Terms and Conditions

General Terms and Conditions and Refund Policy.

Terms and Conditions

1. Scope

These terms & conditions apply to purchases of software sold to any person through this website (i.e. www.espytechnologies.in) by Espy Technologies. IF YOU PLACE AN ORDER ON THIS WEBSITE YOU AGREE TO THESE TERMS.

2. Offer, Order and Acceptance

All prices and descriptions mentioned on this website do not constitute an offer and may be withdrawn or modified at any time prior to Espy's acceptance of your order. Espy cannot guarantee that all Products (including download links, license keys, codes or Backup CDs, hereafter named generically product (s)) are in stock, but is doing its best to ensure availability of the products.

Espy reserves without liability the right to reject your order if is not able to process or fulfill it. In this case Espy will refund any prior payment that you have made for that product. Any order submitted by you to Espy is an offer to purchase products on these conditions and is subject to Espy's acceptance. Espy's acceptance of your order takes effect and the contract is concluded when Espy delivers your order. You declare that all and any information provided by you when placing an order is up-to-date and materially accurate in order for Espy to fulfill your order. You are responsible for maintaining and updating your account information for accuracy and completeness and keeping such information and any passwords secure against unauthorized access.

3. Price and Payment

Prices payable for Products are those in effect at the time of receiving the order, unless otherwise expressly agreed or mentioned. Prices will be indicated on the website but the final and the right price in the event of any discrepancy is the price that is notified to you on Espy's Acceptance of your order.

Espy reserves the right prior to the order Acceptance to withdraw any discount and/or to modify prices to take into account increases in costs including (without limitation) costs of any materials, delivery, the increase or imposition of any tax, duty or other levy and any variation in exchange rates. Programming or data errors in our website may lead to inaccuracies in pricing. When the price is inaccurate or substantially under the market price, Espy will, in general, honor the orders at that price, but reserves the right to correct the price and offer to sell the product to you at the correct market price.

Espy will notify you of any errors in pricing prior to product delivery. In such event if you choose to continue with your order, you accept the new conditions and prices as notified by Espy. Prices (unless stated otherwise) are in the currency quoted on the website.

The places that we deliver to are listed on the website and unless otherwise specified, prices quoted are the following and you agree to pay them:

 

  1. exclusive of the costs of shipping or carriage to the agreed place of delivery
  2. exclusive of VAT and any other tax or duty which must be added to the price payable (VAT will be shown on the order);

Payment shall be made prior to delivery and by such methods that are indicated on the website or by any other method expressly agreed by Espy. Espy will charge credit or debit cards online, after the order is placed and the credit card information is provided to Espy. Espy reserves the right to verify the credit or debit card payments prior to acceptance. In case of non-payment, Espy can claim the Products delivered from you.

4. Delivery

Delivery dates specified on the website, in any order acceptance or elsewhere are estimates only. Espy will not be liable in respect of delay, but it is doing its best to ensure the delivery on time. In case Espy may not be able to deliver the products, your payment will be refunded on your written request.

No physical delivery of the product/ CD/ Manual/ Codes will be made to you. You will be provided with a link specially generated for you to download the product. Serial number will be mailed to you on the e-mail ID provided by you at the time of placing of an order. You must check the delivery address on the Espy’s acceptance provided to you and notify Espy at once about errors or omissions.

 

If you fail to take the products delivered by Espy, any risk of loss or damage will pass to you and Espy (without any liability) will have the right of payment in full for the products delivered and/or to make delivery by any means appropriate and/or to store products at your risk, but you may be liable to pay on demand of Espy all costs of product storage and any additional costs incurred as a result of such refusal or failure to take delivery.

Espy will be entitled for 30 days after the agreed date of delivery to dispose the products in such manner as it considers. If we deliver products by download, each download of a product constitutes a separate contract and if you downloaded the Product you are not entitle to revocation or to cancel in whole or part the contract in case of any defect. The risk of loss or damage passes to you on delivery of the products.

5. Software conditions

Software Products supplied is or includes license (EULA) along with the products. Such Software Products can be used only in accordance with EULA and may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, save, reverse engineered or combined with any other software, unless (i) this is permitted by EULA, or (ii) expressly permitted by applicable law. Any technical questions regarding the product may be address as specified in EULA.

 

 

 

 

6. Disclaimer of WARRANTY


We warrant to our commercial users that our Product is free from material defects for a period equal to the lesser of your license term set forth on your applicable Software Order Form or one and half years from the date you received our Product.

A warranty for defects is not provided to private users, unless the defect was maliciously concealed. Any supplements or updates to our Product, including any service packs, patches or fixes provided to you and any third-party proprietary or open source software contained in our Software are not covered by any warranty. They are provided “as is”. This warranty is specifically for you and cannot be transferred.

The above regulations will not affect any other rights you have by law. Rectification is free of charge for you. Warranty claims are excluded, if failure of our Product results from accident, abuse, misapplication, abnormal use, a virus, or use after an upgrade was made available to you.

 

EXCEPT AS OUTLINED ABOVE, OUR PRODUCT IS PROVIDED TO THE USER “AS IS”. WE DO NOT GUARANTEE THAT THE SPECIFICATIONS OR FUNCTIONS CONTAINED IN OUR PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF OUR PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN OUR PRODUCT WILL BE CORRECTED. WE DO NOT GUARANTEE THAT THE PRODUCT WILL WORK WITH THIRD-PARTY PRODUCTS. FURTHERMORE, WE DO NOT GUARANTEE THAT THE PRODUCT OR SPECIFICALLY DESIGNED VERSIONS WILL CONTINUE TO BE AVAILABLE THROUGH THIRD-PARTY ONLINE STORES OR MARKETS, OR FOR SPECIFIC DEVICES OR SYSTEMS MANUFACTURED BY THIRD PARTIES.

7 Limitation of Liability

IN NO EVENT SHALL ESPY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF ESPY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SERVICE. ESPY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE TELEPHONE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SERVICE. ESPY ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SERVICE OR THE SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. YOU AGREE THAT YOUR USE OF THE SERVICE AND YOUR CONTACT, INTERACTION, OR DEALINGS WITH ANY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. ESPY IS NOT RESPONSIBLE FOR, AND WILL NOT BE HELD LIABLE FOR, THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY OF THESE RETAIL SELLERS FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOSS, THEFT, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. YOU AGREE THAT THESE LIMITATIONS STATED HEREINABOVE SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL EPSY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO ESPY OR A MERCHANT AFFILIATE, IF ANY, OR (B) $50 (WHICHEVER IS LESS).

 

YOU AND ESPY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVENBY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND TALLY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE FAIR AND REASONABLE.

 

8. Termination

Espy can suspend or stop delivery of products in case you commit any act of bankruptcy (e.g. deed of arrangement with creditors, winding-up against you) or if we believe that you cannot pay your debts. Espy also can in these cases terminate your order by a written notice send to you by email or fax.

9. Title to products

The title of the Products will be passed to you at the time the payment in full of the price of the order (including interest or other payment due for the Product) has been made by you and entered into the Espy bank account.

10. Complaints

You are responsible upon delivery for checking Products delivered by Espy and verifying their condition, accordance with their description and complete only with respect to apparent defects and apparent short deliveries. If you fail to notify Espy about such failure in writing within 15 (fifteen) days, your rights arising from defective products or short delivery are excluded.

 

 

11. Revocation an order (only for consumers)

YOU WILL HAVE AS A CONSUMER A "LEGAL PERIOD" OF 15 (FIFTEEN) DAYS DURING WHICH YOU MAY REVOKE YOUR ORDER FOR ANY REASON WITHOUT REASONS, WITH A WRITTEN NOTICE TO ESPY AS SPECIFIED IN THE CHAPTER 12 - "NOTICE".

YOU HAVE NO RIGHT TO REVOCATION:

  1. WHERE YOU HAVE UNSEALED THE SOFTWARE.
  2. WHERE YOUR ORDER CAN NOT BE RETURNED BECAUSE OF THEIR NATURE, E.G. DOWNLOAD PRODUCTS OR IS CUSTOMIZED SPECIFICALLY TO YOUR ORDER.

If you exercise the revocation right, you are required to return the relevant products to Espy and Espy will reimburse your prepayments. If you are not able to return the products or if the products returned are defective, you are required to pay compensation, equal to the value of the products plus any other expensive made by Espy in order to comply with your revocation right. Where wrong products have been delivered to you, Espy will bear the costs of returning the products regardless of the value of your order. Any compensation payments for damaged products have to be made by you within 30 days after you have given your declaration of revocation.

The product must be returned to the Espy address stated on the delivery note that was accompanied with the product.

THE RIGHT TO REVOCATION TERMINATES IF THE PRODUCTS/SERVICES ORDERED BY YOU COMMENCE WITH YOUR AGREEMENT BEFORE THE LEGAL PERIOD EXPIRES (E.G. DOWNLOAD OF PRODUCTS).

 

12. Authorizations

You have the obligation to obtain at your own expense any license or authorizations required by any legal authority for acquisition, delivery or use of the products, and if necessary produce evidence to Espy. You should be liable for all expenses or charges incurred by Espy from your failure to obtain such license or authorizations. You are also liable for complying with export control and custom duties laws and regulations in the territory where you order the delivery or use the Product.

13. Notices

Any notification or any other communication made in connection with our contract shall be in written form and considered as duly sent or adequately issued if it is sent by mail, fax or email in accordance with the contact data mentioned in this website for Espy, and in accordance with your latest contact data notified to Espy. Any notification shall be considered as sent the following Working Day if sent by fax or email, and the 3rd working day from delivery if sent by mail, or courier service.

14. Applicable law

All and any disputes arise out of or in connection with our contract will be settled first amiably in maximum 30 days from starting. If the amiable negotiations fail any such disputes shall be settled by the law and the courts from the territorial jurisdiction of Espy office, as the case may be.

15. General terms

The provisions of these Terms are separated and the lack of validity of any provision will not affect whatsoever the validity of the other provisions. This Term represents the freely expressed will and it is the only Terms between Espy and You, while any previous Terms, whether written or oral, are not obligatory, except the cases they are included therein. Espy reserves the right to change the present Terms from time to time while it provides notice of material changes on present website. Your continued order, placed on this website, after such notice has been posted constitutes your acceptance of the changes. You are not entitled to transfer or assign your right and obligations under these Terms to a third party, without the written approval of Espy.

 

Want to discuss a Project (Desktop/Mobile or Web Application)?

If you have any requirement for a customised Solution: be a Website, Application, Mobile App or Ecommerce solution that you wish to discuss, send us your requirement details to:
info@espytechnologies.in or call us at: +91-9816128313.
We look forward for your message or call.

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