TERMS OF USE
Welcome to Carrier Midea India E-Store (hereinafter referred to as the “E-Store”). Your Use of the E-Store is governed by the following terms and conditions ("Terms of Use"). By mere Use of the E-Store You shall be contracting with Carrier Midea India Private Limited, the owner of the E-Store. These terms and conditions including the policies constitute Your binding obligations with Carrier Midea India Private Limited.
For the purpose of these Terms of Use, wherever the context so requires-
- "You", “Your”, "User" or “Buyer” shall mean any natural or legal person who has agreed to become a User of the E-Store by providing information or data (including sensitive personal information or data) while registering as Registered User.
- "We","Us","Our" or “Seller” shall mean Carrier Midea India Private Limited.
- “Goods” shall mean the goods/products sold on the E-Store.
User Account, Password, and Security:
- If You Use the E-Store, You shall be responsible for maintaining the confidentiality of Your Display Name and Password and You shall be responsible for all activities that occur under Your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of Your account on the E-Store.
- You further agree to immediately notify Us of any unauthorized Use / breach of Your password or account.
User Conduct and Rules on the E-Store:
- You agree, undertake and confirm that Your Use of the E-Store shall be strictly governed by the following binding principles:
- You shall not display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You do not have any right to;
- is misleading in any way;
- infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
- violates any law for the time being in force;
- shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs").
- You shall not Use any false e-mail address, impersonates any person or entity, or otherwise mislead Us by sharing multiple address and phone numbers.
- You shall not attempt to gain unauthorized access to any portion or feature of the E-Store, or any other systems or networks connected to the E-Store or to any server, computer, network, or to any of the services offered on or through the E-Store, by hacking, password "mining" or any other illegitimate means.
- You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable Laws including the provisions of the Information Technology Act, 2000 and rules framed thereunder.
Age of User:
Use of the E-Store is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to Use the E-Store. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the E-Store.
Text Messaging and Telephone Calls.
You agree that We may contact You by telephone or text messages at any of the phone numbers provided buy You. You may opt out of receiving text messages from Us at any time by sending Your request to support@cmiestore.com
Warranty
:
All product sold through the E-Store is governed by the Terms & Conditions of Warranty as mentioned in the product manual of the respective products. Apart from the express warranty terms as mentioned in the product manuals, we do not give any implied warranty on the Goods sold through the E-Store.
Placement of order
:
Placement of order by You on the E-Store is an offer to buy the product(s) by You and it shall not be construed as Our acceptance of Your offer to buy such product(s). We retain the right to cancel any such order placed by You, at our sole discretion and in such an event we will refund the amount paid by you towards the said order.
Payment
- You may choose from one of the many available modes of payment for purchasing the Goods available on the E-Store. However, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s.
- Before processing the orders, you may be required to provide additional documents like PAN, GSTN etc. to ensure compliance with the applicable laws and Regulations.
- All refunds shall be made at the same Issuing Bank from where Transaction Price was received.
- Payment and Refund shall be made in Indian Rupees only.
- We shall not be liable for any damages, interests or claims etc. resulting from not processing an order, cancellation of any order, delay in delivery, delay in refund or for any other reason which is beyond our reasonable control.
- All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank.
- All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Sale in India and for Personal Use only
- The Goods available on the E-Store is for sale within the Indian sub-continent only.
- The Goods sold through the E-Store is for Your personal use only and You shall not resale such Goods or put such Goods to commercial use. In case You do so, the warranty on the Goods shall be void.
Intellectual Property Rights
The E-Store is owned and controlled by Carrier Midea India (P) Ltd and all Intellectual Properties on the Goods sold on the E-Store like copyright, trademark, trade name, logos, designs, colour combinations, patents etc. are owned by Carrier Midea India (P) Ltd. and/or its Group Companies. All material on the E-Store, including images, illustrations, audio clips, and video clips, logos are protected by copyrights, trademarks, and other intellectual property rights. Goods available on the E-Store are solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, circulate, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so.
License
.
Subject to Your compliance with these Terms, Carrier Midea India Private Limited grants You a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to: (i) access and Use the E-Store on Your personal device solely in connection with Your Use of the Services; and (ii) access and Use any content, information and related materials that may be made available through the Services, in each case solely for Your personal, noncommercial Use. Any rights not expressly granted herein are reserved by Carrier Midea India Private Limited.
Disclaimers; Limitation of Liability; Indemnity.
Disclaimer.
The e-store is provided "as is" and "as available." Carrier Midea India Private Limited disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Carrier Midea India Private Limited makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the e-store or that the services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the e-store, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
Limitation of liability.
Carrier Midea India Private Limited shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, related to or in connection with, or otherwise resulting from any use of the e-store, regardless of the negligence (either active, affirmative, sole, or concurrent) of Carrier Midea India Private Limited, even if Carrier Midea India Private Limited has been advised of the possibility of such damages.
Indemnity.
You agree to indemnify and hold Carrier Midea India Private Limited and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) Your Use of the E-STORE or services or Goods obtained through Your Use of the E-STORE; (ii) Your breach or violation of any of these Terms; (iii) Carrier Midea India Private Limited's Use of Your User Content; or (iv) Your violation of the rights of any third party.
- Upgradation of software & Modification of Terms of Use.
Carrier Midea India Private Limited shall have the right to upgrade the E-STORE or modify the Terms of Use from time to time at its sole discretion.
- Governing Law & Jurisdiction.
These Terms are governed by and construed in accordance with the laws of India. The Courts at Gurugram/Haryana shall have exclusive jurisdiction to try and adjudicate any dispute arising out of or in connection with these Terms. To the extent permitted under applicable law, by using our services, You consent to our updates to this policy.