WHEREAS, you ("you" or the "Customer") are an individual or entity that purchases Products from Scriptgiant Technologies Pvt. Ltd.;
WHEREAS, www.scriptgiant.com (the "Website" or the "Shop") is an online shop for digital products and services (the "Products"); WHEREAS, the Product(or Products) is any digital product or service sold at www.scriptgiant.com;
NOW, THEREFORE, for and in consideration of the foregoing and the mutual covenants and agreements contained herein, the parties hereby stipulate, agree and enter into the agreement (the "Agreement") as follows:
GENERAL PROVISIONS AND SCOPE OF THE AGREEMENT
- This Agreement sets out general terms and conditions for using the marketplace software products, developed by Scriptgiant Technologies Pvt. Ltd. This Agreement is applicable when you buy Products at www.scriptgiant.com
- Under this Agreement you undertake to buy and accept the Product(s) from Scriptgiant Technologies Pvt. Ltd. and Scriptgiant Technologies Pvt. Ltd. undertakes to sell the Product(s) to you.
- In order to purchase and use online shopping Elance Marketplace, The Customer must be 18 years old or older and should be able to enter into and form contracts lawfully under applicable law.
- Scriptgiant Technologies Pvt. Ltd. sells Products to Customers for non-commercial use. Unless specifically stated otherwise with regard to a particular Product, you may not resell the Product.
- By purchasing Products from this Shop, you agree to be bound by and accept this Agreement and its terms and conditions. If you do not agree with the Agreement and/or individual provisions of the Agreement, you cannot use the Shop and buy Products.
ACCEPTANCE, CHANGES AND CONCLUSION OF THE AGREEMENT
- This Agreement comes into effect at the moment you choose the Product and press the "Buy Now" button.
- Scriptgiant Technologies may change, amend, delete or add to this Agreement or any of the terms and conditions contained in any policies or rules governing the Website at any time and in its sole discretion. Any such changes will be effective upon the posting of the revised Agreement or such policies and rules on the Website and you are solely responsible for reviewing any such notice and the corresponding changes to the Agreement. Your continued use of the Website following any such revisions to the Agreement or such policies and rules will constitute your acceptance of such changes. If you do not agree to any such changes, do not continue to use the Shop.
RIGHTS AND OBLIGATIONS OF SCRIPTGIANT TECHNOLOGIES PVT. LTD.
Scriptgiant Technologies Pvt. Ltd. may at any time:
- Change or remove (temporarily or permanently) features and utilization perspective of the Products and other information from without indicating the reasons of such change or removal and you confirm that Scriptgiant Technologies shall not be liable to you for any such change or removal.
- Restrict your usage of the Shop, if you breach this Agreement or any other law or act in a manner that is unlawfully and threatening to the normal operation of the Shop.
- Change this Agreement unilaterally.
Scriptgiant Technologies Pvt. Ltd. commits to:
- Sell and deliver the Product to the Customer after the purchase.
- Deliver the Product that meets quality standards according to the Product description.
- Create appropriate conditions for the Customer to use the Shop and buy Products.
- Cguarantee that Scriptgiant Technologies is entitled to sell and deliver Products to the Customer and this right is not anyhow limited or disputed.
- Guarantee that by selling the marketplace software products Scriptgiant Technologies does not infringe any patents, industrial design rights, trademarks and (or) other intellectual property rights.
RIGHTS AND OBLIGATIONS OF THE CUSTOMER.
The Customer has a right to:
- buy the marketplace software products, developed by Scriptgiant Technologies, online in accordance with the terms and conditions of this Agreement.
- intimate if the quality of the marketplace software products does not meet the expectations of the Customer.
- demand for availing services and up gradation of the product if the quality of the product doest match with commitment in feature list.
The Customer commits to:
- bound by policies where reselling the product or selling the product after customization, developed by Scriptgiant Technologies Pvt. Ltd., is strictly prohibited.
- violation of rule 4.2.1. (Reselling Scriptgiant products) shall be settled in the competent court of the Republic of India, according to the registration address of Scriptgiant Technologies.
- accept and inspect and then pay the marketplace software product at the moment of delivery.
- update personal information in the checkout form when necessary.
- accept this Agreement and act according to it. TRADEMARKS. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of http://www.scriptgiant.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
PRICING, ORDER AND PROCESS OF PAYMENT.
- The price of the Product is indicated next to the Product description and is valid as long as the Product is listed in the Freelancer-clone.com.
- The current available payment methods are: credit cards from Visa, MasterCard, American Express, debit cards with the Visa or MasterCard logo and PayPal.
- Orders are processed only after your billing address or other billing information has been verified and the successful payment has been made to bank account of Scriptgiant Technologies Pvt. Ltd.
- If Scriptgiant Technologies determines that your purchase is subject to sales tax or other tax form (for i.e. VAT), a separate charge for taxes will be shown on your order form.
- Your purchase will appear on your bank statement.
- After the purchase Scriptgiant Technologies will send you an invoice regarding your purchase.
- If you have any questions regarding a purchase or if you do not recognize a charge on your bank statement, please contact us.
- Delivery of the Scriptgiant product will only be preceded by completion of paper works, duly signed from both party agreement and payment acceptance.
DELIVERY, ACCEPTANCE OF PRODUCTS AND TRANSFER OF OWNERSHIP.
- All Products are delivered immediately to the Customer after the successful payment via website download link, e-mail or any other form of digital service.
- Products are delivered by Scriptgiant Technologies only.
- You must inspect the Product and its quality at the moment of delivery. If you think that the Product does not meet described quality requirements, you must immediately notify Scriptgiant Technologies about it in a written form. If you did not submit any written comments on the quality of the Product, it is considered that the Product was delivered in good quality.
- The Product is considered delivered at the moment Scriptgiant Technologies sends you the download link of the Product or delivers it in any other form of digital service.
- The ownership of the Product is transferred to the Customer upon the delivery of the Product.
- The risks of accidental perish; theft, disappearance or damage to the Product shall pass to the Customer upon the delivery of the Product.
- The detailed features of the Product sold at the Shop are specified in the Product description.
- Scriptgiant Technologies is responsible for the quality of Products and guarantees that your Product will be functioning normally and meet standard quality (technical) requirements and conditions of the respective kind of Products and will not have any hidden deficiencies. However, Scriptgiant Technologies is not responsible for any damage arising from your failure to follow instructions relating to the Product′s use.
- If you have any questions about the quality of the Product, please contact us.
LIABILITY AND INDEMNIFICATION.
- You are responsible for actions performed by using the Shop.
- You must act in accordance with this Agreement and applicable law and refrain from any action that may cause damage to the Shop and/or Scriptgiant Technologies.
- Scriptgiant Technologies shall not be liable in case of loss due to the fact that the Customer, regardless to Scriptgiant Technologies recommendations and his own commitments, did not get familiar with this Agreement.
- TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SCRIPTGIANT TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCRIPTGIANT TECHNOLOGIES DOES NOT WARRANT THAT THE SCRIPTGIANT TECHNOLOGIES SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SCRIPTGIANT TECHNOLOGIES SERVICES, SCRIPTGIANT TECHNOLOGIES'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SCRIPTGIANT TECHNOLOGIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCRIPTGIANT TECHNOLOGIES DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. TO THE FULLEST EXTENT PERMITTED AT LAW, SCRIPTGIANT TECHNOLOGIES WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR UNDER ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA OR INJURY) ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION AGREEMENT, THE SITE, THE SERVICE, PRODUCTS (INCLUDING SOFTWARE), THE INABILITY TO USE THE SERVICE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED FROM SCRIPTGIANT TECHNOLOGIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, SCRIPTGIANT TECHNOLOGIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE MONEY AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THESE PURCHASE TERMS GIVING RISE TO SUCH LIABILITY.
- You agree to defend and indemnify Scriptgiant Technologies and its employees from any claim or demand, including reasonable attorney's fees, arising from your failure to comply with this Agreement, your violation of any law, or the rights of a third party.
- Scriptgiant Technologies is not responsible for information provided at other websites, even if the Customer followed links to those websites from the Shop.
PRIVACY AND PERSONAL DATA MANAGEMENT.
- In order to use the Shop and buy Products you must provide your personal data that is required in the checkout form.
- Your personal data that you provide will be used to indentify you as the Customer and to execute this Agreement. Scriptgiant Technologies commits to protect your personal data and disclose them only when it is necessary to execute this Agreement or it is required by the Agreement or applicable law.
- You confirm that you have entered correct data about yourself in the checkout form and that afterwards, when changing or adding any data at the Shop, you will enter only correct data. The Customer shall bear any losses that occur regarding to the submission of invalid/incorrect data.
- You acknowledge and agree that Scriptgiant Technologies may provide to the suppliers/manufacturers information that is reasonably necessary for them to communicate with you regarding any issues that may arise in connection with your purchased Product. You agree that Scriptgiant Technologies shall not be liable for the collection and/or disclosure of such information to supplier/manufacturer.
- Scriptgiant Technologies may use your personal data for direct marketing purposes if you give your consent in the checkout form. You can withdraw the above consent at any time.
APPLICABLE LAW AND DISPUTE RESOLUTION.
- The interpretation, validity and enforcement of this Agreement, and all legal actions brought under or in connection with the subject matter of this Agreement, shall be governed by the law of the Republic of India.
- Any disagreements or disputes of the Customer and Scriptgiant Technologies, arising from this Agreement, shall be settled by negotiations between the Customer and Scriptgiant Technologies. In case of failure to reach an agreement in 14 (fourteen) days, any disputes, disagreements or claims, arising from this Agreement or related to it, its breach, dissolution or validity, that have not been solved by the Customer and Scriptgiant Technologies, shall be settled in the competent court of the Republic of India, according to the registration address of Scriptgiant Technologies.
- The Customer confirms that he has read this Agreement, understood its terms, conditions and consequences.
- If any section or portion(s) of this Agreement is declared invalid by any court of competent jurisdiction or a government agency having jurisdiction, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those to which it is held invalid by such court, shall not be affected thereby, and this Agreement shall remain in full force and effect. To the extent possible, the parties shall reform such invalidated section or portion(s) thereof in a manner that will render such provision valid without impairing the parties' original intent.
- The Customer confirms that he has read this Agreement, understood its terms, conditions and consequences.
- All the notices, consents and other communication of the parties related to this Agreement shall be delivered via e-mail.