Terms of Service

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Rakt Innovations Pvt. Ltd. (“we,” “us” or “our”), concerning your access to and use of the Web Site as well as any other media form, media channel, mobile Web Site or  application related, linked, or otherwise connected thereto (collectively, the “Service”). 

You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Services and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. 

Scope And General Provisions

Our following  Terms and Conditions shall apply exclusively. Any terms and conditions of the purchaser that conflict with or deviate from our terms and conditions shall not be recognised. Our terms and conditions shall also apply if the customer refers to its own terms and conditions of purchase in its order or order confirmation. Deviations from these terms and conditions shall only be effective if confirmed by us in writing.

Our terms and conditions shall also apply to all future transactions with the customer, even if they are not expressly agreed again.

Contractual rights may only be transferred to third parties by mutual agreement. However, purchase price claims and other purely monetary claims are freely transferable.

Offers And Scope Of Order

Our offers, prices and delivery times are subject to change and non-binding. An order shall only be deemed to have been accepted when it has been confirmed by us in writing. Our written order confirmation shall be decisive for the scope of delivery.

Ancillary agreements require our written confirmation in order to be effective. 

Changes

All information contained in our catalogues, brochures, price lists or other advertising material is determined to the best of our knowledge on the date of fixing. We reserve the right to make any changes that may become necessary at a later date.

Obvious printing and typing errors as well as mistakes made by our employees can be corrected and entitle us under certain circumstances to withdraw from an order without the client being able to assert claims of any kind against us.

Prices

Unless otherwise stated in our order confirmation.

Statutory value added tax is not included in our prices; it must be added to the agreed price at the statutory rate applicable at the time the contract is concluded.

The deduction of cash discount or other discounts requires special written agreement.

For orders for larger quantities of the same article, our quantity-related individual prices shall apply. This shall also apply to call-off orders if and to the extent that fixed dates for partial deliveries were determined when the order was placed. In determining the respective list prices, each order shall be treated separately. A subsequent increase in an order already placed or a subsequent order shall therefore not affect the individual price of the original offer.

Terms Of Payment

The purchase price is payable without deduction  immediately on checkout. In the case of partial deliveries, this shall apply to each individual partial delivery.

We shall be entitled to set off payments against the customer's older debt first, despite any provisions of the customer to the contrary, and shall inform the customer of the type of set-off effected. If costs and interest have already been incurred, we shall be entitled to set off the payment first against the costs, then against the interest and finally against the principal claim, even if the former relate to previous deliveries.

Means of payment other than cash shall only be accepted for the purpose of fulfilment. Payment shall be deemed to have been made when we can freely dispose of the equivalent value.

Any bank charges shall be borne by the customer. The acceptance of bills of exchange requires special agreement.

If the customer is in default of payment, we shall be entitled to charge interest on arrears at a rate of 8% above the respective base interest rate. The assertion of further damage caused by default remains unaffected by this. The customer shall, however, be entitled to prove that we have suffered no damage or significantly less damage as a result of the default.

If the customer is in default with his payments or if we become aware of circumstances which call into question the creditworthiness of the customer, we shall be entitled to declare all our claims due and payable, even if we have accepted cheques or bills of exchange for payments already due. Furthermore, we are entitled to demand advance payments or securities for the further fulfilment of the contract. In any case, we shall have a right of retention to the delivery item until the advance payment or provision of security demanded by us has been made.

The customer is only entitled to set-off or retention if his counterclaims have been legally established, are undisputed or have been recognised by us. Furthermore, he is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

Chargebacks

The Customer agrees to contact Rakt prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If the Customer makes a card payment through Rakt, and later disputes a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at Rakt's sole discretion), whether fraudulently or otherwise, then Rakt reserves the right to blacklist the Customer by providing compelling evidence to refute the Customer's invalid chargeback request and or pursue legal action as the case may be.

Delivery periods

Delivery periods begin with the dispatch of the order confirmation. Their commencement presupposes the clarification of all technical details, in particular the provision of the documents, approvals and releases to be procured by the customer, as well as the receipt of an agreed down payment (if any).

Subsequent changes requested by the customer shall lead to a reasonable extension of the delivery period.

In the event of our delay in delivery, claims for damages due to non-fulfilment can only be asserted if the delay is due to intent or gross negligence.

If the customer is in arrears with payments - also from previous deliveries - we are entitled to withhold the delivery until such time. until all outstanding invoice amounts have been settled. This does not apply insofar as the customer can invoke a right to refuse performance on his part.

Retention Of Title

We retain title to the delivery item until all claims arising from the business relationship with the customer have been settled in full.

Pledging or transfer of ownership by way of security is not permitted. The customer hereby assigns to us all claims in the amount of our invoice amount which accrue to him from the resale against his customers or third parties. We are entitled to collect these claims ourselves if the purchaser does not properly fulfil his payment obligations from the proceeds, defaults on payment or if there is a significant deterioration in his financial circumstances, in particular if an application for the opening of insolvency proceedings has already been filed or if payments have been suspended. In this case, the customer is obliged to provide the information required for collection, in particular to name the names and addresses of the third-party debtors as well as the assigned claims and to hand over the associated documents, as well as to inform the debtors (third parties) of the assignment.

In the event of seizures or other interventions by third parties, the purchaser must inform us immediately in writing so that we can take legal action. Any costs of interventions shall be borne by the purchaser.

In the event of a breach of contract by the customer - in particular in the event of default in payment - we shall be entitled to withdraw from the contract and to take back the delivery item at the customer's expense or, if applicable, to demand assignment of the customer's claim for return against third parties. After taking back the delivery item, we shall be entitled to realise it. The proceeds of the realisation shall be set off against the liabilities of the customer less reasonable realisation costs.

If the realisable value of our securities exceeds the claims to be secured by more than 10%, we undertake to release the securities to which we are entitled at the request of the customer. The selection of the securities to be released shall be incumbent upon us.

No Warranty

You expressly acknowledge that you are using the Service at your own risk and that all risk in respect of quality, performance, accuracy and effort is yours. To the fullest extent permitted by law, the Service and all services performed or provided through the Service ("services") are provided "as is" and "as available" with all faults and without warranty of any kind, and Rakt hereby disclaims all warranties with respect to the Service,  whether express, implied or statutory, including but not limited to the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement. Rakt does not warrant your uninterrupted enjoyment of the Service, that the functions contained in the Service or the services provided by the Service will meet your requirements, that the operation of the Service or services will be uninterrupted or error-free, or that defects in the Service or services will be corrected. No oral or written information or advice given by Rakt or its authorised representatives shall constitute a warranty. If the Service or services prove to be defective, you assume the entire cost of all necessary service, repair or correction.  Some jurisdictions do not allow the exclusion of implied warranties or limitations on consumers' statutory rights, so the above exclusions and limitations may not apply to you. 

Limitation of liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the web site, even if we have been advised of the possibility of such damages. 

Any further liability for damages than provided for in the foregoing is excluded, irrespective of the legal nature of the asserted claim.

The mandatory provisions of the Product Liability Act shall remain unaffected by these provisions. Furthermore, the above limitations of liability shall not apply in the event of bodily injury or damage to health for which we are responsible or in the event of loss of life of the customer.

Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives or other vicarious agents.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Web Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Web Site with whom you connected via the Web Site. 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

Intellectual property rights

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, Service designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. 

The Content and the Marks are provided on the Service “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Service, the Content and the Marks.

As a user of the Service, you agree not to: a) systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. b) make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences. c) use the Service to advertise or offer to sell goods and services. d) circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein. e) engage in unauthorized framing of or linking to the Service. f) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; g) make improper use of our support services or submit false reports of abuse or misconduct. h) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. i) interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service. j) attempt to impersonate another user or person or use the username of another user. k) sell or otherwise transfer your profile. l) use any information obtained from the Service in order to harass, abuse, or harm another person. m) use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavour or commercial enterprise. n) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service. o) attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service. p) harass, annoy, intimidate, or threaten any of our employees or producers engaged in providing any portion of the Service to you. q) delete the copyright or other proprietary rights notice from any Content. r) copy or adapt the Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. s) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service. t) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). l) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software. m)disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service. n) use the Service in a manner inconsistent with any applicable laws or regulations. 

User generated contributions

The Service may invite you to contribute to, message, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). 

Contributions may be viewable by other users of the Service and through third-party Services. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Service, and other users of the Service to use your Contributions in any manner contemplated by the Service and these Terms and Conditions.
  3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Service and these Terms and Conditions.
  4. your Contributions are not false, inaccurate, or misleading.
  5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. your Contributions do not violate any applicable law, regulation, or rule.
  10. your Contributions do not violate the privacy or publicity rights of any third party.
  11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Service in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Service. 

 

Contribution License

By posting your Contributions to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Service. 

You are solely responsible for your Contributions to the Service and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.  

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Service; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. 

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

Grant of Licence

Rakt grants you a non-transferable, non-exclusive and revocable licence to use the Service on your Device and to use the Service in accordance with the terms and conditions set out in this Agreement.  The Service is licensed and not sold to you. Except as expressly set forth in this Agreement or otherwise in writing by Rakt, you do not acquire any right, title or license in or to the Service or any data, software, content, applications or materials accessed or incorporated into the Service. This Agreement does not grant you any rights to any updates or upgrades to the Service or any maintenance updates, patches, bug fixes, enhancements or improvements (collectively, "Updates") to the Service developed by Rakt. Except to the extent required by applicable law, this Licence does not entitle you to receive any maintenance or support services in relation to the Service.  Rakt may provide Updates and/or Support. If provided by  Rakt, updates may be delivered automatically or you will be notified when  we may make such updates available. You authorise Rakt to automatically deliver any Update if we believe it is necessary to ensure the functionality of the Service and for any reasonable business purpose. Your use of the Updates is subject to this Agreement unless you are asked to agree to new or additional terms. You also agree that you may be required to enter into a renewed version of this Agreement if you wish to use a new or modified version of the Service.

You agree to the following licence restrictions: (a) to use the Service solely for your personal use; (b) not to  use the Service on any device that you do not own or control; (c) not to reproduce, copy or distribute the Service except as necessary to use it on your device; (d) license, sell, rent, lease, loan, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Service or make it available to any third party; (e) use the Service for any fraudulent, unlawful or illegal activity or in any way that would harm the Service or interfere with anyone else's wireless network or use of the Service; or (f) use the Service in any way that would interfere with any other person's use of the Service.  (g) not to modify, translate or create derivative works based on the Service, disassemble, decompile or reverse engineer any part of the Service, except as expressly permitted by law, and then only to that extent; (h) not to circumvent any technical limitations in the Service; (i) to enforce our intellectual property rights or those of any third party in relation to your use of the Service. You acknowledge that all intellectual property rights in the Service throughout the world belong to Rakt  that the rights in the Service are licensed (not sold) and that you have no rights in or to the Service other than those that are in accordance with the terms of this Agreement. 

Service Management

We reserve the right, but not the obligation, to:

(1) monitor the Service for violations of these Terms and Conditions; 

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; 

(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; 

(4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; 

(5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

Term and termination

These Terms and Conditions shall remain in full force and effect while you use the Service. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the Service or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. 

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications And Interruptions 

We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. 

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. 

We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. 

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. 

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

Place of performance and jurisdiction

Unless otherwise stated in our order confirmation, our place of business shall be the place of performance.

Our registered office shall be the exclusive place of jurisdiction for all claims or disputes arising from this contract. However, we are also entitled to sue the customer at the court of his place of residence/business.

Applicable law and partial invalidity

The contracting parties agree that this contract and all legal consequences relating to it shall be governed exclusively by India law. Foreign law and international agreements shall not apply. The application of the Hague Uniform Laws on the International Sale of Goods is excluded.

Should individual provisions of these Terms and Conditions of Sale be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby. In such a case, the corresponding provision shall be implemented in a manner that corresponds as closely as possible to the economic purpose of the invalid provision.

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