Acer India Private Limited, bearing CIN: U31909KA1999PTC025698, is a private limited company incorporated under the provisions of Companies Act, 1956, having its registered office located at Embassy Heights, 6th Floor, No. 13, Magrath Road, Next to HOSMAT Hospital, Bangalore (Karnataka) – 560025 (hereinafter referred to as “AIL”).
By accessing, using or creating an Account on Acer Online Store, you acknowledge and warrant that these terms including the policy documents were carefully read in their entirety by you and understood, and that the terms including the policy documents are contractual and not mere recital; and as sufficient consideration for the same, AIL may not have given you access to Acer Online Store or to any application, tool or service connected therewith, should you have not accepted to comply with, or be governed with, in totality with these terms.
Date of implementation: 13/02/2019
AIL provides you access to Acer Online Store subject to the terms and conditions set out hereinafter. Please read these terms carefully before using Acer Online Store since by using Acer Online Store you signify your agreement to be bound by these terms. These terms constitute an electronic record within the meaning of applicable Indian laws and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein for which direct evidence would be admissible in accordance with Section 4 of Information Technology Act, 2000, read with Section 65B of Indian Evidence Act, 1872. This electronic record is generated by a programmed information system and does not require any physical or digital signatures.
If you use or access Acer Online Store, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer or mobile device to prevent unauthorised access to your Account. You agree to accept responsibility for all activities that occur under your Account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform AIL immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. You agree and acknowledge that you will use your account on Acer Online Store to make purchases for all lawful reasons only, for your personal use only and not for any business purposes whatsoever. AIL reserves the right to refuse access to Acer Online Store, terminate your Account, remove or edit content at any time without notice to you.
MULTI SIDED E-PLATFORM:
Acer Online Store is an electronic platform where you can browse various ‘Acer’ branded products/services. You agree, understand and acknowledge that Acer Online Store enables you to purchase products and services listed there directly from AIL’s Order Fulfilment Partner at the price indicated therein at any time from any location within India subject to such location falling within the approved order fulfilment locations. You further agree and acknowledge that AIL is only a facilitator and is not and cannot be a party to or control in any manner any transactions incurred on Acer Online Store subject to the limitations contained in the Terms. Accordingly, the contract of sale of products/services on Acer Online Store shall be a strictly bipartite contract between a User and the Order Fulfilment Partner.
Acer Online Store is neither directed at nor targeted at minors. Use of Acer Online Store is available only to such Users who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor as per Indian laws i.e. under eighteen (18) years of age, you may use Acer Online Store only with the involvement of a parent or your legal guardian.
ACCESS TO ACER ONLINE STORE:
AIL will do its utmost to ensure that availability of Acer Online Store will be uninterrupted and that transmissions will be error-free; however, due to the nature of Internet and certain other technology features including failure thereof, AIL does not provide you any warranty in this regard. Similarly, your access to Acer Online Store or to your Account there may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction/deletion of services and facilities at any time without prior notice.
Acer Online Store may contain inaccuracies, typographical and/or clerical errors in either the nomenclature, or description of products and services or any Content listed on Acer Online Store. AIL expressly disclaims any obligation to update Acer Online Store or any of the Content on Acer Online Store and you acknowledge that any reliance on any such information shall be at your sole risk. You also understand and agree that the colour/size of products may vary from the visual representation on Acer Online Store and in this regard the technical specifications mentioned for the product shall be the guiling norms. AIL reserves the right, in its sole discretion, to correct any errors or omissions in any Content displayed or any portion of Acer Online Store and may make any other changes to Acer Online Store, the Content and the programs, services or prices described at any time without notice.
LICENCE FOR ACCESS:
Subject to your compliance with these Terms, AIL grants you a limited, revocable, non-exclusive and non-transferrable license to access and make use of Acer Online Store. This licence does not include any resale or commercial use of Acer Online Store or its contents; any collection and use of any product/services listings, descriptions, or prices; any derivative use of Acer Online Store; any downloading or copying of Account information for the benefit of a third party including a competitor of AIL or another seller; or any use of data mining, robots, or similar data gathering and extraction tools. You are granted a limited, revocable, non-exclusive and non-transferrable permission to create a hyperlink to the home page of Acer Online Store as long as the link does not portray AIL or Acer Online Store or products or services listed on Acer Online Store in a false, misleading, derogatory, or otherwise offensive matter.
Further, as part of your license to access Acer Online Store you warrant to the following conditions:
a) You shall not download (other than page caching) or modify Acer Online Store except with express written consent of AIL. b) You shall not reproduce, duplicate, copy, sell, resell, visit, distribute or otherwise exploit for any commercial purpose Acer Online Store or its Content, without express written consent of AIL. c) You shall not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AIL and third parties without express written consent of AIL. d) You shall not use any meta-tags or any other hidden text utilising AIL's names or trademarks without the express written consent of AIL. e) You shall not use any AIL logo or other proprietary graphic or trademark as part of any hyperlink without express written consent of AIL. f) You must not use Acer Online Store in any way that causes, or is likely to cause, Acer Online Store or access to it to be interrupted, damaged or impaired in any way. g) You must not use Acer Online Store in any way for fraudulent purposes, or in connection with a criminal offense or other unlawful activity including a breach of third party’s intellectual property rights. h) You must not use Acer Online Store in any way to cause annoyance, inconvenience or needless anxiety to its Users or any third parties. i) You understand that you, and not AIL, are responsible for all electronic communications and Content sent from your computer or mobile device to Acer Online Store and you must use Acer Online Store for lawful purposes only.
You understand and expressly agree that any unauthorised use of Acer Online Store terminates the permission or license granted by AIL to you to access Acer Online Store at its sole discretion.
CONTENT, COMMENTS AND COMMUNICATIONS:
As a User of Acer Online Store, wherever the facility and access is provided to you, you may post reviews and comments; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the Content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam.
You represent and warrant that you own or otherwise control all of the rights to the Content that you post or that you otherwise provide on or through Acer Online Store; that, as at the date that the Content or material is submitted to Acer Online Store: (i) the Content and material is accurate; (ii) use of the Content and material you supply does not breach any applicable Terms and will not cause injury to any person or entity (including that the Content or material is not defamatory); and, (iii) the Content is lawful. You agree to indemnify AIL, its directors, officers, employees and its affiliates and other Users for all claims brought by a third party against AIL or its directors, officers, employees and its affiliates and other Users arising out of or in connection with a breach of any of these warranties.
You acknowledge and undertake that you are accessing Acer Online Store and transacting there at your own risk and are using your best and prudent judgment before entering into any transactions through Acer Online Store. Each and every transaction entered into on Acer Online Store by you amounts to a binding contract and is enforceable against you in case of breach thereof by you. AIL shall, except where categorically mentioned so, neither be liable nor responsible for any actions or inactions of Order Fulfilment Partner nor any breach of conditions, representations or warranties by the Order Fulfilment Partner and hereby expressly disclaims and any all responsibility and liability in that regard. AIL shall not mediate or resolve any dispute or disagreement between you and the Order Fulfilment Partner regarding the products/services purchased from Acer Online Store except honouring warranty claims in accordance with the limited warranty provided by AIL on all its products/services.
AIL further expressly disclaims any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose of the products/services listed or displayed or transacted or the Content (including product/services or pricing information and/or specifications) on Acer Online Store. While AIL has taken precautions to avoid inaccuracies in Content, Acer Online Store, all Content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.
INDEMNITY AND RELEASE:
You shall indemnify and hold harmless AIL, its affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable lawyer's fee, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. You hereby expressly release AIL and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Order Fulfilment Partner and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise against AIL.
In light of Section 73 of Indian Contract Act, 1872, AIL shall not be responsible or liable for any remote and indirect losses incurred by a User; and to clarify the same, it is categorically stated that AIL shall not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you placed an order upon the Order Fulfilment Partner using Acer Online Store.
AIL or its Order Fulfilment Partner shall not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises due to any cause, existing or future, which is beyond the reasonable control of AIL, including an act of God or natural calamity like cyclone, storm, flood, rains, earthquake, volcanic eruption, etc., or an act in the nature of war, terrorism, strike, riot, lockout, theft, fire, explosion, epidemics, quarantine, embargo, unavailability of materials, interference by civil or military authorities, acts, regulations or orders of any government authority in their sovereign capacity, etc.
PURCHASE ON ACER ONLINE STORE:
Any products/services purchased by you on Acer Online Store are for your own consumption and are purchased directly from the Order Fulfilment Partner listed here, and payment made by you for the same is transacted directly to such Order Fulfilment Partner and AIL holds no commission or participates in such transaction. You will be required to make the total payment for purchase of products/services (inclusive of all relevant taxes and charges) ordered from Order Fulfilment Partner using Acer Online Store on upfront basis through Internet banking or credit/debit card. Payments made through International credit/debit cards are not accepted. On successful payment transaction, you will automatically receive notification to your registered e-mail address or the confirmatory message to registered cellphone number. Receipt of such notification is the only proof of order placement and payment made, and if you do not receive such notification however your bank account shows the amount to be debited, you are encouraged to contact your bank for further inquiry.
Any order placed with Order Fulfilment Partner cannot be cancelled once it has been processed. You must provide the correct name, delivery address, GSTN, etc. at the time of purchase since invoice shall be issued by the Order Fulfilment Partner based on the information furnished at the time of placing order and under no circumstances any change in the delivery address or any other information will be accepted. Such invoice shall be generated by the Order Fulfilment Partner when the product is ready for shipping and you will automatically receive notification to your registered e-mail address or the confirmatory message to registered cellphone number in such regard.
Shipping of products will be done by the method indicated in the order, and if for any reason the products are sent using an alternate method, other than the one indicated in the order, you need not pay any additional charges unless you have been advised to do so by Order Fulfilment Partner by way of an official communication.
The tentative date of delivery of products communicated by the Order Fulfilment Partner shall only be the approximate date of delivery and the said date may not be guaranteed by the Order Fulfilment Partner and therefore the Order Fulfilment Partner will not be liable for any delay in delivery of the products/services, howsoever caused. You understand that delivery schedules may get affected for various reasons and as such agree that there may be delay in delivery than originally proposed to you. Notwithstanding the same, if you fail to accept the delivery due to being unavailable at delivery address at the time of delivery, or for any other reasons whatsoever, the consignment may get returned to the Order Fulfilment Partner and Order Fulfilment Partner shall not be responsible for any claims/damages made by you in such regard.
In case, for any unforeseeable reason including unavailability of stock, force majeure events, etc., the delivery of products/services contracted by you with Order Fulfilment Partner cannot be made, then the Order Fulfilment Partner assures to refund the complete amount already paid by you.
JURISDICTION AND DISPUTE RESOLUTION:
Irrespective of the jurisdiction where you reside, or the location you are accessing Acer Online Store from, these Terms shall be governed by and construed in accordance with the laws of India and the courts situated at Bangalore (Karnataka), India, shall have the exclusive jurisdiction to try and adjudicate upon any dispute between you and AIL arising out of or related to the Terms or any breach thereof.
In case of any dispute, you agree to attempt in good faith to resolve such dispute expediently and amicably with AIL. Any party, either you or AIL, which claims that a dispute has arisen shall give a notice thereof to the other party as soon as reasonably practicable after the occurrence of the event, matter or thing which is the subject of such dispute and in such notice such party shall provide particulars of the circumstances and nature of such dispute and of its claim(s) in relation thereto and shall designate a person as its representative for negotiations relating to the dispute, which person shall have authority to settle the dispute. The other Party shall, within fifteen (15) business days of such notice, specify in writing its position in relation to the dispute and designate as its representative, in negotiations relating to the dispute, a person with similar authority. The aforesaid designated representatives shall attempt in good faith to settle the dispute within thirty (30) days after receipt of the particulars of the dispute. If the dispute continues after the aforesaid period, in that event either you or AIL shall have the right to invoke the process of binding arbitration to settle such dispute.
If any dispute is not sorted through mutual discussions as mentioned hereinbefore, then such dispute shall be resolved and finally settled in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as may be amended from time to time or its re-enactment. The arbitral tribunal shall be composed of a single arbitrator to be appointed by the Hon’ble Karnataka High Court, or such designated body, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as may be amended from time to time or its re-enactment. The seat of such arbitration shall be at Bangalore, India. The language of proceedings shall strictly be English. Notwithstanding anything contained in Arbitration and Conciliation Act, 1996, the party that invokes the arbitration proceedings shall be liable to pay the complete fee for the arbitration unless otherwise directed by such arbitrator in its award.
DISPUTE AGAINST ORDER FULFILMENT PARTNER:
You agree and understand that the Order Fulfilment Partner that you transact with regarding purchase of any products/services, is out of your own free volition. The Order Fulfilment Partner is providing products/services at Acer Online Store as an independent entity and that such Order Fulfilment Partner or the User that has ordered for such products/services is connected with each other and not with AIL in any capacity. Accordingly, Order Fulfilment Partner and such User shall solely be responsible for their respective conduct during such transaction and Acer Online Store is merely a platform to facilitate such transaction between the parties to the contract.
Nothing herein shall be construed to entitle either the Order Fulfilment Partner or any User to be a representative, agent, partner or joint-venturer of AIL and the relationship between such parties and AIL is as principal to principal basis. Therefore, in any dispute between the Order Fulfilment Partner and the User that has ordered for such products/services, AIL shall not be made a party unless the primary remedy sought is against AIL. In case AIL is unnecessarily made a party to such dispute by the User, and no decree/award is passed against AIL, then AIL has the right to recover all legal fee and reasonable expenses in defending itself before such forum, and you agree as the User that has ordered for such products/services to abide by the same.
If you have any questions about the Terms, or your dealings with Acer Online Store, please contact AIL at Acerindia.firstname.lastname@example.org.
For all contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) from AIL with respect to your use of Acer Online Store and from AIL, its affiliates, Order Fulfilment Partner and its respective officers, directors, agents and employees regarding any of your orders placed on Acer Online Store.
AMENDMENTS AND REVISIONS:
AIL reserves the right to make changes at any time to the Terms, at its discretion or as required by law, and these Terms may be subject to amendment and updating at any time by posting the amended terms on Acer Online Store. All amended terms automatically take effect as on the date they are posted and AIL may in its sole discretion announce any material changes to the Terms through e-mail to existing Users where they have disclosed their e-mail addresses to AIL. You will be subject to the Terms in force at the time that you use Acer Online Store or that you order products/services through Acer Online Store, unless any change to such Terms is required to be made by law or any notification or circular issued by appropriate government authority (in which case it will apply to orders previously placed by you) or as directed in such law, notification or circular, as the case may be.
If any of the Terms is deemed invalid, void, or for any reason unenforceable as per Indian law, that particular term will be deemed severable and will not affect the validity and enforceability of any remaining Terms.