of your data
You have the following rights with respect to your private data:
the right to be informed about how your personal information is being used;
the right to access the personal information we hold about you;
the right to opt-out of direct marketing messages;
the right to request the correction of inaccurate personal information we hold about you
the right to restrict or delete your personal information
Last updated: July 22, 2021