·         The website https://www.sipune.com/  (“Website”) is owned and managed by Sharada Business Solutions  Private Limited, a company incorporated under the Companies Act, 2013 (hereinafter referred to as “Company” or “SBSPL” or “We” or “Us” or “Our”). These terms and conditions of use (“Terms of Use”) are between the Company and the users / browsers / registrants of the Website (“You” or “Your” or “Users”).

·         By using the Website, You are agreeing to comply with and be bound by the Terms of Use. Please review the following Terms of Use carefully. If You do not agree to these terms, You should not use the Website or review information or subscribe to any products/ services/ offerings from this Website.
 

·         These Terms of Use constitute a legally binding agreement between Us and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, mobile application, the content, products, or services provided by or through the Website. These Terms of Use may be amended from time to time by Us without specific notice to You. The latest Terms of Use will be posted on the Website, and it is Your responsibility to review these Terms of Use periodically for updates / changes.
 

·         This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

USE OF THE SERVICES AND ACCOUNT REGISTRATION

·         You may access and use the Services in accordance with this Terms of Use. You will comply with the terms of this Terms of Use and all laws, rules, and regulations applicable to your use of the Services.

·         Subject to compliance with these Terms of Use, SBSPL grants You a non-exclusive, limited privilege to use this Website. SBSPL will make all endeavors to ensure that availability and use of the Website is available to You without any interruptions at all times. Your access to the Website may be occasionally be suspended or restricted to all repairs, maintenance or introduction of new facilities without any prior notice to You. SBSPL reserves the right to refuse access to the Website to new Users or terminate access granted to existing Users at any time without according any reasons for doing so.

·         You may be able to avail certain services through the Website only if You have created an account (“Account”). At the time of creating an Account, SBSPL may require You to provide certain account information (“Account Information”). You shall ensure that the Account Information provided by You is complete, true and accurate. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SBSPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SBSPL has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof). However, SBSPL reserves the right to allow restricted access to the Service for unregistered users. Accounts are for your personal use only and you will not sell, transfer, or sublicense them to any other entity or person.

·         You are responsible for all activities that occur under Your Account, regardless of whether the activities are authorized by You or undertaken by You, Your employees, or a third party.

·         SBSPL shall not be responsible for your failure to comply with the above. You may be held liable for any loss incurred to SBSPL or any other third party due to any authorized or unauthorized use of Your Account.

SERVICES

·         For the purpose of the Terms of Use,
i. “Products” means IT products including electronics, Biometric Product,  Display Pen Tablet, and/or Graphic Pen Tablet.
ii. “Services” shall mean and include any services provided by the Company for you to take the Products on rent that are offered on the Website.
iii. “SBSPL Partner” means any company, vendor, third party, and brand which is on boarded by the Company on its platform to provide the Products to the User on rent.

·         The SBSPL Partner shall identify their respective SKU’s along with the quantities that they want to place on the Website. You shall be entitled to order the Products on rent, only from the available inventory and accordingly avail the Services offered by this Website upon creating an Account.

·         The Terms of Use grant You the limited right to use the Products provided to You on rent for Your personal use by availing the Services as per this Terms of Use. These products are not meant for use by commercial businesses unless otherwise specified by SBSPL in writing. You shall not further rent and/or deal with the Products in a manner that is not specifically permitted under the Terms of Use.

·         The Products offered to You are the sole property of their brands and/or companies and/or SBSPL Partner and do not in any manner confer any legal rights to You. It is clarified that the brand and/or companies and/or SBSPL Partner providing the Product on rent through the Website as the owner of the Product, subject to applicable law, reserve the right to recover/re-possess the Product (by itself or through its authorized representative) in case of any misuse, fraudulent activity, and/or expiry and/or termination of this Terms of Use.

·         By agreeing to the Terms of Use, You agree to the Company using and/or sharing the feedback, suggestions, comments, and grievances provided by You for improving the Services.

·         In order to complete the process of placing Your order for any Product(s), You shall mandatorily provide the following documents to SBSP Land in furtherance thereto, SBSPL shall be entitled to collect and verify the same prior to issuing the Product(s) to you. Representative list of documents is as mentioned below. List of documents acceptable toward the above Proof(s) may change from time to time and shall be updated on the SBSPL Website.
i. Address proof – Aadhar Car, Driver’s License, Latest Electricity Bill
ii. ID Proof - PAN Card/Aadhar card/Passport/Driver’s License – anyone
iii. Bank statement – last three months

FEES AND PAYMENT

·         You as an end user/customer shall pay an advance rental charge to the Company. Advance rental charges may be applicable for the entire duration of the rental contract, or for individual successive months, as defined by SBSPL.

·         If advance monthly rentals are applicable, you shall pay the rental charge on 1st of every month. For this purpose, 1st of every month will be considered as the Due Date of the Advance Monthly Rental.

·         Payment made beyond the Due Date shall incur a late fee. Late fees shall be levied on the unpaid rental due amount only. The late fee of 1% per week shall be applied on the pending amount for the period of delay in payment beyond the Due Date.

·         In the case of ready-to-use products, the rental charge shall start from the day the Product is delivered to You by SBSPL/ SBSPL’s Partner.

·         In case of Products, which require an installation, the rental charge shall start from the day the Product is installed by SBSPL/ SBSPL’s Partner.

·         In case the Products are delivered anytime during the month, the first month shall be calculated on a pro-rata basis from the date of delivery until the last day of the first month. In case of order expiry or termination or early cancellation, the last month’s rental shall be calculated on a pro-rata basis until the date of pickup of the Product from You/User.

·         You shall make all payments to directly to SBSPL only unless otherwise specified in writing by SBSPL.

·         In the event, that the You/User does not make payments to SBSPL or does not return the Products and is not traceable, in addition to any other right of SBSPL, the You/User agrees that SBSPL shall have the right to reach out to the You/User’s relatives, friends, employer, offices and shall inform them about the You/User’s default. The You/User hereby agrees that SBSPL shall not be liable for any inconvenience or loss caused to the You/User for such action by SBSPL.

·         You/User may make payment using online/electronic payment facilities available on the Website. You/User may avail of the auto debit facility for recurring payments or payments at their convenience by enabling autopay on the SBSPL’s website. SBSPL shall be entitled to recover any statutory charges and/or costs from you in case of any transactional failures.

·         In the event of any failure in transactions, then You may contact your bank. SBSPL’s customer care executives will assist you with the required details that the You may require, which however shall be subject to the availability of information on SBSPL’s system. SBSPL shall not, in any manner, be responsible or liable for any loss or damage incurred by the You due to such failure in transactions, including any delay in processing the transactions and transactions beyond the control of SBSPL.

·         You hereby expressly authorize SBSPL and/or the SBSPL Partners and/or its business associates to collect, facilitate and process payments.

·         In the event of any suspicious and/or fraudulent activity in the User’s registered account, SBSPL may block your account until the due resolution of the same. SBSPL reserves the right to suspend or terminate the subscription of any You/User.

TAXES

·         All fees and charges payable pursuant to this Agreement will be exclusive of applicable national, state, or local indirect taxes (“Taxes”) that SBSPL is legally obligated to charge under the applicable laws. For the purpose of this Clause, local indirect taxes include Goods and Services Tax (“GST”), which includes the Central Goods and Services Tax (“CGST”), the State Goods and Services Tax (“SGST”), the Union Territory Goods and Services Tax (“UTGST”), the Integrated Goods and Services Tax (“IGST”) as may be applicable. The Taxes charged by SBSPL will be stated in the invoice pursuant to applicable laws. SBSPL may charge and you will pay any applicable Taxes, which are stated separately on the invoice.

·         As per the statutory requirement under GST, you will provide all necessary information such as the correct GST registered address, legal name, and GSTIN (“GST Information”) in order for SBSPL to issue correct GST invoices as per the applicable legal requirements. In the event, the GST invoice is incorrect, you will inform us in a timely manner, to enable SBSPL to correct the GST tax invoice. SBSPL will determine the place of supply for the Services based on the GST Information provided by You and accordingly, charge GST (CGST and SGST/UTGST or IGST) on its invoice.

·         Any withholding taxes that may be applicable to the fees and charges payable to Us are for Our account. You will pay the fees and charges in our invoice in full (gross) without applying any withholding taxes. If You separately deposit applicable withholding taxes on such fees and charges to the applicable government treasury and issue us a withholding tax certificate evidencing such deposit, following receipt of the withholding tax certificate in original form, We will reimburse to You an amount equal to the taxes that are evidenced as deposited.

SECURITY DEPOSIT

·         In addition to the rent payment, You shall pay a refundable security deposit (“Security Deposit”) equivalent to 3 (three) months’ rent of each of the Products to be rented by You.

·         The User shall pay an additional Security Deposit, in case he/ she may decide to rent any other Products as per the instructions/invoice raised by SBSPL.

·         The Security Deposit is an interest-free and refundable deposit – it is clarified that this amount shall not carry any interest for the entire tenure.

·         The Security Deposit shall be refunded to You after verifying and taking delivery of all the Products from Your possession. Once the final quality check is performed on all the Products, and in case no damage is found, the Security Deposit shall be refunded within 15-21 working days to You.

·         SBSPL shall refund the Security Deposit to the account from which initial the Security Deposit was paid by You, in case You wish to get the refund to any other account, You shall provide the details of the account to SBSPL via e-mail from Your registered e-mail address, prior to the pickup of the Products. The same account details shall be confirmed at the time of the reverse pick up of the Products.

·         In case any damage is found in any Product or the Product has not been returned to SBSPL, SBSPL shall have the right to deduct at its sole discretion reasonable charges for the damages or monthly dues from the Security Deposit paid by You and shall refund the remaining amount to You. It is clarified that SBSPL is entitled to deduct any cost from the Security Deposit in relation to a damaged Product (other than expected normal wear and tear of the Product in the ordinary course of use) before the refund of the said Security Deposit is made to You. The deductions shall be made to ensure that the Product is repaired by the brand and/or companies so that it is in good working order.

·         In case of default in the payment of monthly rentals (including late fee), SBSPL shall have the right to deduct such rental dues from the Security Deposit and may at its sole discretion refund or forfeit the remaining balance of the Security Deposit. You cannot request for the monthly invoice dues to be adjusted from the Security Deposit.

ORDER CONFIRMATION

·         On receipt of the order, rent amount and the Security Deposit, SBSPL shall confirm the order with You by sending a confirmation to Your registered e-mail address. In the event, that any Product selected by You is unavailable, SBSPL shall inform the same to You. The order placed by You shall be processed subject to successful verification of the KYC (Know Your Customer) as per SBSPL policy. In case the KYC verification is not successful or for any other reason whatsoever, SBSPL reserves the right to reject the User’s order any time prior to delivery, at its sole discretion without assigning any reason. In the event the order is rejected by SBSPL, the Security Deposit paid by the You/ User shall be refunded to the You/User. The You/User authorizes SBSPL to verify all the details provided by him/her and verify his/her credit score by evaluating their credit report with the help of any credit bureau and/or any other third party.

DELIVERY

·         Upon confirmation of the order, the Products shall be delivered to the location specified by You in Your order within 5 to 7 business days from the date of placement of order. The cost of the delivery shall be borne by the SBSPL, Partner, or the You – as specifically mentioned for the various Products under consideration. You shall be present at the location and at the time of delivery as agreed between SBSPL and You. In case You are unavailable at the time of delivery You shall appoint a representative (give an authorization letter) for taking delivery of the Products and the same shall be communicated to SBSPL prior to the delivery. The representative shall provide a copy of his/her ID (Identification) proof and authorization letter from You to the delivery personnel assigned by SBSPL. In case You are not present or has not assigned a representative for taking delivery, at the location and a second delivery attempt is required, SBSPL shall charge an extra delivery cost to You.

·         SBSPL or SBSPL’s Partner shall inspect the quality and ensure that the Products are working and in usable condition before the delivery of the Products to You. The You/User or its appointed representative shall inspect the Products for any damage and quality during the time of delivery.

·         In the event of any deficiency in the Product(s) and subject to availability of the Products, we shall endeavor to replace or repair the Product(s) as per the terms and conditions of this Terms of Use. In case any Product is damaged during transit or unfit for use, SBSPL’s Partner shall replace the same at its own cost and in case a replacement is not required, such damage shall be noted in the delivery receipt and a photo of the same shall be taken for record. In case any claim of damage is brought against the Product after the acceptance of delivery by You, You shall inform SBSPL of this damage, within 24 (twenty-four) hours of delivery/ installation of the Product, as the case may be. SBSPL shall not be responsible for any damage caused to the Product, in case You informs SBSPL of the damage, beyond 24 (twenty-four) hours. In such cases, the Company shall not be liable for non-availability and delayed delivery of any Product.

·         Please note that referring to any particular product, publication, or any other service or referring to any third party by their trade name, or trademark does not constitute or does not promote the recommendation or endorsement of any Product(s).

RETURN, REFUND, AND CANCELLATION

·         SBSPL is not in any case an installation provider on behalf of the SBSPL Partner.

·         All installations and repairs are taken care of by the SBSPL Partner/Brand. SBSPL mentions which Products require installation and also lists the one-time installation fee to be paid by You directly to the SBSPL Partner assigned installation SPOC that installs the Product.

·         You shall have the option to seek a replacement of the Product delivered in case of a non-functional Product and SBSPL agrees to enable replacement of the Product with another unit of the Product with same functionality subject to receiving back the Product in good physical condition free from physical damages and/or breakages. The Product replacement will be done by the SBSPL Partner.

·         You are solely responsible for conducting a diligent research about the quality of output from the Product being rented. For example, if the temperature of coffee is not to your liking, however consistent with the temperature as per product design of the Brand, the Product shall be deemed as functionally appropriate and not damaged or malfunctioned.

·         You will have a period of 3-days (counted from the date of delivery of the Product) to raise a request for returning the Product. When approved, SBSPL will issue a refund after deducting a processing / cancellation fee of 8%. Unless such request is raised within 3-days of receipt of the Product, the Product shall be deemed as acceptable and You will be liable for the Rent payment for the entire duration of the Rental order. Cancellation Fee is applicable to cover the administrative and logistics charges

·         In the scenario that You request cancellation of Your order before the product has been shipped, and the cancellation is approved before the Product is shipped, the cancellation charges will be 3% of the total amount paid. Cancellation Fee is applicable to cover the administrative charges.

·         After ordering the Product and making the payment online, You will be responsible to complete the KYC process as defined. If the KYC process is not completed within 5-working days, SBSPL at its sole discretion may cancel the order and initiate a refund to You. 3% Cancellation Charges will be deducted from the total amount paid by You to cover the Administrative Charges and remaining amount will be refunded.

·         In all the scenarios, SBSPL will refund the relevant amount payable back by You, if applicable, through the same source from which the payment was made by the You/User to SBSPL. Please note that it may take up to 5-7 business days for the payment to reflect in the Your/User’s account.

·         Upon accepting Your request to cancel the order, SBSPL’s Partner shall organize to have the Product picked up from the address where the Product was originally delivered.

·         30 (thirty) days before the end of Your rental tenure You may either:

·         i. extend your rental period; or

·         ii. return your Product; or

·         iii. buy /purchase the Product that you are currently using.

·         You will provide a response to our notice of termination of the rental tenure within 5 days of issue of the notice. In the event that You fail to respond within the aforesaid period, a pro-rated rental amount will be charged for all the extra days You have the product beyond the end of the rental contractual period.

·         If You extend Your rental period, You let Us know the extended term of the rental period and We will update Your contract and bill You accordingly.

·         When You choose to return Your Product, We will ask You Your preferred date and time to have it picked up from Your delivery address (over  WhatsApp and under “My Orders” on the website)
iv. You will need to inform Us if Your pickup location is different from Your delivery address.
v. You will need to package the Product in its original packaging. If You do not have the original packaging of the Product, the same will be provided to You by Us or the SBSPL Partner at an additional cost.

·         Upon receipt of a request from Us, You will send Us a picture and/or a video of the Product as a quality check to confirm the condition of the Product - this will help secure the release of Your security deposit and also insure against damages in transit. You may also be asked to share a video of the working Product.

·         If You choose to buy the Product, We will offer You a discounted price to do so.

·         Upon Completion of the Rental duration, it is Your responsibility to ensure that Product is returned to SBSPL and You cooperate with the Return process as outlined by SBSPL.

DAMAGE

·         You hereby agree that in case of any damage caused to the Product or theft (including disappearance) or loss, he/ she shall be liable for repair and replacement cost of the Product. In the event, the Product is stolen or damaged beyond repair, You shall be liable to pay SBSPL the market price of the Product. SBSPL shall ascertain the extent of the damage and applicable penalty for such damage on the receipt of the Products from the User. Any removal, alteration, disfiguring, or covering of any numbers, lettering, or insignia displayed on any Product shall be considered as damage to the Product and shall be chargeable against You. Minor scratches and chipping to the Products shall be considered as normal wear and tear. In the event You fail to return the Product in a good condition, then SBSPL or SBSPL Partner will have the right, in its sole discretion, to take any or all of the below actions to the extent permitted by law – (1) Initiate process to legally recover the Product, (2) File a complaint and FIR before the appropriate legal authorities and pursue all possible legal actions, (3) Report to banking institutions including but not limited to banks, credit agencies in a manner that may have an impact on Your credit score.

INSPECTION

·         SBSPL via itself or its authorized personnel reserves the right to inspect the Product delivered to You while the Product is in Your possession. SBSPL shall provide reasonable prior intimation to You regarding the visit for inspection of its representative to avoid any inconvenience to You. You shall ensure that the representative of SBSPL is provided with proper access to all the Products/premises for inspection.

·         SBSPL will reach out to the customer over WhatsApp through their business account to confirm order, provide tracking details, for grievance/query resolution and for quality checks.

INTELLECTUAL PROPERTY

·         The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Website are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by the You / User of any such matters or any part of the Website is strictly prohibited. The You/User does not acquire ownership rights to any content, document, or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right to such information and materials.

·         The You/User may view, copy, print, and use content contained on this Website solely for its own personal use and provided that:
i. the content available from this Website is used for informational and non-commercial purposes only.
ii. no text, graphics, or other content available from this Website is modified in any way.
iii. no graphics available from this Website are used, copied, or distributed separate from accompanying text
iv. no content available from this Website may be used for any purpose which is offensive, or which disparages, damages or otherwise negatively reflects upon SBSPL, its employees, or its management.

·         Nothing contained herein shall be construed as conferring by implication, estoppels, or otherwise any license or other grant of right to use any patent, copyright, trademark, or other intellectual property of SBSPL or any third party, except as expressly provided herein.

·         SBSPL reserves the right in its sole discretion to edit or delete any documents, information, or other content appearing on the Website. Trademarks mentioned on the Website are either trademarks or registered trademarks of SBSPL.

SHARING YOUR INFORMATION

·         It is specifically clarified to the User that SBSPL shall be sharing the information including financial data and information received from the User with SBSPL Partners and/or financing partners and the User hereby grants its explicit consent for the same. Also, the information received from the User may be stored by SBSPL (either directly or indirectly using its technology partners) even after the expiry of the Terms of Use with the User, and the User hereby explicitly consents to the same. Please refer to the Privacy Policy for more information on this.

·         You hereby permit us to use all communication by You with Us or Our team or Our partners, support staff - including but not limited to through WhatsApp, email, text messages, chat, instagram, for usage by Us in one or more social forums as Our intellectual property without any further notification to the User.

USE OF WEBSITE

·         You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.

·         You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website.

·         You may not reverse look-up, trace, or seek to trace any information on any other You/User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

·         You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the term SBSPL or otherwise engage in any conduct or action that might tarnish the image or reputation, of SBSPL or otherwise tarnish or dilute any SBSPL’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.

·         You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

·         You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SBSPL.

RELOCATION

·         In case You wish to relocate or remove the Product(s) from the registered address, a request shall be made to SBSPL 3-weeks prior to the date You wish to relocate the Product along with the address proof of the new address. Once the request is raised, SBSPL shall remove or relocate the Product through its personnel only as per the mutually decided date with You. Relocation shall be subject to successful verification of the KYC of Your new address. Such a relocation will be permitted once for every 6 (six) months duration of the Rental Period signed up for.

TERM AND TERMINATION

·         These Terms of Use shall be effective from the date of their publication on the Website.

·         You agree that the Term shall mean a period not less than 3 (three) months and a maximum up to 2 (two) years (“Term”) during the process of placing an order with SBSPL for renting each Product. No Product would be available for rent for a period beyond the Term unless specifically and expert authorized by the Company.

·         SBSPL shall have the right to terminate this Agreement immediately in the following events;
i. default of payment of rental dues or any other payment dues by You;
ii. if it believes, in its sole discretion, that You have breached any of the Terms of Use read with the Privacy Policy.

·         Notwithstanding any other terms of this Agreement, SBSPL shall have the right to terminate the Terms of Use without any cause.

CONSEQUENCES OF TERMINATION

·         SBSPL shall have the right to take possession of the Products delivered to the You/User immediately;

·         Any payment pending from the You/User shall become payable immediately to SBSPL.

·         The Security Deposit paid by You shall be refunded to You post deductions if any as per the terms contained herein.

OWNERSHIP OF PRODUCTS

·         SBSPL’s Partner shall at all times during the Term, retain title to and/or be the beneficial owners of the Products delivered to the You/User, pursuant to the Terms of Use. Nothing in the Terms of Use shall be construed as a transfer of ownership of the Products to the You/User. Please be put on notice that all warranties related to the Product shall be at all times the liability of the SBSPL Partner and that the Company shall not be responsible for the same in any manner whatsoever. It is clarified that the brand and/or companies providing the Product through SBSPL as the owner of the Product, subject to applicable law, reserve the right to recover/re-possess the Product (by itself or through its authorised representative) in case of any misuse, fraudulent activity, and/or expiry and/or termination of this Terms of Use.

·         You are deemed to have carried out to your satisfaction diligence on the Product, its seller/manufacturer, genuineness of the Product, terms of warranties offered, etc. before placing an order and that SBSPL is in no manner responsible or provides any guarantee in relation to the same.

INDEMNITY

·         The User shall indemnify, defend and hold SBSPL, its affiliates, holding companies, group companies, subsidiary companies, officers, directors, employees, consultants, licensors, agents, and representatives harmless from and against any claim, demand, cause of action or loss, or liability (including, but not limited to, attorneys’ fees and costs) arising from the Your access to or use of the Website or the Services, violation of these Terms of Use, or infringement of any intellectual property or other rights of SBSPL or any third-party or breach of applicable laws or for any Product damage or personal injury arising from the User’s use of the Product by any cause, except to the extent such is caused by SBSPL’s negligence or willful misconduct.

·         The provisions of this clause shall survive the termination of the Terms of Use with respect to any claim or liability accruing before such termination. In no event shall SBSPL be liable for any direct, indirect, special, or consequential loss or damage arising out of You/User’s use of the Products.

DISCLAIMERS

·         The Services are provided “as is.” Except to the extent prohibited by law, or to the extent any statutory rights apply that cannot be excluded, limited, or waived, we and our affiliates and licensors (a) make no representations or warranties of any kind, whether express, implied, statutory or otherwise, regarding the Services and (b) disclaim all warranties, including any implied or express warranties (i) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, (ii) arising out of any course of dealing or usage of trade, (iii) that the Services will be uninterrupted, error-free or free of harmful components, and (iv) that any content will be secure or not otherwise lost or altered.

·         As a means to assist you in identifying the Products of Your choice, SBSPL provides visual representations on the Website including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics, and other visual aids. While reasonable efforts are made to provide accurate visual representations, SBSPL disclaims any guarantee or warranty of the exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to You. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that Your computer monitor's display of any color will be accurate. The appearance of the Product when delivered may vary for various reasons.

LIMITATIONS OF LIABILITY

·         We and our affiliates and licensors will not be liable to you for any indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, revenues, customers, opportunities, goodwill, use, or data), even if a party has been advised of the possibility of such damages. Further, neither We nor any of Our affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with: (a) Your inability to use the Services, including as a result of any (i) termination or suspension of this Agreement or Your use of or access to the Services, (ii) Our discontinuation of any or all of the Services, or, (iii) any unanticipated or unscheduled downtime of all or a portion of the Services for any reason; (b) the cost of procurement of substitute goods or services; (c) any investments, expenditures, or commitments by you in connection with this Terms of Useor your use of or access to the Services; or (d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of your contentor other data. In any case, except for payment obligations under Clause 5 (Fees and Payment) We and our affiliates and licensors’shall not have any direct or indirect liability of any nature whatsoever under this Terms of Use.

THIRD PARTY CONTENT AND LINKS TO OTHER WEBSITES

·         In using the Services, you may view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). We do not control, endorse, or adopt any Third-Party Content and have no responsibility for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party. You are advised to read the applicable terms of use and privacy policy of such third parties before using their services.

·         This Website may contain links to other websites. These links are meant for your convenience only. Links to third-party websites do not constitute sponsorship or endorsement or approval of these websites. Kindly note that SBSPL shall not be responsible for the privacy practices of such other websites.

·         SBSPL requests you read the privacy statements or policies of each and every website that collects personally identifiable information that You/User visit.

·         The Website may be accessed by users internationally and may contain references or cross references to SBSPL products, programs, and services that are not available or are prohibited in Your country. Such references do not imply that SBSPL intends to make available in Your country such products, programs, or services or that such products may lawfully be used in Your country.

MISCELLANEOUS

·         Assignment. You will not assign or otherwise transfer this Terms of Use or any of your rights and obligations under this Terms of Use, without our prior written consent. Any assignment or transfer in violation of this Clause will be void. We may assign this Agreement without your consent (a) in connection with a merger, acquisition, or sale of all or substantially all of our assets, or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for SBSPL to this Agreement and SBSPL is fully released from all of its obligations and duties to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.

·         Entire Agreement. This Terms of Use incorporates the policies and invoices issued pursuant to this Agreement by reference and are the entire agreement between you and us regarding the subject matter of this Terms of Use. This Terms of Use supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. If the terms of this Agreement are inconsistent with the terms contained in any policy, the terms contained in this Terms of Use will prevail.

·         Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labour disputes, or other industrial disturbances, pandemics, epidemics, the government imposed lockdowns, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

·         Governing Law. The laws of India, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us.

·         Disputes. Any dispute or claim relating in any way to your use of the Services, or to any products or services sold or distributed by SBSPL or our affiliates will be resolved by binding arbitration by a sole arbitrator appointed by the parties, rather than in court. The decision and award determined by such arbitration will be final and binding upon the parties. Court review of an arbitration award is limited. The arbitration will be conducted in accordance with the provisions of the fast-track provisions of the (Indian) Arbitration and Conciliation Act, 1996, as may be in force from time to time. The arbitration proceedings will be conducted in English, and the seat of the arbitration will be Mumbai. We and you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

·         Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and this Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party nor any of their respective affiliates is an agent of the other for any purpose or has the authority to bind the other.

·         Language. All communications and notices made or given pursuant to this Agreement must be in the English language.

·         Confidentiality and Publicity. You may use SBSPL Confidential Information only in connection with your use of the Services as permitted under this Agreement. You will not disclose SBSPL Confidential Information during the Term or at any time during the 5-year period following the end of the Term. You will take all reasonable measures to avoid disclosure, dissemination, or unauthorized use of SBSPL Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You will not issue any press release or make any other public communication with respect to this Agreement or your use of the Services.

·         Notice.

·         To You. We may provide any notice to you under this Agreement by: (i) posting a notice on the Site; or (ii) sending a message to the email address then associated with your account. Notices we provide by posting on the Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually received the email.

·         To Us. To give us notice under this Agreement, you must contact SBSPL as follows:

·         (i) by facsimile transmission to support@sipune.com ; or

·         (ii) by personal delivery, overnight courier, or registered or certified mail to Shop No. 111, Rama Smruti Apts., 19AB, Somwar Peth, Pune 411011, INDIA We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective 3 business days after they are sent.

·         No Third-Party Beneficiaries; Affiliates. This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement. You acknowledge and agree that our rights and obligations under this Agreement may be exercised or performed by one or more of our affiliates.

·         No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

·         Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement, but the rest of the Agreement will remain in full force and effect.

GRIEVANCE OFFICER

·         In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Sanjana S. Kanade
Contact: 888 888 1607
Email: sanjana@sipune.com